AGENDA

Administrative rules review committee 2898

AGRICULTURE AND LAND STEWARDSHIP
DEPARTMENT[21]

Notice, Pseudorabies in swine, 64.153,
64.157(2) ARC 9076A 2905

ALL AGENCIES

Schedule for rule making 2896

Publication procedures 2897

Agency identification numbers 2903

ARCHITECTURAL EXAMINING BOARD[193B]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Filed, Agency procedures, 1.5, 2.2, 4.1,
ch 5, 8.5 to 8.16 ARC 9061A 2946

CITATION OF ADMINISTRATIVE RULES 2895

deaf services division[429]

HUMAN RIGHTS DEPARTMENT[421]"umbrella"

Filed, Agency procedures, chs 6 to 9
ARC 9072A 2946

EDUCATION DEPARTMENT[281]

Notice, Educational programs and services
for pupils in juvenile homes, 63.1 to 63.21
ARC 9062A 2906

EXECUTIVE DEPARTMENT

Proclamation--special election 2979

GENERAL SERVICES DEPARTMENT[401]

Filed, Agency procedures, 1.4, chs 17 to 19
ARC 9065A 2946

HUMAN SERVICES DEPARTMENT[441]

Notice, Food stamp program, 65.10, 65.19(17),
65.27, 65.28, 65.40, 65.46(5) ARC 9067A 2910

Notice, Form names and numbers, adoption
expenses, 78.13(10), 150.5(5), 151.28(4),
151.49(6), 151.70, 151.86, 153.57(3), 156.8,
167.3(2), 167.5, 176.16(3), 179.9(2), 179.10,
201.3(2) ARC 9055A 2913

Notice, Debts due from transfers of assets,
89.5, 89.7 ARC 9068A 2915

Notice, Rehabilitative treatment services--
bachelor and master social workers,
185.10(1) ARC 9054A 2916

Filed, SSI-related Medicaid, 75.13(2), 75.23(5)
ARC 9069A 2947

Filed, CSRU--emancipation verification,
95.25 ARC 9070A 2948

INSPECTIONS AND APPEALS DEPARTMENT[481]

Filed, Food and drug administration food code,
51.20 ARC 9073A 2949

INTEREST RATES--PUBLIC FUNDS 2943

LABOR SERVICES DIVISION[875]

WORKFORCE DEVELOPMENT DEPARTMENT[871]"umbrella"

Filed Emergency After Notice, Agency
procedures; interest, fees and charges due
the division, amendments to ch 1, 150.11(4),
150.15, 202.9, rescind ch 300 ARC 9056A 2945

LIVESTOCK HEALTH ADVISORY COUNCIL[521]

Notice, Appropriation for 1999-2000, ch 1
ARC 9087A 2916

NATURAL RESOURCE COMMISSION[571]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Notice, Nursery stock sale to the public,
71.3 ARC 9081A 2917

Notice, Endangered fish species, 77.2(1)
ARC 9084A 2918

Filed, Nontoxic shot on wildlife areas; portable
blinds, 51.5(2), 51.9 ARC 9086A 2949

Filed, Wildlife refuges, 52.1(2)"a" ARC 9085A 2950

Filed Emergency, Nursery stock sale to the
public, 71.3 ARC 9082A 2945

Filed, Wild turkey fall hunting, 99.2(1), 99.5
ARC 9080A 2950

Filed, Deer hunting, 106.2(4), 106.8(2), 106.10
ARC 9083A 2951

PAROLE BOARD[205]

CORRECTIONS DEPARTMENT[201]"umbrella"

Filed, Rule revisions, chs 1 to 15 ARC 9088A 2952

PERSONNEL DEPARTMENT[581]

Filed, Agency procedures, 19.2 to 19.13,
21.9(5), chs 26, 31 ARC 9074A 2971

PERSONS WITH DISABILITIES DIVISION[431]

HUMAN RIGHTS DEPARTMENT[421]"umbrella"

Filed, Agency procedures, 1.2, chs 4 to 6
ARC 9071A 2972

PHARMACY EXAMINERS BOARD[657]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Notice, Licensure, 2.2, 2.9, 2.11(2), 2.12
ARC 9043A 2918

Notice, Fee surcharge and applications for
licensure, 3.1, 3.4 ARC 9044A 2919

Notice, Pharmacist preceptor; internship;
foreign graduates, 4.1, 4.6 to 4.9
ARC 9045A 2920

Notice, Licensure by reciprocity, 5.1, 5.2
ARC 9046A 2921

Notice, Waiver or exemption from board rules,
6.3 to 6.5, 7.3, 7.4, 15.2 to 15.4, 16.5, 16.6
ARC 9047A 2921

Notice, Hospital pharmacies, 7.13(1)
ARC 9048A 2923

Notice, Patient medication packaging; hospice
emergency drugs, 8.12, 8.13, 8.31
ARC 9049A 2923

Notice, Drugs in emergency medical service
programs, 11.1 ARC 9050A 2925

Notice, Nonresident pharmacy licenses,
19.1, 19.2, 19.6 to 19.9 ARC 9051A 2925

Notice, Transmission of prescriptions by fax or
other electronic means, 21.3(3), 21.5(4), 21.6
ARC 9052A 2927

Notice, Pharmacy technician registration fees,
22.7 ARC 9053A 2927

PROFESSIONAL LICENSURE DIVISION[645]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Filed, Agency procedures, chs 6 to 9, 11 to 17
ARC 9079A 2972

PUBLIC BROADCASTING DIVISION[288]

EDUCATION DEPARTMENT[281]"umbrella"

Notice, Agency procedures, chs 11 to 13
ARC 9060A 2928

PUBLIC HEALTH DEPARTMENT[641]

Filed, Trauma education and training,
ch 137 ARC 9075A 2972

Filed, Agency procedures, chs 171 to 173
ARC 9078A 2976

Filed, Student loan default, ch 195 ARC 9077A 2976

PUBLIC HEARINGS

Summarized list 2900

REVENUE AND FINANCE DEPARTMENT[701]

Notice, Sales tax, 18.5 ARC 9066A 2943

SOIL CONSERVATION DIVISION[27]

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]"umbrella"

Filed, Agency procedures, chs 3 to 5
ARC 9057A 2976

TRANSPORTATION DEPARTMENT[761]

Filed, Logo signing, 118.2 to 118.6 ARC 9058A 2977

Filed, Duplicate registration receipt,
400.60(1)"c" ARC 9059A 2977

TREASURER OF STATE

Notice--Public funds interest rates 2943

USURY

Notice 2944

WORKFORCE DEVELOPMENT
DEPARTMENT[871]

Notice, Workplace or domestic violence,
rescind 24.26(14) ARC 9064A 2944

Filed, Agency procedures, 43.5, 44.1 to 44.12
ARC 9063A 2978

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:

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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.

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NOTICE SUBMISSION DEADLINE	NOTICE PUB. DATE	HEARING OR COMMENTS 20 DAYS	FIRST POSSIBLE ADOPTION DATE 35 DAYS	ADOPTED FILING DEADLINE	ADOPTED PUB. DATE	FIRST POSSIBLE EFFECTIVE DATE	POSSIBLE EXPIRATION OF NOTICE 180 DAYS
Dec. 25 '98	Jan. 13 '99	Feb. 2 '99	Feb. 17 '99	Feb. 19 '99	Mar. 10 '99	Apr. 14 '99	July 12 '99
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Jan. 22	Feb. 10	Mar. 2	Mar. 17	Mar. 19	Apr. 7	May 12	Aug. 9
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Feb. 19	Mar. 10	Mar. 30	Apr. 14	Apr. 16	May 5	June 9	Sept. 6
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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
27	Friday, June 11, 1999	June 30, 1999
1	Friday, June 25, 1999	July 14, 1999
2	Friday, July 9, 1999	July 28, 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 House Committee Room 1, State Capitol, Des Moines, Iowa. The following rules will be reviewed:

NOTE: See also Agenda published in the May 19, 1999, Iowa Administrative Bulletin.

Bulletin

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Infectious and contagious diseases, 64.153(4), 64.153(5), 64.157(2)"c"(3) and (6) to (8), Notice ARC 9076A 6/2/99

ARCHITECTURAL EXAMINING BOARD[193B]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Definitions; architecture registration examination; rules of conduct; disciplinary action; petition for
rule making and declaratory order, 1.5, 2.2(1), 2.2(2), 4.1, 4.1(5)"a," 4.1(6)"h," ch 5, 8.5 to 8.16, Filed ARC 9061A 6/2/99

DEAF SERVICES DIVISION[429]

HUMAN RIGHTS DEPARTMENT[421]"umbrella"

Declaratory orders; petitions for rule making; agency procedure for rule making; contested cases,
chs 6 to 9, Filed ARC 9072A 6/2/99

EDUCATION DEPARTMENT[281]

Educational programs and services for pupils in juvenile homes, ch 63, Notice ARC 9062A 6/2/99

GENERAL SERVICES DEPARTMENT[401]

Declaratory orders; petitions for rule making; agency procedure for rule making, 1.4, chs 17 to 19, Filed ARC 9065A 6/2/99

HUMAN SERVICES DEPARTMENT[441]

Food stamp program, 65.10, 65.19(17), 65.27, 65.28(12) to 65.28(14), 65.28(18), 65.40, 65.46(5), Notice ARC 9067A 6/2/99

SSI-related Medicaid program, 75.13(2), 75.23(5)"d," Filed ARC 9069A 6/2/99

Form names and numbers; payment of nonrecurring adoption expenses, 78.13(10)"a," 150.5(5),
151.28(4)"a," 151.49(6), 151.70, 151.86, 153.57(3)"a," 156.8(3) to 156.8(5), 167.3(2), 167.5,
176.16(3), 179.9(2), 179.10(1), 179.10(2), 201.3(2)"a" and "b," Notice ARC 9055A 6/2/99

Debts due from transfers of assets, 89.5, 89.7, Notice ARC 9068A 6/2/99

CSRU--emancipation verification, 95.25, Filed ARC 9070A 6/2/99

Bachelor and master social workers providing behavioral health care therapy and skill development
services in the rehabilitative treatment services program, 185.10(1)"a"(6), 185.10(1)"b"(7), Notice ARC 9054A 6/2/99

INSPECTIONS AND APPEALS DEPARTMENT[481]

Update of references, 51.20(2)"j"(2), 51.20(2)"k," 51.20(4)"a"(3), Filed ARC 9073A 6/2/99

LABOR SERVICES DIVISION[875]

WORKFORCE DEVELOPMENT DEPARTMENT[871]"umbrella"

Administrative procedures; interest due, ch 1, 150.11(4), 150.15, 202.9, rescind ch 300,
Filed Emergency After Notice ARC 9056A 6/2/99

LIVESTOCK HEALTH ADVISORY COUNCIL[521]

Recommendations--expenditure of annual state appropriation, ch 1, Notice ARC 9087A 6/2/99

NATURAL RESOURCE COMMISSION[571]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Game management areas, 51.5(2)"b," 51.9, Filed ARC 9086A 6/2/99

Wildlife refuges, 52.1(2)"a," Filed ARC 9085A 6/2/99

Nursery stock sale to the public, 71.3(1) to 71.3(4), Notice ARC 9081A, also Filed Emergency ARC 9082A 6/2/99

Endangered animal species--Topeka shiner, 77.2(1), Notice ARC 9084A 6/2/99

Wild turkey fall hunting, 99.2(1)"f" and "h," 99.5, Filed ARC 9080A 6/2/99

Deer hunting, 106.2(4), 106.8(2), 106.10(1)"b," 106.10(6), Filed ARC 9083A 6/2/99

PAROLE BOARD[205]

CORRECTIONS DEPARTMENT[201]"umbrella"

Revision of all board of parole administrative rules, chs 1 to 15, Filed ARC 9088A 6/2/99

PERSONNEL DEPARTMENT[581]

Administrative procedures, 19.2 to 19.16, 21.9(5), chs 26 and 31, Filed ARC 9074A 6/2/99

PERSONS WITH DISABILITIES DIVISION[431]

HUMAN RIGHTS DEPARTMENT[421]"umbrella"

Petitions for rule making; agency procedure for rule making; declaratory orders, 1.2(1), 1.2(3)"b,"
chs 4 to 6, Filed ARC 9071A 6/2/99

PHARMACY EXAMINERS BOARD[657]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Licensure, 2.2, 2.9, 2.11(2), 2.12, Notice ARC 9043A 6/2/99

License fees, renewal dates, fees for duplicate licenses and certification of examination scores,
3.1, 3.4, 3.4(1), Notice ARC 9044A 6/2/99

Pharmacist-intern registration and minimum standards for evaluating practical experience,
4.1, 4.6 to 4.9, Notice ARC 9045A 6/2/99

Licensure by reciprocity, 5.1, 5.2, Notice ARC 9046A 6/2/99

Application for waiver or exemption from rules, 6.3, 6.4, 6.5(3), 7.3, 7.4, 15.2 to 15.4, 16.5, 16.6, Notice ARC 9047A 6/2/99

Orders cosigned by the prescriber, 7.13(1)"e," Notice ARC 9048A 6/2/99

Delivery of drugs and devices; patient med paks; home health agency/hospice emergency drugs,
8.12, 8.13, 8.31, Notice ARC 9049A 6/2/99

Drugs in emergency medical service programs--definitions, 11.1, Notice ARC 9050A 6/2/99

Nonresident pharmacy licenses, 19.1, 19.2, 19.6 to 19.9, Notice ARC 9051A 6/2/99

Electronic transmission by patient of prescriptions, 21.3(3), 21.5(4), 21.6, Notice ARC 9052A 6/2/99

Pharmacy technicians--registration fee, 22.7, Notice ARC 9053A 6/2/99

PROFESSIONAL LICENSURE DIVISION[645]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

CSRU and CSAC noncompliance; administrative procedures; impaired practitioner,
chs 6 to 9 and 11 to 17, Filed ARC 9079A 6/2/99

PUBLIC BROADCASTING DIVISION[288]

EDUCATION DEPARTMENT[281]"umbrella"

Agency procedure for rule making; declaratory orders; contested cases, chs 11 to 13, Notice ARC 9060A 6/2/99

PUBLIC HEALTH DEPARTMENT[641]

Trauma education and training, ch 137, Filed ARC 9075A 6/2/99

Petitions for rule making; declaratory orders; contested cases, chs 171 to 173, Filed ARC 9078A 6/2/99

Student loan default/noncompliance with agreement for payment of obligation, ch 195, Filed ARC 9077A 6/2/99

REVENUE AND FINANCE DEPARTMENT[701]

Taxable and exempt sales determined by method of transaction or usage, 18.5, Notice ARC 9066A 6/2/99

SOIL CONSERVATION DIVISION[27]

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]"umbrella"

Contested case proceedings and practice; declaratory orders; agency procedure for rule making,
chs 3 to 5, Filed ARC 9057A 6/2/99

TRANSPORTATION DEPARTMENT[761]

Logo signing, 118.2(2), 118.2(3)"b," 118.2(4), 118.3, 118.4(2), 118.4(4)"b," 118.4(5)"b," 118.4(7),
118.4(8), 118.5(1)"b," 118.5(2) to 118.5(4), 118.6(1), 118.6(2)"b," 118.6(3), Filed ARC 9058A 6/2/99

Vehicle registration and certificate of title, 400.60(1)"c," Filed ARC 9059A 6/2/99

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Claims and benefits--workplace or domestic violence, rescind 24.26(14), Notice ARC 9064A 6/2/99

Administrative procedures, 43.5, ch 44 title, 44.1 to 44.12, Filed ARC 9063A 6/2/99

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.
EDUCATION DEPARTMENT[281]
Educational programs and services for pupils in juvenile homes, 63.1 to 63.21 IAB 6/2/99 ARC 9062A	ICN Room--2nd Floor Grimes State Office Bldg. Des Moines, Iowa	June 24, 1999 9 a.m. to 12 noon
	All AEAs in the state of Iowa (ICN Network)	June 24, 1999 9 a.m. to 12 noon
	State Board Room--2nd Floor Grimes State Office Bldg. Des Moines, Iowa	June 28, 1999 9 to 11 a.m.
ENVIRONMENTAL PROTECTION COMMISSION[567]
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.
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.
HUMAN SERVICES DEPARTMENT[441] (Cont'd)
	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.
LIVESTOCK HEALTH ADVISORY COUNCIL[521]
Appropriation for 1999-2000, ch 1 IAB 6/2/99 ARC 9087A	Alumni Room College of Veterinary Medicine Iowa State University Ames, Iowa	June 22, 1999 10 a.m.
NATURAL RESOURCE COMMISSION[571]
Nursery stock sale to the public, 71.3 IAB 6/2/99 ARC 9081A (See also ARC 9082A herein)	Conference Room--4th Floor East Wallace State Office Bldg. Des Moines, Iowa	June 24, 1999 4 p.m.
Endangered fish species-- Topeka shiner, 77.2(1) IAB 6/2/99 ARC 9084A	Conference Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa	June 29, 1999 10 a.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.
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.
WORKFORCE DEVELOPMENT DEPARTMENT[871]
Claims and benefits, rescind 24.26(14) IAB 6/2/99 ARC 9064A	1000 E. Grand Ave. Des Moines, Iowa	June 22, 1999 9:30 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 9076A

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 159.5(11), 159.6(2), and 163.1(1), the Department of Agriculture and Land Stewardship gives Notice of Intended Action to amend Chapter 64, "Infectious and Contagious Diseases," Iowa Administrative Code.

These proposed amendments are intended to allow the Department to determine ownership of swine at a premise where the caretaker may not own the animals. In addition, beginning September 1, 1999, producers are required to provide for the required vaccination, with a g-1 deleted pseudorabies vaccine, of all swine located within one and one-half miles of a known infected herd. The proposed amendments also modify the test and removal herd cleanup plan, effective September 1, 1999, by requiring that the whole herd be initially tested, positive animals be removed within 15 days, and retesting be conducted at 30-day intervals, until noninfected. Finally, the proposed amendments provide for a herd cleanup plan for swine finishing premises, effective September 1, 1999.

Any interested person may make written suggestions or comments on the proposed amendments prior to 4:30 p.m. on June 22, 1999. Such written material should be directed to Dr. John Schiltz, State Veterinarian, Department of Agriculture and Land Stewardship, Wallace State Office Building, Des Moines, Iowa 50319, or by sending an E-mail to John.Schiltz@idals.state.ia.us.

These proposed amendments are intended to implement Iowa Code chapter 163.

The following amendments are proposed.

ITEM 1. Amend rule 21--64.153(166D) by adopting the following new subrules:

64.153(4) Any person possessing swine is required to provide the name and address of the owner or the owner's agent to a representative of the department.

64.153(5) Beginning on September 1, 1999, all swine located within one and one-half miles of a pseudorabies infected herd are required to be vaccinated with an approved pseudorabies vaccine. One dose of vaccine shall be administered to growing swine prior to 14 weeks of age or 100 pounds. Swine over six months of age or greater than 200 pounds, used or intended to be used for breeding, shall receive vaccine on a schedule designed to administer at least four doses throughout a 12-month period. The department may require a herd test to monitor both the pseudorabies status and the pseudorabies vaccine status of the herd.

In lieu of administering the vaccine as described above, an owner may test a statistical sample from both the breeding swine and the growing swine each month. The owner or owner's representative shall restrain the swine for testing each month.

ITEM 2. Amend 64.157(2)"c"(3) as follows:

(3) The herd must be visited on a regular basis (at least quarterly monthly) by the herd veterinarian to monitor progress of the herd cleanup plan. This will include quarterly monthly testing if applicable, overseeing management procedures which may include all-in-all-out swine movement, ventilation, sanitation, disinfection, and vaccine handling;

ITEM 3. Amend 64.157(2)"c"(6) as follows:

(6) Culled breeding swine must move directly to slaughter or to an approved premises. No swine moved from infected herds may be represented as breeding swine;

ITEM 4. Amend 64.157(2)"c"(7) as follows:

(7) All new and updated herd cleanup plans shall be designed to complete herd cleanup in less than two years or before January 1, 2000. Beginning January September 1, 1999, all infected herds, with breeding swine, shall implement a test and removal herd cleanup plan which shall include the following:

1. All herd boars must be tested every three months.

2 1. All breeding sows swine, including boars, shall be tested postbreeding prior to weaning at least monthly.

3 2. All breeding swine must be identified by an approved ear tag at the time of blood collection.

4 3. All seropositive swine must be removed from the herd, direct to slaughter, within 15 days after weaning or blood collection.

5 4. Seropositive swine must be removed from the herd direct to a buying station or to a slaughtering establishment.

6 5. A test and removal herd plan shall be in effect until the herd is determined to be noninfected.

All swine movement from infected herds must be directly to slaughter according to 64.154(2)"c," unless exempted by a "feeder pig cooperator" plan.

When this herd is designated a noninfected herd, or has been depopulated, by procedures detailed in Iowa Code section 166D.9, the plan is completed.

ITEM 5. Amend 64.157(2)"c" by adopting the following new subparagraph (8):

(8) Beginning September 1, 1999, all infected finishing herds shall implement a herd cleanup plan which shall include the following:

1. A description of the premise, including the location, capacity, physical layout, owner's name, and herd number.

2. Vaccination requirements:

* Every animal, unless such animal is within three weeks of anticipated slaughter, must be vaccinated as soon as possible with an approved pseudorabies vaccine.

* New animals introduced to the infected premise are to be vaccinated with an approved pseudorabies vaccine prior to, or immediately after, introduction of the new animal.

* If, through subsequent testing, additional buildings on the site are determined to be infected, all swine on the site shall be revaccinated.

3. Testing requirements.

* A minimum of 14 swine, selected randomly, per building, shall be tested immediately.

* Swine shall be retested, at a minimum of 14 animals, selected randomly, per building, every 45 days until the premise is determined to be noninfected.

4. Description, restrictions, and requirements of pig flow through the facilities.

ARC 9062A

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 256.7(5) and 17A.3 as amended by 1998 Iowa Acts, chapter 1202, the State Board of Education hereby gives Notice of Intended Action to amend Chapter 63, "Educational Programs and Services for Pupils in Juvenile Homes," Iowa Administrative Code.

The proposed amendments incorporate uniform accounting procedures and uniform practices in the administration of instructional programs for juvenile homes. The proposed amendments also expand allowable expenditures and lower pupil-to-staff ratios in certain circumstances. The proposed amendments allow rent to be paid when the space is owned or rented by the juvenile home requesting the instructional program. When more than 25 percent of the students in the instructional program are being served under an individualized education program (IEP) for severe behavioral disorders, the AEA staffing for the juvenile home may be increased by one aide. When more than 50 percent of the students are being served under an individualized education program for severe behavioral disorders, the AEA staffing for the juvenile home may be increased by one teacher. The proposed amendments also address the provision of the instructional service by the AEA for a juvenile home which was not in existence on December 1 of the prior year, and therefore could not have timely requested the services. A home not in existence on December 1 will be permitted to request an instructional program from the AEA if it makes the request at least 90 days prior to children being placed in that home.

Any interested person may submit oral or written comments on or before June 28, 1999, by addressing them to Marcia Sandvold, Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319- 0146, telephone (515)281-4741, fax (515)281-7700, orE-mail marcia.sandvold@ed.state.ia.us. Comments should be restricted to the proposed amendments.

There will be a public hearing held over the ICN on June 24, 1999, from 9 a.m. to 12 noon at which persons may pre-sent their comments orally. Sites will be available in each AEA and in the ICN Room, Second Floor, Grimes State Office Building, Des Moines, Iowa. There will be a second public hearing on June 28, 1999, from 9 to 11 a.m. in the State Board Room, Second Floor, Grimes State Office Building, Des Moines, Iowa, at which persons may present their comments orally and in writing. Any persons who intend to attend a public hearing and have special requirements such as hearing or mobility impairments should contact the Department of Education to advise of the specific needs prior to June 17, 1999.

These amendments are intended to implement Iowa Code sections 282.30 and 282.31.

The following amendments are proposed.

Amend 281--Chapter 63 as follows:

281--63.1(256 282) Scope. These rules apply to the provision of educational programs in juvenile shelter care homes and juvenile detention homes.

281--63.2(256 282) Definitions.

63.2(1) Special programs cited in 1987 1999 Iowa Code Supplement section 282.30 shall be referred to as juvenile shelter care homes and juvenile detention homes, and shall be referred to jointly as juvenile homes.

63.2(2) For purposes of this chapter, "school corporation" shall refer to school districts, area education agencies, and community colleges.

63.2(3) For purposes of this chapter, "aides" shall refer to aides and para-educators as defined in Iowa Code section 272.12.

281--63.3(256 282) Forms. The department of education shall provide forms to area education agencies (AEAs) for use by the juvenile home facilities requesting educational services, for submitting program and budget proposals, and for submitting claims. The annual dates for filing forms with the department of education are January 1 of the prior fiscal year for AEAs to submit proposed programs and budgets, and August 1 of the subsequent fiscal year for AEAs to file claims. The department of education shall review and approve or modify the program and proposed budget and shall notify the AEA by February 1.

The department of education shall also provide forms to AEAs for use by the juvenile homes requesting educational services. These forms must be filed with the AEA annually by December 1 of the fiscal year prior to the school year for which services are being requested. However, if the home was not established and licensed on December 1, the forms must be filed with the AEA at least 90 days prior to children being placed in that home if services are being requested.

281--63.4(282) Budget amendments. An AEA shall amend the budget during the fiscal year in which there is a significant decrease in the student membership (actual is less than budgeted) or actual classrooms implemented are fewer than budgeted that would result in fewer teachers or aides necessary to support the average daily membership. An AEA shall amend the budget if a home which was not established and licensed on December 1 has requested services as provided in 281--63.3(282). An amendment shall also be required if actual expenditures by object or by function vary by $3000 or more from what was budgeted. Failure to amend timely may result in those expenditures not being allowed from juvenile home funding.

281--63.4(256) 281--63.5(282) Area education agency responsibility. An AEA shall provide or make provision for an appropriate educational program for each child living in the following types of facilities located within its boundaries:

1. An approved or licensed shelter care home, as defined in Iowa Code subsection 232.2(34).

2. An approved juvenile detention home, as defined in Iowa Code subsection 232.2(32).

The educational programs are assigned to the AEAs with the program responsibility to be assigned by the AEA administrator within the AEA or with program responsibility to be assigned to another school corporation by a contractual agreement authorized by the AEA board of directors.

The provision of the educational program shall be pursuant to a written agreement which identifies the responsi-bilities of the AEA, juvenile home, and any other agency with which the AEA contracts to provide the educational program.

An AEA shall not provide educational services to a home that has not made a request for educational services to the AEA by December 1 of the school year prior to the beginning of the school year for which the services are being requested. However, if the home was not established and licensed on December 1, the AEA shall not provide educational services to that home if it has not made a request for educational services to the AEA at least 90 days prior to children being placed in that home.

If a home does not request educational services from the AEA by December 1 if established and licensed on December 1, or at least 90 days prior to the placement of children in the home if the home was not established and licensed on December 1, and the home is not an accredited or specially approved nonpublic school, the home assumes the responsibility for ensuring that the students of school age are enrolled in the public school district in which the home is located.

281--63.5(256) 281--63.6(282) Educational program.

63.5(1) 63.6(1) Methods of program provision. The AEA may provide the educational program by one of the following:

a. Enrolling the child in the child's district of residence of the child.

b. Delivering Obtaining the educational program course of study of the child's district of residence of the child for use in the district juvenile home where the child is living.

c. Enrolling the child in the district where the child is living.

d. Enrolling the child in the educational program provided in the juvenile home facility.

e. A delivery method not encompassed by "a" through "d" immediately above preceding, with approval of the department of education.

In accordance with Iowa Code section 273.2, an AEA shall contract, whenever practicable, with other school corporations for the use of personnel, buildings, facilities, supplies, equipment, programs, and services.

63.5(2) 63.6(2) Final determination. In the absence of a decision of a court regarding a child's educational placement, the AEA where the child is living shall make the final determination regarding the provision of the appropriate educational program for the child, in consultation with the district of residence of the child and with the juvenile home. In making this determination, consideration shall be given to:

a. A preference for continuance of the child's educational program that was in place prior to the child's placement in the facility home.

b. Placement into the least restrictive environment.

c. Development of a plan for future educational programming.

d. The provisions of the court order if the child was placed in the facility by a court.

d e. Factors, including but not limited to, the child's emotional or physical state, the child's safety and the safety of others, the child's identified or assessed academic abilities, and the projected duration of stay in the facility home.

63.5(3) 63.6(3) Cooperation with area education agency. The AEA of the child's district of residence, the school district of residence, the school district in which the home is located, other AEAs, the juvenile home and other appropriate agencies involved with the care or placement of the child shall cooperate with the AEA where the child is living in sharing educational information, textbooks, curriculum, assignments, and materials in order to plan and to provide for the appropriate education of the child living in the facility home and to grant academic credit to the child for instructional time earned upon discharge from the home.

281--63.6(256) 281--63.7(282) Special education. The AEA shall establish policies and procedures for screening and evaluating students living in juvenile homes who may require special education.

63.6(1) 63.7(1) Assignment. A diagnostic-educational team shall be assigned by the AEA in which each program is located. This diagnostic-educational team shall include individuals who are appropriately qualified to conduct special education evaluations and to assist in planning programs for students who are handicapped provided a special education program pursuant to an individualized education program (IEP).

63.6(2) 63.7(2) Duties. The duties of this diagnostic-educational team shall include the screening of all students for potential special education needs, identifying children in need of special education, providing needed special education support services and assisting in the implementation of needed special education programs.

63.6(3) 63.7(3) Role of director of special education. It is the responsibility of the AEA director of special education to ensure that all procedures related to due process, protection in evaluation, least restrictive environment, development of individual educational programs and other requirementsspecified in 281--Chapter 41 are adhered to for handicapped students provided a special education program pursuant to an IEP served in juvenile homes. In addition, the director is responsible for coordinating the activities of the special education program with other programs and services provided.

281--63.7(256) 281--63.8(282) Educational services.

63.7(1) 63.8(1) Assignment. Personnel from the educational services division of the local AEA shall be made available to each program.

63.7(2) 63.8(2) Duties. Personnel from the educational services division shall assist with curriculum development as well as provide all other services that are made available to local education agencies within the particular AEA.

281--63.8(256) 281--63.9(282) Media services.

63.8(1) 63.9(1) Assignment. Personnel from the media services division of the local AEA shall be made available to each program.

63.8(2) 63.9(2) Duties. All services that are made available to local education agencies within the particular AEA shall be made available to these programs and students.

281--63.9(256) 281--63.10(282) Other responsibilities. In addition to the above-mentioned responsibilities, AEA personnel shall assist with coordination of program curricula with the curricula of the local district in which the facility home is located and with the transition of students from these programs to subsequent program placement. This shall include the establishment of procedures for ensuring that appropriate credit is available to the students while participating in the program.

281--63.10(256) 281--63.11(282) Curriculum. Each program shall use the minimum curriculum requirements for approved or accredited schools as a guide to developing specific content for each student's educational program. The content of each student's program shall be sufficient to enable the student to earn credit while participating in the program.

281--63.11(256) Facilities, materials and equipment.

63.11(1) Equivalent to school districts. Facilities, supplies, materials and equipment necessary to carry out the educational program shall be at least equivalent to those provided to a comparable number of students by the local school district in which the facility is located. Adequate work space shall be provided for itinerant and permanently assigned staff and shall be regularly available for their use. Secretarial and clerical assistance and telephone service shall also be provided.

281--63.12(282) Disaster procedures.

63.11(2) Plan for emergencies. Each facility home shall maintain a written plan containing emergency and disaster procedures which will be clearly communicated to and periodically reviewed with staff.

281--63.12(256) 281--63.13(282) Maximum class size.

63.12(1) 63.13(1) Maximum class size. The following class size to staff formula ratio shall be used in determining staff-to-pupil ratios:

Average Daily Enrollment Membership	Full-Time Teacher	Educational Aide(s)
10 or less	1	.5 aide with 5 or fewer students 1 aide with more than 5 students 1 aide
11 More than 10 through 20	2	1 aide with fewer than 11 students 1.5 aides with 11 through 14 students more than 10 but less than 15 students 2 aides with 15 through 20 students

When a single class is located in an off-site facility, a full-time educational aide shall be assigned.

63.13(2) If more than 25 percent of the students in the class are being served at level three for behavioral disorders, one additional aide may be added. If more than 50 percent of the students in the class are being served at level three for behavioral disorders, the class size to staff ratio may be five students to one teacher. Support for this staffing ratio must be provided with the juvenile home budget requests and with the juvenile home claims.

63.13(3) Behavioral disorder shall be defined according to special education rules in 281--Chapter 41. A level three behavioral disorder is a behavioral disorder given the highest weighting by the AEA director of special education.

63.13(4) Any variance from the maximum prescribed class size to staff ratio must be approved by the department of education on an annual basis. Support for the request must be provided with the juvenile home budget requests and with the juvenile home claims.

63.13(5) Average daily membership for determining class size in subrules 63.13(1) to 63.13(4) for the juvenile home budget requests shall be based on the actual average daily membership from the year previous to the base year, average daily membership to date in the base year, and factors known at the time of the budget requests which would impact the average daily membership in the budget year.

63.13(6) Class size waiver. If the number of teachers and aides as determined in subrules 63.13(1), 63.13(2), and 63.13(4) were appropriately estimated for the juvenile home budget request and were approved by the department of education, and the actual number of teachers or aides is determined to be excessive based on the actual average daily membership of students on the juvenile home claims, the department of education may waive subrules 63.13(1), 63.13(2), and 63.13(4).

63.13(7) Multiple classrooms. Approval by the department of education is required if the educational program at any one juvenile home is provided in more than one classroom and using multiple classrooms results in a different number of teachers and aides than would have been allowed if the students were in one classroom. Support for the request must be provided with the juvenile home budget requests annually.

63.12(2) 63.13(8) Monitoring class size. The AEA shall develop policies and procedures to monitor and ensure that the educational program is provided sufficient instructional staff.

281--63.13(256) 281--63.14(282) Teacher certification and preparation.

63.13(1) 63.14(1) Certification. By July 1, 1991, each Each teacher who is assigned to these programs shall hold Iowa certification either for multicategorical special education or for behavioral disorders, or both, as appropriate to the grade level of the students served.

63.13(2) 63.14(2) In-service. Each teacher shall be provided appropriate in-service education opportunities annually in behavior management, social skills curriculum and other areas as defined through needs assessments.

281--63.14(256) 281--63.15(282) Aides. Educational aides shall be provided preservice and in-service opportunities consistent with duties to be performed and shall work under the direct supervision of the teacher.

281--63.15(256) 281--63.16(282) Accounting. Revenues, expenditures, and balances of the juvenile home programs shall be accounted for in the manner provided in Uniform Financial Accounting for Area Education Agencies Iowa LEAs and AEAs, except as otherwise noted in these rules.

281--63.16(256) 281--63.17(282) Revenues. Services for juvenile Juvenile home instructional programs shall be accounted for in a special revenue fund. The financial fund balances of the programs shall be maintained in the special revenue fund at year end, and the continuance or disposition of positive or negative fund balances shall be determined by the department of education. Revenues shall include:

1. funding Funding received pursuant to 1987 Iowa Code Supplement section 282.31,

2. Educational excellence funding received pursuant to Iowa Code chapter 294A for teachers in the juvenile home program,

3. Tuition revenue from the district of residence or agency in another state for educational services provided for out-of-state students,

4. Tuition revenue from the district of residence for educational services for students provided a special education program pursuant to an IEP, and

5. other Other miscellaneous funding received or accrued for the purpose of operating the juvenile home instructional programs.

281--63.17(256) 281--63.18(282) Expenditures. Expenditures shall may include actual instructional expenditures, student support services expenditures, and instructional staff support services expenditures, and tuition expenditures. administrative support services, operations and maintenance of plant services, student transportation services, and interfund transfers. Supplies and equipment necessary to provide the educational program shall be equivalent to those provided to a comparable number of students by the district in which the juvenile home is located. Classroom space shall be adequate for the number and needs of children in the juvenile home instructional program.

63.17(1) 63.18(1) Instructional expenditures. Instructional expenditures may include:

a. Salaries and employee benefits of employees providing instructional services. Included are teachers, substitutes, other instructional personnel, and aides performing nonteaching duties.

b. Purchased services, supplies, capital outlay, and other expenses equipment, which are customarily considered instructional expenditures. Examples include, but are not limited to, travel, equipment repair, textbooks, student supplies, and audio-visual equipment.

c. Use Intrafund transfers and internal service charges for instructional services and material provided by other programs of the AEA. Examples include, but are not limited to, printed material and audio-visual equipment.

d. The department of education shall annually determine the maximum amount that may be expended on instructional expenditures. Total expenditures for instructional services per continuing classroom, other than salary and employee benefits, which are not provided pursuant to an IEP shall not exceed 10 percent of the state average expenditure on instructional salaries and employee benefits in the juvenile home program in the year prior to the base year. New classrooms in the first year of operation shall not exceed twice the maximum amount calculated.

63.17(2) 63.18(2) Student and instructional staff support services and student transportation services expenditures. Student and instructional services programs are those comparable to accounting definitions provided to the local school districts for "student services" and for "instructional services." Among the services included in these categories are guidance services, transportation services, and program coordination services. curriculum development, library and instructional technology. "Student services" are defined as those designed to assess and improve the well-being of pupils and to supplement the teaching process. "Instructional services" are defined as those designed to direct, manage, and supervise the improvement of instructional services. Student and instructional services expenditures Expenditures may include salaries, employee benefits, purchased services, supplies, capital outlay, other expenses, use transfers equipment, intrafund transfers and internal service charges associated with services of AEA staff or other school corporation staff assigned directly to the juvenile home educational program. for services and material provided by other programs of the AEA.

63.18(3) Administrative support services, operation and maintenance of plant services, and interfund transfers. Administrative support services, operation and maintenance of plant services and interfund transfer expenditures may include:

a. Use Intrafund transfers and interfund transfers from to the general fund for actual costs of general administration services provided to the juvenile home program. The amount shall be no greater than that determined by using the restricted indirect cost rate calculated in the department of education's "Uniform Financial Accounting for Area Education Agencies." Proposed program and budget forms shall explain in detail the necessity for general administrative costs and the expenses shall be correlated to the amount of the administrator's time assigned and provided to the juvenile home program.

b. Use Intrafund transfers and interfund transfers from to the general fund for actual costs of division administrative services provided to the juvenile home program. Proposed program and budget forms shall explain in detail the necessity for division administrative costs and the expenses shall be correlated to the amount of the administrator's time assigned and provided to the juvenile home program.

c. Expenditures for the administrative services of administrative staff assigned directly to the juvenile home program. Proposed program and budget forms shall explain in detail the necessity for program administrative costs. Added justification is required if both program and division administrators are included.

d. The total of all expenditures for administrative services shall be no greater than the actual cost determined by the AEA's accounting records or 10 percent of the total expenditures in the juvenile home program, whichever is less.

e. Expenditures for operation and maintenance of plant services may include rent of facilities if the educational program is not provided by the district of residence or by the district in which the juvenile home is located. Expenditures may also include equipment repair. Expenditures for operation and maintenance of plant services shall not include any use charges for AEA facilities.

f. The total of all expenditures for administrative services and for operation and maintenance of plant services shall be no greater than the actual cost determined by the AEA's cost accounting system or 15 percent of the total expenditures in the juvenile home program, whichever is less.

63.17(3) 63.18(4) Tuition. expenses. Tuition expenses may include:

a. Tuition expenses for If juvenile home students not requiring special education who attend a local school district, other than the district of residence, tuition shall be calculated in the manner prescribed for determining tuition costs for any nonresident student. In lieu of paying tuition to the local school district for these students, the AEA may request the local school district to account for these students through the foster care facility claim process.

b. Tuition expenses for students requiring provided a special education program pursuant to an IEP , to shall be paid by the district of residence of each child requiring special education in accord accordance with the rules of special education and pursuant to Iowa Code chapter 282 to the district in which the juvenile home is located or to the AEA, whichever is providing the special education. The district in which the juvenile home is located or the AEA, whichever is providing the special education, shall notify the district of residence if the child was being served by the district in which the home is located or by the AEA on the third Friday in September. The district in which the juvenile home is located or the AEA, whichever is providing the special education, shall also notify the district of residence if the child was being served by the district in which the home is located or by the AEA on December 1.

c. Notwithstanding 281--paragraphs 63.18(4)"a" and "b," tuition for students, whether or not they require special education, shall be billed to the district of residence if the district of residence is not located within the borders of the state of Iowa and the student is included in the interstate compact pursuant to Iowa Code chapter 232, division IX.

63.17(4) 63.18(5) Unauthorized expenditures. Expenditures shall not include expenditures for debt services, for community services, for food services, for facilities acquisition and construction services including remodeling and facility repair, or for operation and maintenance of plant services except for rental expenditures for classroom facilities when adequate space is not available at the juvenile home or AEA. central or other support services or other objects as defined in Uniform Financial Accounting for Iowa LEAs and AEAs.

As required by rules 63.6(256), 63.7(282), and 63.8(282), and 63.9(282), juvenile home students shall have available to them special education support services, educational services, and media services comparable to those services made available to other students in the AEA; however, expenditures for these services are inherent costs to the respective AEA programs and are not to be assessed to the juvenile home educational program.

281--63.18(256) 281--63.19(282) Expenditure claims. AEAs shall submit program and budget proposal claim forms and expenditure claim forms consolidating all juvenile home education programs within each AEA. Separate accounting will be required for summer school programs. Certain program information may be required for each separate juvenile home.

The number of classrooms being provided by each AEA will be reported on the budget and expenditure claim forms. The number is to be expressed in terms of full-time equivalency (FTE) classrooms. One FTE represents a full-time teacher providing a program during the normal school year. One-tenth FTE shall be added for each month of summer school taught on a daily full-time basis. A full school year and three months of summer school will be calculated as 1.3 FTE.

Pursuant to Iowa Code section 294.4, each teacher shall keep a daily register which shall include the name, age, attendance, and enrollment status of each student.

The average daily membership of students of school age living in juvenile homes who are being provided an educational program will be reported on the budget and expenditure claim forms. Average daily membership (ADM) shall mean the average obtained by dividing the total of the aggregate days of attendance plus the aggregate days of absence by the total number of student contact days. Student contact days are the days during which the educational program is provided and students are under the guidance and instruction of the instructional professional staff. "Aggregate days" means the sum of the number of days of attendance and days of absence for all pupils who are enrolled during the school year. A student shall be considered enrolled after being placed in a juvenile home and taking part in the educational program. A student is considered to be in membership from the date of enrollment until the date of leaving the juvenile home or receiving a high school diploma or its equivalent, whichever occurs first. ADM shall be calculated on the regular school year exclusive of summer session. School age is defined pursuant to Iowa Code chapter 282.

281--63.20(282) Audits. AEAs must make the records related to providing educational services for juvenile homes available to independent auditors, state auditors and department of education staff on request. The cost of an audit of the juvenile home instructional program may be expended from the juvenile home instructional program budget. This expenditure will be reported as a purchased service under administrative services.

281--63.19(256) 281--63.21(282) Summer school programs. Summer school programs, as distinguished from extended year programming, may be operated pursuant to Iowa Code subsection 282.31(5), and shall be considered as separate programs in each facility home. The fiscal year for a juvenile home program is from July 1 through June 30. Program and budget proposals submitted to the department of education prior to January 1, pursuant to 1987 Iowa Code Supplement section 282.31, may include requests for summer school programs, or portions of summer school programs, commencing July 1 of the subsequent fiscal year and summer school programs, or portions of summer school programs, ending June 30 of the subsequent fiscal year. Proposed budget and program applications shall include detailed information substantiating the valid educational reasons for a summer program. The reasons shall demonstrate that the necessity for a summer program beyond the regular school year is based upon identified student needs.

These rules are intended to implement Iowa Code subsection sections 256.7(5), 282.30, and 282.31.

ARC 9067A

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 234.6, the Department of Human Services proposes to amend Chapter 65, "Administration," appearing in the Iowa Administrative Code.

These amendments make the following changes to the food stamp program:

* Households which are not subject to monthly reporting are required to report when there is a change in the household's total gross earned income of more than $80 per month. Current policy requires these households to report whenever there is a change exceeding $25 per month. This change will lessen the reporting requirement burden for affected households as the amount of a change in earned income will be significantly greater before it must be reported than under current rules.

* Households which have submitted a monthly report are given ten calendar days, rather than five working days, to submit additional information and verification needed to determine eligibility. This will make this time frame requirement consistent with other food stamp program verification time frames.

* Nonexempt individuals who voluntarily quit a job without good cause within 60 days prior to the date the household applies for food stamp benefits shall be disqualified from participating in the food stamp program for 90 days beginning with the date of the quit.

* Provisions are removed which require disqualification of the entire household when the head of the household violates a work requirement rule. Work requirements for nonexempt individuals include registering for work, giving information about availability for work, reporting to an employer when referred, accepting a bona fide offer of a job, keeping a job that involves at least 20 hours a week, not voluntarily reducing hours of employment to less than 30 hours a week, and complying with the Food Stamp Employment and Training Program.

Federal law, prior to the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, required that an entire household be disqualified from receiving food stamp benefits when the head of the household committed a work requirement violation. If the household member who committed the violation was not the head of the household, only that person wasdisqualified while the remaining members of the house-hold continued to be eligible to get food stamp benefits. PRWORA changed the law to allow states the option to continue to disqualify the entire household when the head of household commits a work requirement violation, or to only disqualify the violator. These changes make disqualification penalties equitable for all households.

* Policy regarding selection of the head of the household is removed as there is no longer any reason to designate a head of household as all requirements associated with the head of household are removed.

* Policy is clarified to specify when the 36-month period of food stamp benefits for an able-bodied adult will begin and end. Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, able-bodied adults without dependents are limited to receiving 3 months of food stamp benefits in a 36-month period while not working or attending a training program for at least 80 hours per month.

When Public Law 104-193 was implemented, federal guidance was not available to define how the 36-month period was to be applied to affected individuals. Federal guidance now leaves it up to individual states to decide how the 36-month period is to be applied to individuals.

Under these changes, an individual's 36-month period will start with the first month the individual receives food stamp benefits that count towards the individual's 3-month limit, but no earlier than December 1, 1996, and end 36 months later. Consideration was given to setting a fixed 36-month period for all affected individuals. This method would have started the first fixed 36-month period effective December 1, 1996, and ended it on November 30, 1999. This method was rejected because it did not seem equitable.

* Provision is made for the permanent disqualification from the food stamp program of any individual who trades firearms, ammunition or explosives for food stamp benefits to be in compliance with Public Law 104-193.

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 23, 1999.

These amendments are intended to implement Iowa Code section 234.12.

The following amendments are proposed.

ITEM 1. Amend rule 441--65.10(234) as follows:

441--65.10(234) Reporting changes. Households may report changes on the Change Report Form, FP-2232-0 470-0321 or 470-0322 (Spanish). Households are supplied with this form at the time of initial certification, at the time of recertification whenever the household needs a new form, whenever a form is returned by the household, and upon request by the household.

Households who which are exempt from filing a monthly report because of earnings of $75 or less per month are required to report to an office in the administrative area in which they reside whenever their earnings exceed $75 per month must report a change in total household gross earned income of more than $80 per month. This report is to be made no later than ten days after the last day of the month in which the earned income increased to more than $75.

ITEM 2. Amend subrule 65.19(17) as follows:

65.19(17) Additional information and verification. The household which has submitted a complete monthly report shall submit, or cooperate in obtaining, additional information and verification needed to determine eligibility or benefits within five working ten calendar days of the agency's written request.

ITEM 3. Amend rule 441--65.27(234) as follows:

441--65.27(234) Voluntary quit, reduction in hours of work, and failure to participate in workfare.

65.27(1) Applicant households. A member of an applicant household who without good cause voluntarily quits a job within 60 days prior to the date the household applies for food stamp benefits shall be disqualified from participating in the food stamp program for 90 days beginning with the date of the quit. Reduction in hours of work to less than 30 hours per week does not apply to applicant households.

65.27(2) Participating individuals. Participating individuals are subject to the same disqualification period periods as provided under rule 441--65.28(234) subrule 65.28(12) when the participating individuals voluntarily quit employment without good cause, voluntarily reduce hours of work to less than 30 hours per week, or fail to comply with a food stamp program workfare program, beginning with the month following the adverse notice period.

If the individual is the head of the household, the disqualification period as provided in rule 441--65.128(234) shall apply to the entire household. If the head of household who caused the disqualification leaves the household, the remaining members may reapply to reestablish eligibility.

ITEM 4. Amend rule 441--65.28(234) as follows:

Amend subrules 65.28(12) to 65.28(14) and 65.28(18) as follows:

65.28(12) Failure to comply. This subrule does not apply to persons electing to participate in the employment and training components of educational services and JTPA (see paragraphs 65.28(8)"c" and "d").

a. When a person has refused or failed without good cause to comply with the work registration or employment and training requirements in this rule, that person shall be ineligible to participate in the food stamp program as follows:

(1) First violation: The later of (1) the date the individual complies with the requirement; or (2) two months.

(2) Second violation: The later of (1) the date the individual complies with the requirement; or (2) three months.

(3) Third and subsequent violations: The later of (1) the date the individual complies with the requirement; or (2) six months.

b. If the head of household fails to comply, the entire household is ineligible for the same period of time as applies to the individual who caused the violation. This rule does not apply to persons electing to participate in the employment and training components of educational services and JTPA (65.28(8), paragraphs "c" and "d").

(1) Ineligibility for the household shall continue until the member who caused the violation complies with the requirement as specified in subrule 65.28(14), either leaves the household, or becomes exempt from work registration as provided in subrule 65.28(2) exclusive of paragraphs "c" and "e."

(2) If any household member who failed to comply joins another household as the head of the household, that entire new household is ineligible for the remainder of the disqualification period. If the member who failed to comply joins another household where the member is not the head of the household, the person shall be ineligible for the remainder of the disqualification period. A household determined to be ineligible due to failure to comply may reestablish eligibility if a new and eligible person joins the household as its head of household.

(3) b. The disqualification period shall begin with the first month following the expiration of the adverse notice period, unless a fair hearing is requested.

(4) c. Participants who are on probation in accordance with rules of this chapter and who incur any subsequent offense shall be disqualified. Participants shall be notified of probation status in writing. Probation shall last for the duration of the component. In addition to other work requirements in this chapter, employment and training participants are subject to the following specific requirements:

c. In addition to other work requirements in this chapter, sanctionable issues specific to employment and training components are as follows:

(1) Participants who are absent without good cause shall be placed on probation. A second absence without good cause shall result in disqualification.

(2) Participants who are absent without good cause at the time they are scheduled to present their job search documentation shall be disqualified.

(3) Participants who fail to make the required number of employer contacts without good cause shall be disqualified. Participants who fail to complete the required number of job contacts with good cause shall be excused from completion of the job search requirements for that component.

(4) Participants who exhibit disruptive behavior shall be placed on probation; a second offense shall result in disqualification. Disruptive behavior means the participant hinders the performance of other participants or staff, refuses to follow instructions, or uses abusive language.

(5) Participants will be allowed an additional two weeks to make up employer contacts which have been disallowed by employment services. Qualifying job contacts are defined in subrule paragraph 65.28(8)"e." Failure to make up employer contacts will result in disqualification. Employment services will disallow employer contacts when it has been determined that the participant failed to make a face-to-face contact or the requirements of the job applied for far exceed the applicant's level of experience, education, or abilities.

(6) Participants who make physical threats to other participants or staff shall be disqualified.

65.28(13) Noncompliance with comparable requirements. When the household contains a member who was exempt from work registration because the member was registered for work for job insurance benefits (JIB or UIB) and the member fails Failure to comply with a JIB requirement that is comparable to a food stamp work registration or employment and training requirement, the household shall be treated as though the member failed a failure to comply with the corresponding food stamp requirements requirement. Disqualification procedures in subrule 65.28(12) shall be followed.

65.28(14) Ending disqualification. Following the end of the disqualification periods for noncompliance and as provided in rules 441--65.27(234) and 441--65.28(234), participation may resume. A disqualified household must apply again and be determined eligible.

a. A disqualified individual who voluntarily quit a job within 60 days prior to applying for food stamp benefits may end the disqualification period by:

(1) Serving the 90-day disqualification period, or

(2) Obtaining employment comparable to the job that was quit prior to the end of the 90-day disqualification period, or

(3) Becoming exempt as provided in subrule 65.28(2) exclusive of paragraphs "c" and "e" prior to the end of the 90-day disqualification period.

b. A disqualified individual in who is a member of a currently participating eligible household shall be added to the household effective the month following the end of after the minimum disqualification period. has been served and the person has complied with the failed requirement as follows: Eligibility may be reestablished during a disqualification period. The household shall (if otherwise eligible) be permitted to resume participation by application if a disqualified household, or at the beginning of the next month if a disqualified member in a currently eligible household. In order to reestablish eligibility during a disqualification period, the member who caused the disqualification shall either become exempt from the work requirement as provided in subrule 65.28(2) exclusive of paragraphs "c" and "e," or no longer be a member of the household, or comply as follows:

a. (1) If the member failed or refused to register for work with the department, the member complies by registering.

b. (2) If the member failed or refused to respond to a request from the department or its designee requiring supplemental information regarding employment status or availability for work, the member must comply with the request.

c. (3) If the member failed or refused to report to an employer to whom referred, the member must report to that employer if work is still available or report to another employer to whom referred.

d. (4) If the member failed or refused to accept a bona fide offer of suitable employment to which referred, the member must accept the employment if still available to the participant, or secure other employment which yields earnings per week equivalent to the refused job, or secure any other employment of at least 30 hours per week or secure employment of less than 30 hours per week but with weekly earnings equal to the federal minimum wage multiplied by 30 hours.

e. (5) If the member failed or refused to attend a scheduled employment and training interview, the member must arrange and attend a scheduled interview.

f. (6) If the member failed or refused to participate in instruction, training or testing activities, the member must participate in the activities.

g. (7) If the member failed or refused to complete assigned job search requirements, the member must complete the job search requirements.

h. (8) If the member failed to comply with workfare, the individual must comply with the program requirements.

(9) If the member voluntarily quit a job, the individual must obtain a job comparable to the one quit.

(10) If the member voluntarily reduced hours of employment to less than 30 hours per week, the individual must start working 30 or more hours per week.

c. An individual may reestablish eligibility during a disqualification period by becoming exempt from the work requirement as provided in subrule 65.28(2) exclusive of paragraphs "c" and "e."

65.28(18) Work requirement for able-bodied nonexempt adults without dependents. An individual is exempt from this requirement if the individual is under 18 or over 50 years of age; medically certified as physically or mentally unfit for employment; a parent or other member of a household with responsibility for a dependent child; pregnant; or otherwise exempt from work requirements under the Food Stamp Act.

a. No able-bodied nonexempt individual aged 18 to 50 shall be eligible to participate in the food stamp program if, during the preceding 36-month period but not prior to December 1996, the individual received food stamp benefits for not less than 3 months (consecutive or otherwise) during which the individual did not:

(1) Work 20 hours or more per week (averaged monthly), or

(2) Participate in and comply with the requirements of a program for 20 hours or more per week, as determined by the department, or

(3) Participate in and comply with the requirements of a food stamp workfare program or a comparable program established by the state or political subdivision of the state, or

(4) Receive benefits per paragraph "b c" of this subrule.

b. The 36-month period is a consecutive period of time regardless of whether the individual is subject to paragraph "a" of this subrule for the entire 36-month period once it has begun. The 36-month period starts with the first month counted toward the 3-month limit. Periods during the 36 months in which the individual may receive benefits because of being exempt from the requirement do not reset the 36-month period. December 1, 1996, is the first month for which an individual's 36-month period can begin. When the individual's first 36-month period expires, a new 36-month period begins starting with the first month counted toward the 3-month limit.

b c. An During an individual's 36-month period, after the 3-month limit is used, the individual may regain eligibility if during a 30-day period the individual:

(1) Worked 80 or more hours; or

(2) Participated in a work program for 80 or more hours; or

(3) Participated in a food stamp workfare program or a comparable program established by the state or political subdivision of the state.

c d. An individual who loses employment after regaining eligibility under paragraph "b c" of this subrule, and no longer meets the requirements of paragraph "a," subparagraphs (1), (2), and (3), shall remain eligible for a consecutive three-month period, beginning on the date the individual notifies the department that the individual no longer meets the requirements of paragraph "a" of this subrule.

ITEM 5. Rescind and reserve rule 441--65.40(234).

ITEM 6. Amend rule 441--65.46(234) by adding the following new subrule 65.46(5):

65.46(5) Conviction of trading firearms, ammunition or explosives for coupons. The penalty for any individual convicted of trading firearms, ammunition or explosives for food stamp benefits shall be permanent disqualification.

ITEM 7. Adopt the following new implementation clause following 441--Chapter 65:

These rules are intended to implement Iowa Code section 234.12.

ARC 9055A

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, 232.6, and 249A.4, the Department of Human Services proposes to amend Chapter 78, "Amount, Duration and Scope of Medical and Remedial Services," Chapter 150, "Purchase of Service," Chapter 151, "Court-Ordered Services," Chapter 153, "Social Services Block Grant and Funding for Local Services," Chapter 156, "Payments for Foster Care and Foster Parent Training," Chapter 167, "Juvenile Detention Reimbursement," Chapter 176, "Dependent Adult Abuse," Chapter 179, "Wrap-Around Funding Program," and Chapter 201, "Subsidized Adoptions," appearing in the Iowa Administrative Code.

These amendments update form names and numbers and delete an obsolete policy regarding payment of nonrecurring adoption expenses for adoptions finalized prior to June 14, 1989.

The Department of Revenue and Finance changed the form name and number for reimbursement of services and supports from Form 625-5297, Claim Order/Claim Voucher, to Form 07-350, Purchase Order/Payment Voucher. This form is used for billing for many of the Department's services. In addition, two Department form numbers are updated to the new format.

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 23, 1999.

These amendments are intended to implement Iowa Code section 17A.3(1)"b."

The following amendments are proposed.

ITEM 1. Amend subrule 78.13(10), paragraph "a," as follows:

a. Payment may be made to the agency which provided transportation if the agency is certified by the department of transportation and requests direct payment by submitting Form 625-5297 07-350, Claim Order/Claim Voucher Purchase Order/Payment Voucher, within 90 days after the trip. Reimbursement for transportation shall be based on a fee schedule by mile or by trip.

ITEM 2. Amend subrule 150.5(5) as follows:

150.5(5) Billing procedures. At the end of each month, or as otherwise provided in the contract, the contractor shall prepare a claim on a Claim Order/Claim Voucher form Form 07-350, Purchase Order/Payment Voucher, for expenses for which reimbursement is permitted in the contract. The claim is to be sent to the district regional office of the department that administers the contract for approval and forwarding for payment.

ITEM 3. Amend subrule 151.28(4), paragraph "a," as follows:

a. Claims for services shall be billed using Form 470-1691, Claim for Court-Ordered Care and Treatment, and Form 625-5297 07-350, Claim Order/Claim Voucher Purchase Order/Payment Voucher. Each claim shall include an original and two copies of the signed and completed forms. At a minimum, the voucher shall contain the names of the children to whom service was provided and the number of service units provided per child.

ITEM 4. Amend subrule 151.49(6) as follows:

151.49(6) Billing and payment. Providers of supervised community treatment services shall submit billings on a monthly basis for specific youth receiving services. Bills shall be submitted on Form 625-5297 07-350, Claim Order/Claim Voucher Purchase Order/Payment Voucher, to the chief juvenile court officer of the appropriate judicial district. The chief juvenile court officer, or the officer's designee, shall verify the accuracy of the billings, approve the billings, and submit them on Form 625-5297 07-350 to the court-ordered care and treatment program manager in the division of adult, children and family services to be processed for payment. The department shall process billings, issue payments to providers, and provide monthly accounting to the chief juvenile court officer.

ITEM 5. Amend rule 441--151.70(232) as follows:

441--151.70(232) Billing and payment. Providers of life skill development services and instructional materials shall submit billings on a monthly basis for the specific youth who have been referred by juvenile court officers. Bills shall be submitted on Form 625-5297 07-350, Claim Order/Claim Voucher Purchase Order/Payment Voucher, to the chief juvenile court officer of the appropriate judicial district or designee. The chief juvenile court officer or designee shall verify the accuracy of these billings, approve them and submit them on Form 625-5297 07-350 to the court-ordered care and treatment program manager in the division of adult, children and family services. The department shall process billings, issue payments to providers, and provide monthly accounting to the chief juvenile court officers.

ITEM 6. Amend rule 441--151.86(232) as follows:

441--151.86(232) Billing and payment. Providers of school-based supervision services shall prepare billings on a monthly basis using Form 625-5297 07-350, Claim Order/Claim Voucher Purchase Order/Payment Voucher. Billings shall be submitted by the provider to the chief juvenile court officer of the judicial district or designee who shall verify the billing for accuracy, approve the billing, and submit it to the court-ordered care and treatment program manager in the department's division of adult, children and family services. The department shall process billings according to the rates and shares described in the contract, issue payments to providers, and provide monthly accounting to the chief juvenile court officer.

ITEM 7. Amend subrule 153.57(3), paragraph "a," as follows:

a. Payment for service shall be made in accordance with 441--Chapter 150 and departmental procedures. Form 470-0020, Purchase of Service Provider Invoice, shall be used to bill for services covered by a purchase of service contract or a special mental health-mental retardation county contract agreement for services actually provided to a member from the effective date of state payment program eligibility.

Payment for services which are the responsibility of the Iowa Plan contractor shall be made in accordance with the Iowa Plan's procedures and shall be submitted to the Iowa Plan contractor on Form 470-0020, Purchase of Service Provider Invoice, for payment.

Form 625-5297 07-350, Claim Order/Claim Voucher Purchase Order/Payment Voucher, shall be used for all other services.

ITEM 8. Amend subrules 156.8(3), 156.8(4), and 156.8(5) as follows:

156.8(3) Medical care. When a child in foster care needs medical care or examinations which are not covered by the Medicaid program and no other source of payment is available, the cost may be paid from foster care funds with the approval of the regional administrator or designee. Eligible costs shall include emergency room care, medical treatment by out-of-state providers who refuse to participate in the Iowa Medicaid program, and excessive expenses for nonprescription drugs or supplies. Requests for payment for out-of-state medical treatment and for nonprescription drugs or supplies shall be approved prior to the care being provided or the drugs or supplies purchased. Claims shall be submitted to the department on a claim order/claim voucher Form 07-350, Purchase Order/Payment Voucher, within 90 days after the service is provided. The rate of payment shall be the same as allowed under the Iowa Medicaid program.

156.8(4) Transportation for medical care. When a child in foster family care has expenses for transportation to receive medical care which cannot be covered by the Medicaid program, the expenses may be paid from foster care funds, with the approval of the regional administrator. The claim for all the expenses shall be submitted to the department on a claim order/claim voucher Form 07-350, Purchase Order/Payment Voucher, within 90 days after the trip. This payment shall not duplicate or supplement payment through the Medicaid program. The expenses may include the actual cost of meals, parking, child care, lodging, passenger fare, or mileage at the rate granted state employees.

156.8(5) Funeral expense. When a child under the guardianship of the department dies, the department will pay funeral expenses not covered by the child's resources, insurance or other death benefits, the child's legal parents, or the child's county of legal settlement, not to exceed $650.

The total cost of the funeral and the goods and services included in the total cost shall be the same as defined in rule 441--56.3(239,249).

The claim shall be submitted by the funeral director to the department on a claim order/claim voucher Form 07-350, Purchase Order/Payment Voucher, and shall be approved by the regional administrator. Claims shall be submitted within 90 days after the child's death.

ITEM 9. Amend subrule 167.3(2) as follows:

167.3(2) The home submits a Claim Order/Claim Voucher, Form 625-5297 07-350, Purchase Order/Payment Voucher, within the time frames of 441--167.5(232).

ITEM 10. Amend rule 441--167.5(232) as follows:

441--167.5(232) Submission of voucher. Eligible facilities shall submit a Claim Order/Claim Voucher, Form 625-5297 07-350, Purchase Order/Payment Voucher, for the legislatively authorized percentage of their allowable costs for the year ending June 30 to the Department of Human Services, Division of Fiscal Management, First Floor, Hoover State Office Building, Des Moines, Iowa 50319-0114, by August 10. Only facilities which submit a Claim Order/Claim Voucher, Form 625-5297 07-350, Purchase Order/Payment Voucher, by August 10 shall receive reimbursement.

ITEM 11. Amend subrule 176.16(3) as follows:

176.16(3) Billing procedures. Claims for payment shall be submitted to the division of adult, children and family services on a Claim Order/Claim Voucher, Form 625-5297 07-350, Purchase Order/Payment Voucher, accompanied by a letter from department staff certifying that the necessary conditions for payment have been met.

ITEM 12. Amend subrule 179.9(2) as follows:

179.9(2) Payment through Claim Order/Claim Voucher Purchase Order/Payment Voucher. Concrete support billings received by the department worker may also be paid through the preparation and submission of Form 625-5297 07-350, Claim Order/Claim Voucher Purchase Order/Payment Voucher. The department worker shall verify the delivery of the concrete supports and review the billing rate, prepare Form 625-5297 07-350 attaching documentation required to justify the billing, and submit the claim voucher to the division of adult, children, and family services for processing and payment.

ITEM 13. Amend subrules 179.10(1) and 179.10(2) as follows:

179.10(1) Billing. Providers of wrap-around services shall submit bills to the child's department worker at least monthly. The department worker shall verify the delivery of services and billing rates, prepare Form 625-5297 07-350, Claim Order/Claim Voucher Purchase Order/Payment Voucher, attach any documentation required to justify the billing, and submit the claim voucher to the division of adult, children, and family services for processing and payment.

179.10(2) Payment. Providers of wrap-around services approved for a child and family shall receive payments from the department at the rate approved by the department on the Claim Order/Claim Voucher Purchase Order/Payment Voucher.

ITEM 14. Amend subrule 201.3(2) as follows:

Rescind and reserve paragraph "a."

Amend paragraph "b" as follows:

b. The child from another country who meets the criteria in subrule 201.3(1) and whose adoption is finalized after June 14, 1989, must file an application on Form SS-6102-6 470-0744, Application for Adoption Subsidy, and complete Form SS-6602-6 470-0749, Adoption Subsidy Agreement, prior to or at the time of a final decree of adoption. The claim for reimbursement must be filed on Form IFAS #A-1 07-350, Claim Order/Claim Voucher Purchase Order/Payment Voucher, within two years of the date of the adoption decree and must include receipts.

ARC 9068A

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 249F.7, the Department of Human Services proposes to amend Chapter 89, "Debts Due from Transfers of Assets," appearing in the Iowa Administrative Code.

Iowa Code chapter 249F was enacted in July of 1993 and allows the Department of Human Services to establish a medical assistance debt against a person who receives assets transferred for less than fair market value from a person who files a Medicaid application within 60 months of the transfer. The Department of Inspections and Appeals completes an investigation of these transfers of assets and, if warranted, presents the evidence to the Iowa Attorney General's Office. The Attorney General's Office then files an order against the transferee for repayment and the Department of Inspections and Appeals proceeds with service of notice establishing and demanding payment of the accrued or accruing debt due and owing to the Department of Human Services.

1999 Iowa Acts, Senate File 92, revised chapter 249F to provide that notice to transferees may be mailed by restricted certified mail to the transferee at the transferee's last-known address, rather than being personally served by the sheriff in accordance with the Rules of Civil Procedure. These amendments incorporate the changes established by 1999 Iowa Acts, Senate File 92.

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 23, 1999.

These amendments are intended to implement Iowa Code sections 249F.3 and 249F.4 as amended by 1999 Iowa Acts, Senate File 92.

The following amendments are proposed.

ITEM 1. Amend rule 441--89.5(249F), introductory paragraph, as follows:

441--89.5(249F) Notice of debt. The department may issue a notice establishing and demanding payment of an accrued or accruing debt due and owing to the department as provided in rule 441--89.2(249F). The notice shall be sent by restricted certified mail, as defined in Iowa Code section 618.15, to the transferee at the transferee's last-known address. If service of the notice is unable to be completed by restricted certified mail, the notice shall be served upon the transferee in accordance with the Rules of Civil Procedure. The notice shall include all of the following:

ITEM 2. Amend rule 441--89.7(249F) as follows:

441--89.7(249F) Timely request for a hearing. If a timely written request for a hearing is received by the department, the department shall certify the matter for hearing to the district court where the transferee resides or to the district court where the transferor resides if the transferee is not an Iowa resident. If neither the transferor nor the transferee resides in Iowa, the order may be filed in any county in which the transferor formerly resided.

The certification shall include true copies of the original notice, the return of service, any request for an informal conference, if applicable, any subsequent notices, the written request for hearing, and true copies of any administrative orders previously entered.

ITEM 3. Amend the implementation clause following 441--Chapter 89 to read as follows:

These rules are intended to implement Iowa Code Supplement chapter 249F as amended by 1999 Iowa Acts, Senate File 92.

ARC 9054A

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 234.6, the Department of Human Services proposes to amend Chapter 185, "Rehabilitative Treatment Services," appearing in the Iowa Administrative Code.

These amendments allow all bachelor social workers and master social workers licensed by the Board of Social Work Examiners to provide behavioral health care therapy and skill development services in the rehabilitative treatment services program. The Board of Social Work Examiners has determined that persons with this type of licensure meet minimum requirements equal to or greater than the minimum requirements in Iowa's Medicaid state plan.

This change simplifies the determination of whether a person meets the minimum staff qualification requirements for the provision of behavioral health care therapy and skill development services in the rehabilitative treatment services program. It also allows persons who have been grandfathered by the Board of Social Work Examiners under Iowa Code section 154C.6 as bachelor or master social workers to provide the services.

The Department of Human Services has granted approximately 30 exceptions to policy in the last six months for these grandfathered persons because they meet the minimum state and federal requirements. This change will result in consistency between the minimum state and federal requirements.

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 23, 1999.

These amendments are intended to implement Iowa Code sections 234.6 and 234.38.

The following amendments are proposed.

ITEM 1. Amend subrule 185.10(1), paragraph "a," subparagraph (6), as follows:

(6) Licensed in Iowa as an independent social worker, master social worker, bachelor social worker, psychologist, psychiatric mental health nurse practitioner, marital and family therapist or mental health counselor.

ITEM 2. Amend subrule 185.10(1), paragraph "b," subparagraph (7), as follows:

(7) Licensed in Iowa as an independent social worker, master social worker, bachelor social worker, psychologist, psychiatric mental health nurse practitioner, marital and family therapist or mental health counselor.

ARC 9087A

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 276.6, the Livestock Health Advisory Council gives Notice of Intended Action to rescind Chapter 1, "Recommendations," and adopt a new Chapter 1, "Recommendations," Iowa Administrative Code.

The Livestock Health Advisory Council recommendations contained in the Iowa Administrative Code set forth the recommendations of the Council for expenditure of an annual state appropriation to be used by the Iowa State University College of Veterinary Medicine for research into livestock diseases. At this time, the pertinent legislation contains an appropriation for fiscal year 1999 of $277,573.

Proposals for livestock health projects were solicited by the Council following their meeting of March 25, 1999. Proposals were submitted to the College of Veterinary Medicine at Iowa State University for a peer review based on the following factors: (1) relevance of research project to priority areas established by the Council, (2) research productivity and progress in proposed objectives, (3) proposed research (soundness of experimental design, relevance to proposed objectives), and (4) research potential.

At their March meeting, the Council selected the projects to fund in 1999-2000 based on this peer review, on equitable distribution of funds among the livestock segments, and on maximizing benefits from the dollars available for this fund.

Per past request by the Administrative Rules Review Committee, a contingency fund has been developed for the appropriation.

The Council will meet at 10 a.m. on Tuesday, June 22, 1999, in the Alumni Room, College of Veterinary Medicine, Iowa State University in Ames. This will constitute the public hearing on the proposed recommendation. Persons may present their views at this public hearing either orally or in writing.

Persons who wish to make oral presentations at the public hearing should contact the Chair of the Council, CraigOlson, 7218 27th Street, Newhall, Iowa 52315, telephone (319)223-5329, at least one day prior to the date of the public hearing.

This recommendation is intended to implement Iowa Code section 267.5, subsection 3.

The following recommendation is proposed:

Rescind 521--Chapter 1 and adopt the following new chapter in lieu thereof:

521--1.1(267) Recommendation for fiscal year 1999- 2000. The Livestock Health Advisory Council recommends that this appropriation for fiscal year 1999-2000 be applied in the following manner:

1.	The role of immediate hypersensitivity in Haemophilus somnus-induced bovine respiratory disease	$20,000
2.	Investigation into the prevalence of H3N2 swine influenza virus infections in U.S. swine	$20,000
3.	Specific effect of PrP scrapie on types of brain cells	$15,000
4.	Gene discovery in veterinary mycoplasmal pathogens	$20,000
5.	Antigenic characterization of PRRS virus isolates associated with acute PRRS and vaccination failure	$20,000
6.	Prevention and control of turkey rhinotracheitis (TRT): development of an inactivated vaccine	$18,000
7.	Efficacy of a vaccine in control of Johne's disease in cattle	$17,940
8.	Biosecurity protocol for establishing and maintaining a high health status beef herd in Iowa; Focus on Mycobacterium paratuberculosis (Johne's disease), bovine virus, diarrhea virus and bovine leukosis virus	$15,000
9.	Treatment and prevention of cryptosporidiosis of calves: screening of potential anti-cryptosporidial compounds in mice and calves	$20,000
10.	Development of immunoprophylaxis for the prevention and control of bovine papillomatous digital dermatitis (hairy heel wart)	$19,500
11.	Are granulocyte adapted Salmonella vaccines host species specific?	$15,920
12.	Impact of sulfate, dissolved solids, iron, and other drinking water quality parameters to on-farm performance and health of dairy cattle in Iowa; implications for dairy industry expansion in Iowa	$10,000
13.	Assessing the role of porcine circovirus | postweaning multisystemic wasting syndrome (PMWS) using a case-control study	$18,000
14.	Bacteriological and serological survey of commercial chicken laying hens flocks for Ornithobacterium rhinotracheale	$7,000
15.	Mycoplasma hyopneumoniae: comparison of immunological responses to vaccination and/or challenge in pigs with or without maternal antibodies	$18,000
16.	Transformation of Mycoplasma bovis as an aid in identification of virulence factors	$12,400
	Contingency	$10,813
	Total	$277,573

ARC 9081A

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

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

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 71, "Nursery Stock Sale to the Public," Iowa Administrative Code.

These amendments address recent legislation which provides that funding for five full-time employees for the Forestry Division be funded by a $0.05 charge for each conifer seedling sold from the state forest nursery and a $0.10 charge for each shrub or hardwood seedling sold. In order to meet this charge and raise sufficient additional income to operate the state forest nursery, it is necessary to raise seedling prices.

Any interested person may make written suggestions or comments on the proposed amendments on or before June 24, 1999. Such written materials should be directed to the Forestry Division, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319-0034; fax (515)281-8894. Persons who wish to convey their views orally should contact the Forestry Division at (515)281-8657 or at the Division offices on the fourth floor of the Wallace State Office Building.

There will be a public hearing on June 24, 1999, at 4 p.m. in the Fourth Floor East Conference Room of the Wallace State Office Building at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the 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 also Adopted and Filed Emergency and are published herein as ARC 9082A. The content of that submission is incorporated by reference.

These amendments are intended to implement Iowa Code sections 456A.20 and 461A.2.

ARC 9084A

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

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

Pursuant to the authority of Iowa Code subsection 481B.3, the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 77, "Endangered and Threatened Plant and Animal Species," Iowa Administrative Code.

The proposed change will add the Topeka shiner to the list of endangered animal species. The Topeka shiner, a small fish, has been listed as a federally endangered species. Surveys conducted by Iowa State University during 1997 and 1998 found Topeka shiners at only 10 sites of the 185 sites surveyed. The Topeka shiner was found in only 4 of 12 counties where the species was known to occur previously. This contraction of the shiners' range justifies listing the species as endangered. The addition of the Topeka shiner to the state list affirms the state's commitment to protection of federally endangered and threatened plant and animal species.

Any interested person may make written comments on this proposed amendment on or before June 29, 1999. Such written material should be directed to the Division of Parks, Recreation, and Preserves, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319-0034; fax (515)281-6794. Persons who wish to convey their views orally should contact the Endangered Species Program at (515)281-8524 or at the program offices on the fourth floor of the Wallace State Office Building on or before the above date.

There will be a public hearing on June 29, 1999, at 10 a.m. in the Fourth 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, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment.

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.

This amendment is intended to implement Iowa Code chapter 481B.

The following amendment is proposed.

Amend subrule 77.2(1), list of endangered fish species, as follows:

Lake Sturgeon Acipenser fulvescens

Pallid Sturgeon Scaphirhynchus albus

Pugnose Shiner Notropis anogenus

Weed Shiner Notropis texanus

Topeka Shiner Notropis topeka

Pearl Dace Semotilus margarita

Freckled Madtom Noturus nocturnus

Bluntnose Darter Etheostoma chlorosomum

Least Darter Etheostoma microperca

ARC 9043A

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 147.36 and 147.76, the Board of Pharmacy Examiners hereby gives Notice of Intended Action to amend Chapter 2, "Licensure," Iowa Administrative Code.

The amendments were approved at the April 14, 1999, regular meeting of the Board of Pharmacy Examiners.

The amendments add the requirement for a surcharge to be included with all pharmacist license fees to fund the Impaired Pharmacy Professional and Technician Recovery Program pursuant to Iowa Code section 155A.39 and clarify language regarding requirements for examinations and transfer of examination scores and related fees. The amendments also clarify requirements for licensure of foreign pharmacy graduates.

Any interested person may present written comments, data, views, and arguments on the proposed amendments not later than 4:30 p.m. on June 22, 1999. Such written materials should be sent to Lloyd K. Jessen, Executive Secretary/Director, Board of Pharmacy Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319- 0187.

These amendments are intended to implement Iowa Code sections 147.29, 147.94, 155A.8, 155A.9, and 155A.39.

The following amendments are proposed.

ITEM 1. Amend 657--2.2(147) as follows:

657--2.2(147) Examination fee. The fee for examination shall consist of the biennial license fee established by 657--3.1(147,155A) including surcharge, an administration fee, and an examination registration fee. The administration fee shall be $140 $40, which includes $100 for a biennial license, and, combined with the license fee and surcharge, shall be payable to the Iowa Board of Pharmacy Examiners. No refunds of the $40 administration fee shall be made for cancellations. The examination registration fee shall be an amount determined by the National Association of Boards of Pharmacy (NABP). The examination registration fee shall be payable to NABP in the form of a certified check, bank draft or money order. The biennial license fee including surcharge, the administration fee, and the examination registration fee must accompany the applications.

This rule is intended to implement Iowa Code section 147.94.

ITEM 2. Amend 657--2.9(155A) as follows:

657--2.9(155A) Application for examination--requirements. Application for examination or reexamination shall be on forms provided by the board, and all requested information shall be provided on or with such application. On each application for examination, the The applicant must shall provide the following with the initial application for examination: name; address; telephone number; mother's maiden name; date of birth; social security number; name and location of college of pharmacy and date of graduation; two one current identical photos photograph of a quality at least similar to a passport photograph; and internship experience. In addition each applicant must declare the following: history of prior licensure examinations and record of offenses including but not limited to charges, convictions, and fines which may affect the licensee's ability to practice pharmacy.

ITEM 3. Rescind subrule 2.11(2) and adopt the following new subrule in lieu thereof:

2.11(2) Fees to the Iowa board of pharmacy examiners for licensure pursuant to the NABP score transfer program shall consist of the fees identified in 657--2.2(147) excluding the examination registration fee.

ITEM 4. Amend 657--2.12(155A) as follows:

657--2.12(155A) Foreign pharmacy graduates.

2.12(1) Any applicant who is a graduate of a school or college of pharmacy located outside the United States which has not been recognized and approved by the board, but who is otherwise qualified to apply for a license to practice pharmacy in Iowa shall be deemed to have satisfied the requirements of Iowa Code section 155A.8, subsection 1, by verification to the board of the applicant's academic record and graduation. Each applicant shall have successfully passed the Foreign Pharmacy Graduate Equivalency Examination (FPGEE) given by the Foreign Pharmacy Graduate Examination Commission established by the National Association of Boards of Pharmacy which examination is hereby recognized and approved by the board. Each applicant shall also demonstrate proficiency in English by passing the Test of English as a Foreign Language (TOEFL) and the Test of Spoken English (TSE) given by the educational testing service which examination is examinations are hereby recognized and approved by the board. Both the The FPGEE, TSE, and TOEFL exams are prerequisites to taking the licensure examination required in Iowa Code section 155A.8, subsection 3.

2.12(2) Foreign pharmacy graduate applicants shall also be required to obtain 1500 hours of internship experience in a community or hospital pharmacy licensed by the board as provided in 657--4.7(155A). Internship requirements shall, in all other aspects, meet the requirements established under Chapter 4 of board rules 657--Chapter 4.

This rule is intended to implement Iowa Code sections 155A.8 and 155A.9.

ARC 9044A

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 147.76, 155A.13, and 155A.39, the Board of Pharmacy Examiners hereby gives Notice of Intended Action to amend Chapter 3, "License Fees, Renewal Dates, Fees for Duplicate Licenses and Certification of Examination Scores," Iowa Administrative Code.

The amendments were approved at the April 14, 1999, regular meeting of the Board of Pharmacy Examiners.

The amendments provide that a surcharge be added to all pharmacist license fees to support the Impaired Pharmacy Professional and Technician Recovery Program pursuant to Iowa Code section 155A.39 and modify pharmacy license application requirements to include information regarding pharmacist-interns and pharmacy technicians working at the pharmacy.

Any interested person may present written comments, data, views, and arguments on the proposed amendments not later than 4:30 p.m. on June 22, 1999. Such written materials should be sent to Lloyd K. Jessen, Executive Secretary/Director, Board of Pharmacy Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319- 0187.

These amendments are intended to implement IowaCode sections 147.94, 155A.13, 155A.13A, 155A.14, and 155A.39.

The following amendments are proposed.

ITEM 1. Amend rule 657--3.1(147,155A) as follows:

657--3.1(147,155A) Renewal date and fee--late appli-cation. A license to practice pharmacy shall expire on the second thirtieth day of June following the date of issuance of the license. The license renewal form shall be issued upon payment of a $100 fee plus applicable surcharge pursuant to 657--30.8(155A).

Failure to renew the license before July 1 following expiration shall require a renewal fee of $200 plus applicable surcharge pursuant to 657--30.8(155A). Failure to renew the license before August 1 following expiration shall require a renewal fee of $300 plus applicable surcharge pursuant to 657--30.8(155A). Failure to renew the license before September 1 following expiration shall require a renewal fee of $400 plus applicable surcharge pursuant to 657-- 30.8(155A). Failure to renew the license before October 1 following expiration shall require an appearance before the board and a renewal fee of $500 plus applicable surcharge pursuant to 657--30.8(155A). In no event shall the fee for late renewal of the license exceed $500 plus applicable surcharge pursuant to 657--30.8(155A). The provisions of Iowa Code section 147.11 shall apply to a license which is not renewed within five months of the expiration date.

This rule is intended to implement Iowa Code sections 147.10, 147.80, 147.94, and 155A.11.

ITEM 2. Amend rule 657--3.4(155A), introductory paragraph, as follows:

657--3.4(155A) Pharmacy license--general provisions. General pharmacy licenses, hospital pharmacy licenses, special or limited use pharmacy licenses, and nonresident pharmacy licenses shall be renewed on January 1 of each year. All areas where prescription drugs are dispensed or nonproduct pharmacy services are provided will require a general pharmacy license, a hospital pharmacy license, or a nonresident pharmacy license. Nonresident pharmacy license applicants shall comply with board rules regarding nonresident pharmacy license. Applicants for general or hospital pharmacy license shall comply with board rules regarding general or hospital pharmacy license except where specific exemptions have been granted. Applicants who are granted exemptions shall be issued a "general pharmacy license with exemption," a "hospital pharmacy license with exemption," or a "limited use pharmacy license with exemption" and shall comply with the provisions set forth by that exemption. A written request for exemption from certain licensure requirements, submitted pursuant to the procedures and requirements of 657-- 1.3(17A,124,126,147,155A,205,272C), will be determined on a case-by-case basis. Limited use pharmacy license may be issued for nuclear pharmacy practice, correctional facility pharmacy practice, and veterinary pharmacy practice. Applications for limited use pharmacy license for these and other limited use practice settings shall be determined on a case-by-case basis.

ITEM 3. Amend subrule 3.4(1) as follows:

3.4(1) Application form. Application shall be on forms provided by the board. The application form for a pharmacy license furnished by the board shall indicate whether a pharmacy is a sole proprietorship (100 percent ownership) and give the name and address of the owner; or if a partnership, the names and addresses of all partners; or if a limited partnership, the names and addresses of the partners; or if a corporation, the names and addresses of the officers and directors. In addition, the form shall require the name, signature, and license number of the pharmacist in charge, and the names and license numbers of all pharmacists engaged in practice in the pharmacy, the names and registration numbers of all pharmacy technicians working in the pharmacy, and the average number of hours worked by each pharmacist and pharmacy technician.

ARC 9045A

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 147.76 and 155A.6, the Board of Pharmacy Examiners hereby gives Notice of Intended Action to amend Chapter 4, "Pharmacist-Intern Registration and Minimum Standards for Evaluating Practical Experience," Iowa Administrative Code.

The amendments were approved at the April 14, 1999, regular meeting of the Board of Pharmacy Examiners.

The amendments clarify the definition and requirements for a pharmacist preceptor; provide for determination of a student's eligibility for internship, the term of registration, and for extension of the registration period; provide for nontraditional internship; modify the eligibility requirements for foreign pharmacy graduates; and provide for a surcharge to be added to all intern registration fees to support the Impaired Pharmacy Professional and Technician Recovery Program pursuant to Iowa Code section 155A.39.

Any interested person may present written comments, data, views, and arguments on the proposed amendments not later than 4:30 p.m. on June 22, 1999. Such written materials should be sent to Lloyd K. Jessen, Executive Secretary/Director, Board of Pharmacy Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319- 0187.

These amendments are intended to implement Iowa Code sections 155A.6 and 155A.9.

The following amendments are proposed.

ITEM 1. Amend 657--4.1(155A), definition of "Pharmacist preceptor," as follows:

"Pharmacist preceptor" or "preceptor" means a pharmacist licensed to practice pharmacy in Iowa whose license is current and in good standing. Preceptors shall meet the conditions and requirements of rule 4.9(155A). No pharmacist shall serve as a preceptor if the pharmacist's license to practice pharmacy has been the subject of an order of the licensing board or authority having jurisdiction over the pharmacist's license imposing any penalty set out in 657--Chapter 36 disciplinary sanctions during the time the pharmacist is serving as preceptor or within the three-year period immediately preceding application for approval the time the pharmacist begins serving as a preceptor. Provided, however, a pharmacist who has been the subject of such an order disciplinary order may petition the board in writing for approval to act as preceptor.

ITEM 2. Amend 657--4.6(155A) as follows:

657--4.6(155A) Registration and reporting.

4.6(1) Every person shall register before beginning the person's internship experience, whether or not for the purpose of fulfilling the requirements of rule 4.3(155A). Colleges of pharmacy located in Iowa shall certify to the board the names of students who have successfully completed one semester in the college of pharmacy. Registration shall remain in effect during successive training periods if records, forms, affidavits, and other materials required by the board are maintained and executed promptly at the beginning and ending of such training periods, and if as long as the board is satisfied that the intern is pursuing a degree in pharmacy in good faith and with reasonable diligence. A pharmacist-intern may request the intern's registration be extended beyond the automatic termination of such registration pursuant to the procedures and requirements of 657-- 1.3(17A,124, 126,147,155A,205,272C). Registration shall automatically terminate upon the earliest of any of the following:

a. Licensure to practice pharmacy in any state;

b. Lapse, exceeding one year, in the pursuit of a degree in pharmacy; or

c. One year following graduation from the college of pharmacy.

4.6(2) Credit for internship time will not be granted unless registration and other required records and affidavits are completed.

a. The pharmacist-intern shall be so designated in all relationships with the public and health professionals. The intern shall wear a badge or name tag with the intern's name and designation, pharmacist-intern or pharmacy student, clearly and visibly imprinted thereon.

b. Registered interns shall notify the board office within ten days of a change of name, employment or residence.

c. Notarized affidavits of experience in non-college-sponsored programs, which include certification of competencies, must be filed with the board office within 90 days after the last day of the successful completion of internship period. These affidavits must certify only the number of hours and dates of training which are nonconcurrent with college of pharmacy enrollment.

4.6(3) Credit will not be given for internship experience obtained prior to registration as a pharmacist-intern. Credit for Iowa college-based clinical programs (1000 hours) will not be granted unless registration is completed before the student begins the program.

4.6(4) Credit shall not be given for internship experience obtained at a nontraditional site or program unless the board, prior to the intern's beginning the period of internship, approves the program. Application for approval of a nontraditional internship program shall include competencies, consistent with the goal and objectives of internship in 657--4.2(155A), to be attained during that internship. A preceptor supervising a nontraditional internship program shall be a pharmacist, and the requirements of 657-- 4.9(155A) shall apply to all preceptors.

ITEM 3. Amend 657--4.7(155A) as follows:

657--4.7(155A) Foreign pharmacy graduates. Foreign pharmacy graduates who are candidates for licensure in Iowa will be required to obtain a minimum of 1500 hours of internship in a licensed pharmacy or other board-approved location. These candidates must register with the board as per rule 4.6(155A). Internship credit will not be granted until the candidate has been issued an intern registration card. Applications for registration must be accompanied by documentation that the foreign pharmacy graduate has passed the Foreign Pharmacy Graduate Equivalency Exam (FPGEE), the Test of Spoken English (TSE), and the Test of English as a Foreign Language (TOEFL). The board may waive any or all of the 1500 hours if they determine that the candidate's experience as a practicing pharmacist in the foreign country meets the goals and objectives established in rule 4.2(155A).

ITEM 4. Amend 657--4.8(155A) as follows:

657--4.8(155A) Fees. The fee for registration as an intern a pharmacist-intern is $10, plus applicable surcharge pursuant to 657--30.8(155A), which fee shall be payable with the application.

ITEM 5. Amend 657--4.9(155A) as follows:

657--4.9(155A) Preceptor requirements.

4.9(1) A preceptor shall be a licensed pharmacist in good standing with the board pursuant to the definition of pharmacist preceptor in 657--4.1(155A).

4.9(2) Preceptors are required to be approved by the board. A preceptor shall be responsible for initialing and dating those competencies the intern attained under the supervision of the preceptor and for completing the affidavit certifying the number of hours and the dates of each internship training period under the supervision of the preceptor.

4.9(3) A preceptor may supervise no more than twopharmacist-interns concurrently.

4.9(4) A preceptor shall be responsible for the accuracy of all functions performed by a pharmacist-intern.

ARC 9046A

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 147.53, 147.76, and 155A.39, the Board of Pharmacy Examiners

hereby gives Notice of Intended Action to amend Chapter 5, "Licensure by Reciprocity," Iowa Administrative Code.

The amendments were approved at the April 14, 1999, regular meeting of the Board of Pharmacy Examiners.

The amendments clarify application and credential requirements for pharmacist licensure by reciprocity and provide for a surcharge to be added to the license fee to support the Impaired Pharmacy Professional and Technician Recovery Program pursuant to Iowa Code section 155A.39.

Any interested person may present written comments, data, views, and arguments on the proposed amendments not later than 4:30 p.m. on June 22, 1999. Such written materials should be sent to Lloyd K. Jessen, Executive Secretary/Director, Board of Pharmacy Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319- 0187.

These amendments are intended to implement Iowa Code sections 147.94 and 155A.39.

The following amendments are proposed.

ITEM 1. Amend 657--5.1(147) as follows:

657--5.1(147) Reciprocity fee. The fee for reciprocal licensure is $150 shall consist of the biennial license fee established by 657--3.1(147,155A) including surcharge and an administration fee of $50, which must accompany the application. No refunds of the $50 administration fee shall be made for cancellations. Applicants shall also be required to submit the application registration fee, as determined by NABP, for the Multistate Pharmacy Jurisprudence Examination (MPJE), Iowa Edition. The fee is returned if the application is denied.

ITEM 2. Amend 657--5.2(147) as follows:

657--5.2(147) Necessary credentials. Application shall consist of the final application for license transfer prepared by NABP pursuant to the NABP license transfer program and the application for registration for the MPJE, Iowa Edition. The application Applications, together with other necessary credentials and fees, must shall be filed with the executive secretary of the Iowa Board of Pharmacy Examiners, 1209 East Court Avenue, Executive Hills West, Des Moines, Iowa 50319-0187.

ARC 9047A

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 Pharmacy Examiners hereby gives Notice of Intended Action to amend Chapter 6, "General Pharmacy Licenses," Chapter 7, "Hospital Pharmacy Licenses," Chapter 15, "Correctional Facility Pharmacy Licenses," and Chapter 16, "Nuclear Pharmacy," Iowa Administrative Code.

The amendments were approved at the April 14, 1999, regular meeting of the Board of Pharmacy Examiners.

The amendments direct applicants desiring exemption to provisions of the specific rules to the procedures for filing application for waiver or exemption from Board rules.

Any interested person may present written comments, data, views, and arguments on the proposed amendments not later than 4:30 p.m. on June 22, 1999. Such written materials should be sent to Lloyd K. Jessen, Executive Secretary/Director, Board of Pharmacy Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319- 0187.

These amendments are intended to implement Iowa Code section 17A.3 as amended by 1998 Iowa Acts, chapter 1202.

The following amendments are proposed.

ITEM 1. Amend 657--6.3(155A), introductory paragraph, as follows:

657--6.3(155A) Reference library. References may be printed or computer-accessed. A reference library shall be maintained which includes, as a minimum, one reference from each of the following: categories. A pharmacy may request waiver or variance from a provision of this rule pursuant to the procedures and requirements of 657--1.3(17A, 124,126,147,155A,205,272C).

ITEM 2. Amend 657--6.4(155A) as follows:

657--6.4(155A) Prescription department equipment. The prescription department shall have, as a minimum, the following:

1. Measuring devices such as syringes or graduates capable of measuring 1 ml to 250 ml;

2. Suitable refrigeration unit. The temperature of the refrigerator shall be maintained within a range compatible with the proper storage of drugs requiring refrigeration;

3. Other equipment as necessary for the particular practice of pharmacy.

A pharmacy may request waiver or variance from a provision of this rule pursuant to the procedures and requirements of 657--1.3(17A,124,126,147,155A,205,272C).

ITEM 3. Amend subrule 6.5(3) as follows:

6.5(3) Sink. A 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. A pharmacy may request waiver or variance from a provision of this subrule pursuant to the procedures and requirements of 657--1.3(17A,124,126,147,155A,205,272C).

ITEM 4. Amend 657--7.3(155A), introductory paragraph, as follows:

657--7.3(155A) Reference library. References may be printed or computer-accessed. A reference library shall be maintained which includes, as a minimum, one reference from each of the following: categories. A pharmacy may request waiver or variance from a provision of this rule pursuant to the procedures and requirements of 657--1.3(17A, 124,126,147,155A,205,272C).

ITEM 5. Amend 657--7.4(155A) as follows:

657--7.4(155A) Space and equipment requirements. There shall be adequate space, equipment, and supplies for the professional and administrative functions of the pharmacy.

1. The pharmacy shall be located in an area or areas that facilitate the provision of services to patients and shall be integrated with the facility's communication and transportation systems.

2. Space and equipment in an amount and type to provide secure, environmentally controlled storage of drugs shall be available. Equipment shall include a refrigeration unit. The temperature of the refrigerator shall be maintained within a range compatible with the proper storage of drugs requiring refrigeration.

3. There shall be appropriate space and equipment suitable for the preparation of sterile products and other drug compounding and packaging operations. An appropriate IV preparation hood or room, certified annually pursuant to 657--8.30(126,155A), shall be accessible to personnel preparing IV solutions and other sterile products.

4. The pharmacist in charge shall ensure the availability of any other equipment necessary for the particular practice of pharmacy. A pharmacy may request waiver or variance from a provision of this rule pursuant to the proceduresand requirements of 657--1.3(17A,124,126,147,155A,205, 272C).

ITEM 6. Amend 657--15.2(124,126,155A) as follows:

657--15.2(124,126,155A) Sanitation. Drugs shall be stored in a manner to protect their identity and integrity. A sink with hot and cold running water shall be available within the pharmacy and shall be maintained in a sanitary condition at all times. A pharmacy may request waiver or variance from a provision of this rule pursuant to the procedures and requirements of 657--1.3(17A,124,126,147,155A,205,272C).

ITEM 7. Amend 657--15.3(124,126,155A), introductory paragraph, as follows:

657--15.3(124,126,155A) Reference library. References may be printed or computer-accessed. Each correctional facility pharmacy shall have on site, as a minimum, one reference from each of the following: categories. A pharmacy may request waiver or variance from a provision of this rule pursuant to the procedures and requirements of 657-- 1.3(17A,124,126,147,155A,205,272C).

ITEM 8. Amend 657--15.4(124,126,155A) as follows:

657--15.4(124,126,155A) Prescription department equipment. Each correctional facility pharmacy shall have on site, as a minimum, the following equipment:

1. Refrigeration unit capable of maintaining temperatures within a range compatible with the proper storage of drugs requiring refrigeration;

2. Graduates capable of measuring 1 ml to 250 ml;

3. Other equipment as necessary for the particular practice of pharmacy.

4. Access to a Class A prescription balance sensitive to 10 mg, with weights, shall be available within the network of correctional facility pharmacies where compounding takes place.

A pharmacy may request waiver or variance from a provision of this rule pursuant to the procedures and requirements of 657--1.3(17A,124,126,147,155A,205,272C).

ITEM 9. Amend 657--16.5(155A) as follows:

657--16.5(155A) Library. Each nuclear pharmacy shall have access to the following reference books. All books must be current editions or revisions. A pharmacy may request waiver or variance from a provision of this rule pursuant to the procedures and requirements of 657--1.3(17A,124,126, 147,155A,205,272C).

1. United States Pharmacopoeia/National Formulary, with supplements;

2. State laws and regulations relating to pharmacy;

3. State rules or federal regulations governing the use of applicable radioactive materials.

ITEM 10. Amend 657--16.6(155A) as follows:

657--16.6(155A) Minimum equipment requirements. A pharmacy may request waiver or variance from a provision of this rule pursuant to the procedures and requirements of 657--1.3(17A,124,126,147,155A,205,272C).

1. Laminar flow hood;

2. Dose calibrator;

3. Refrigerator;

4. Single channel scintillation counter;

5. Microscope;

6. Autoclave, or access to one;

7. Incubator;

8. Radiation survey meter;

9. Other equipment necessary for radiopharmaceutical services provided as required by the board of pharmacy examiners.

ARC 9048A

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 124.301, 147.76, and 155A.13, the Board of Pharmacy Examiners hereby gives Notice of Intended Action to amend Chapter 7, "Hospital Pharmacies," Iowa Administrative Code.

The amendment was approved at the April 14, 1999, regular meeting of the Board of Pharmacy Examiners.

The amendment changes the requirement for a prescriber's signed authorization on a patient medication order to permit the institution to set, by policy, a period within which such orders shall be cosigned by the prescriber.

Any interested person may present written comments, data, views, and arguments on the proposed amendment not later than 4:30 p.m. on June 22, 1999. Such written materials should be sent to Lloyd K. Jessen, Executive Secretary/Director, Board of Pharmacy Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319- 0187.

This amendment is intended to implement Iowa Code sections 124.306, 124.308, and 155A.13.

The following amendment is proposed.

Amend subrule 7.13(1), paragraph "e," as follows:

e. Practitioner's signature or that of the practitioner's authorized agent. Any order signed by an authorized agent shall be cosigned by the practitioner within 72 hours per institutional policy.

ARC 9049A

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 124.301 and 147.76, the Board of Pharmacy Examiners hereby gives Notice of Intended Action to amend Chapter 8, "Minimum Standards for the Practice of Pharmacy," Iowa Administrative Code.

The amendments were approved at the April 14, 1999, regular meeting of the Board of Pharmacy Examiners.

The amendments provide for the dispensing of prescription medications in customized patient medication packaging and include requirements for labeling, record keeping, and packaging. The amendments also provide for an emergency drug supplied to be maintained in an inpatient hospice facility and specify security and record-keeping requirements for prescription medications shipped or otherwise delivered to patients in Iowa.

Any interested person may present written comments, data, views, and arguments on the proposed amendments not later than 4:30 p.m. on June 22, 1999. Such written materials should be sent to Lloyd K. Jessen, Executive Secretary/Director, Board of Pharmacy Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319- 0187.

These amendments are intended to implement Iowa Code sections 124.306, 155A.15, and 155A.28.

The following amendments are proposed.

ITEM 1. Adopt new rule 657--8.12(124,155A) as follows:

657--8.12(124,155A) Delivery of drugs and devices. Every pharmacy shipping or otherwise delivering prescription drugs or devices to patients in Iowa shall develop and implement policies and procedures to ensure accountability, safe delivery, and compliance with 657--subrule 6.7(2). Policies and procedures shall provide for the shipment of controlled substances via a secure and traceable method and all records of such shipment and delivery to Iowa patients shall be maintained for a minimum of two years from date of delivery.

ITEM 2. Rescind 657--8.13(126,155A) and adopt the following new rule in lieu thereof:

657--8.13(126,155A) Patient med paks. In lieu of dispensing two or more prescribed drug products in separate containers, a pharmacist may, with the consent of the patient, the patient's caregiver, or the prescriber, provide a customized patient medication package (patient med pak) pursuant to the requirements of this rule.

8.13(1) Definition. A patient med pak is a customized patient medication package prepared for a specific noninstitutionalized patient 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. A patient med pak may also be prepared for a specific institutionalized patient when the prescriber's orders specifically indicate that the resident is capable of self-administering the medication contained therein.

8.13(2) General procedures. The following shall apply when patient med paks are employed:

a. The pharmacist shall be responsible for determining the classification, as directed by USP General Chapter entitled <671> Containers - Permeation, for containers used by the pharmacy to repackage nonsterile drugs into patient med paks.

b. Packaging for all nonsterile solid oral dosage forms stored and dispensed in patient med paks shall:

(1) Preserve and protect the identity and integrity of the drug from the point of packaging to the point of administration, and

(2) Be clean and free of extraneous matter when the drugs are placed into the package.

c. Drugs dispensed to patients in patient med paks may not be returned to the pharmacy stock and reissued except to the same patient as provided in subrule 8.13(4).

d. There is no special exemption for patient med paks from the requirements of the Poison Prevention Packaging Act. Thus, the patient med pak, if it does not meet child-resistant standards, shall be placed in an outer package that does comply, or the necessary consent of the purchaser or physician, to dispense in a container not intended to be child-resistant, shall be obtained.

8.13(3) Re-use of patient med pak containers. Notwithstanding requirements that all prescription medications be dispensed in a new container conforming with standards established in the official compendia, a pharmacist may dispense and refill a prescription for nonliquid oral products in a clean patient med pak provided:

a. A patient med pak is reused only for the same patient;

b. No more than a one-month supply is dispensed at one time; and

c. Each patient med pak bears an auxiliary label which reads, "store in a cool, dry place."

8.13(4) Repackaging of patient med paks. In the event a drug is added to or discontinued from a patient's drug regimen, when a container within the patient med pak has more than one drug within it, the pharmacist may repackage the patient's med pak and either add to or remove from the patient medication packaged as ordered by the prescriber. The same drugs returned by the patient for repackaging must be reused by the pharmacist in the design of the new patient med pak for the new regimen, and any drug removed must either be disposed of in compliance with board rules or returned to the patient properly labeled. Under no circumstances may a drug within a container of a patient med pak be returned to the pharmacy stock.

8.13(5) Labeling requirements.

a. Except as provided in subrule 8.13(6), the patient med pak shall be labeled with the following:

(1) The name of the patient;

(2) The unique identification number for the patient med pak itself and a separate unique identification number for each of the prescription drug orders for each of the drug products contained therein;

(3) The name, strength, physical description or identification, and total quantity of each drug product contained therein;

(4) The directions for use and cautionary statements, if any, contained in the prescription drug order for each drug product contained therein;

(5) Any storage instructions or cautionary statements required by the official compendia;

(6) The name of the prescriber of each drug product;

(7) The date of preparation of the patient med pak and the beyond-use date assigned to the patient med pak;

(8) The name, address, and telephone number of the pharmacy;

(9) The initials of the pharmacist who prepared the patient med pak; and

(10) Any other information, statements, or warnings required for any of the drug products contained therein.

b. The patient med pak shall be accompanied by a patient package insert, in the event that any drug contained therein is required to be dispensed with such insert as accompanying labeling. Alternatively, such required information may be incorporated into a single, overall educational insert provided by the pharmacist for the total patient med pak.

c. If the patient med pak allows for the removal or separation of the intact containers therefrom, each individual container shall bear a label identifying each of the drug products contained therein.

d. 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)".

8.13(6) Alternate labeling. If the patient med pak container is not of sufficient size to accommodate the label information as required in subrule 8.13(5) in a legible font, a patient package insert shall be prepared and delivered with the patient med pak. The patient package insert shall contain all label information required in subrule 8.13(5). In such case, the label affixed to the patient med pak shall minimally include:

(1) The name of the patient;

(2) The unique identification number for the patient med pak;

(3) The beyond-use date assigned to the patient med pak;

(4) A statement directing the patient or patient's caregiver to the patient package insert; and

(5) The name and telephone number of the dispensing pharmacy.

8.13(7) Expiration/beyond-use dating. Beyond-use date or period of time shall be not longer than the shortest recommended beyond-use date for any dosage form included therein or not longer than 60 days from the date of preparation of the patient med pak and shall not exceed the shortest expiration date on the original manufacturer's bulk containers for the dosage forms included therein. Alternatively, the package label shall state the date of the prescriptions or the date of preparation of the patient med pak, provided the package is accompanied by a record indicating the start date and the beyond-use date.

8.13(8) Record keeping.

a. The record of each patient med pak shall contain, as a minimum:

(1) The name and address of the patient;

(2) A unique identification number for each of the prescription drug orders for each of the drug products contained therein;

(3) A unique identification number for the patient med pak;

(4) Information identifying or describing the design, characteristics, or specifications of the patient med pak sufficient to allow subsequent preparation of an identical patient med pak for the patient;

(5) The date of preparation of the patient med pak and the beyond-use date that was assigned;

(6) Any special labeling instructions; and

(7) The name or initials of the pharmacist who prepared the patient med pak.

b. The record of the individual prescription drug orders for each of the drug products packaged in a patient med pak shall include the unique identification number for the patient med pak wherein the prescription drug is dispensed.

ITEM 3. Amend rule 657--8.31(124,155A), introductory paragraph, as follows:

657--8.31(124,155A) Home health agency/hospice emergency drugs. Recognizing the emergency and unanticipated need for certain legend drugs to be available to qualified individuals authorized to administer drugs and employed by a home health agency or hospice, an Iowa-licensed pharmacy may provide certain medications pursuant to this rule. The emergency drug supply may be carried by such qualified individual. An inpatient hospice facility may have an emergency drug supply provided by an Iowa-licensed pharmacy which supply may be maintained within the facility pursuant to 657--8.32(124,155A).

ARC 9050A

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 124.301, 147.76, and 155A.13, the Board of Pharmacy Examiners hereby gives Notice of Intended Action to amend Chapter 11, "Drugs in Emergency Medical Service Programs," Iowa Administrative Code.

The amendment was approved at the April 14, 1999, regular meeting of the Board of Pharmacy Examiners.

The amendment modifies certain definitions to comply with definitions of the same terms in rules of the Department of Public Health, Division of Emergency Medical Services.

Any interested person may present written comments, data, views, and arguments on the proposed amendment not later than 4:30 p.m. on June 22, 1999. Such written materials should be sent to Lloyd K. Jessen, Executive Secretary/Director, Board of Pharmacy Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319- 0187.

This amendment is intended to implement Iowa Code section 155A.13.

The following amendment is proposed.

Amend rule 657--11.1(124,147A,155A), definitions of "Ambulance service," "Medical director," "Physician designee," "Service," and "Supervising physician" as follows:

"Ambulance service" means any privately or publicly owned service program which utilizes ambulances in order to provide patient transportation and emergency medical care at the scene of an emergency or while en route to a hospital or during transfer from one medical care facility to another or to a private home. An ambulance service may use first response or nontransport rescue vehicles to supplement ambulance vehicles.

"Medical director" means any physician licensed under Iowa Code chapter 148, 150, or 150A who shall be responsible for overall medical direction of the service program and who holds a current course completion card in advanced cardiac life support (ACLS) has completed a medical director workshop, sponsored by the department, within one year of assuming duties.

"Physician designee" means any registered nurse licensed under Iowa Code chapter 152, or any physician assistant licensed under Iowa Code chapter 148C and approved by the board of physician assistant examiners, who holds a current course completion card in advanced cardiac life support (ACLS). The physician designee may act as an intermediary for a supervising physician in directing the actions of advanced emergency medical care personnel in accordance with written policies and protocols.

"Service" or "service program" means any 24-hour advanced emergency medical care ambulance service, rescue, or first response service that has received authorization by the department.

"Supervising physician" means any physician licensed under Iowa Code chapter 148, 150, or 150A who holds a current course completion card in advanced cardiac life support (ACLS). The supervising physician is responsible for medical direction of advanced emergency medical care personnel when such personnel are providing advanced emergency medical care.

ARC 9051A

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 124.301, 147.76, and 155A.13, the Board of Pharmacy Examiners hereby gives Notice of Intended Action to amend Chapter 19, "Nonresident Pharmacy Licenses," Iowa Administrative Code.

The amendments were approved at the April 14, 1999, regular meeting of the Board of Pharmacy Examiners.

The amendments define "pharmacy services," a previously undefined term used in the definition of "nonresident pharmacy," and identify events which require a new license application and fee for a nonresident pharmacy license. The amendments also clarify certain requirements for initial and renewal application procedures and information; identify references to be maintained by Iowa-licensed nonresident pharmacies; and refer to requirements for certain patient and drug records, for patient counseling, for drug and device security, storage, and shipment, and for electronic and confidential patient records and data.

Any interested person may present written comments, data, views, and arguments on the proposed amendments not later than 4:30 p.m. on June 22, 1999. Such written materials should be sent to Lloyd K. Jessen, Executive Secretary/Director, Board of Pharmacy Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319- 0187.

These amendments are intended to implement Iowa Code sections 124.306, 155A.13, 155A.13A, 155A.31, and 155A.35.

The following amendments are proposed.

ITEM 1. Amend 657--19.1(155A) by adopting the following new definition in alphabetical order:

"Pharmacy service" includes, but is not limited to, product and nonproduct services such as delivering, dispensing, or distributing prescription drugs or devices, providing patient counseling and drug information, assessing health risks, and participating in pharmaceutical care planning.

ITEM 2. Amend 657--19.2(155A) as follows:

657--19.2(155A) Application and license requirements. A nonresident pharmacy shall apply for and obtain a nonresident pharmacy license from the board prior to delivering, dispensing, or distributing prescription drugs to an ultimate user in this state. Change of pharmacy name, ownership, location, or pharmacist in charge shall require a new completed application and license fee pursuant to 657--subrules 3.4(3) to 3.4(6).

19.2(1) A nonresident pharmacy license shall expire on December 31 of each year. The fee for a new or renewal license shall be $100. A nonresident pharmacy license form shall be issued upon receipt of the license application information required in subrule 19.2(2) and payment of the license fee.

Failure to renew the license before January 1 following expiration shall require a renewal fee of $200. Failure to renew the license before February 1 following expiration shall require a renewal fee of $300. Failure to renew the license before March 1 following expiration shall require a renewal fee of $400. Failure to renew the license before April 1 following expiration shall require an appearance before the board and a renewal fee of $500. In no event shall the fee for late renewal of the license exceed $500.

19.2(2) A nonresident pharmacy shall submit all of the following in order to obtain or renew a nonresident pharmacy license:

a. A completed application form, available from the board, and an application fee of $100 as provided in subrule 19.2(1).

b. Evidence of the possession of a valid license, permit, or registration as a pharmacy in compliance with the laws of the home state. Such evidence shall consist of one of the following:

(1) Copy of the current license, permit, or registration certificate issued by the regulatory or licensing agency of the home state; or

(2) Letter from the regulatory or licensing agency of the home state certifying the pharmacy's compliance with the pharmacy laws of that state.

c. A copy of the most recent inspection report resulting from an inspection conducted by the regulatory or licensing agency of the home state.

d. Evidence of correction of any noncompliance noted on inspection reports of the regulatory or licensing agency of the home state and all other regulatory agencies.

e. A list of the names, titles, and home addresses of all principal owners, partners, or and officers of the nonresident pharmacy.

f. A list of the names and license numbers of all pharmacists and, if available, the names and license or registration numbers of all supportive personnel employed by the nonresident pharmacy who deliver, dispense, or distribute, by any method, prescription drugs to an ultimate user in this state, and the name, license number, and signature of the pharmacist in charge of the nonresident pharmacy.

g. A copy of the nonresident pharmacy's policies and procedures regarding the records of controlled substances delivered, dispensed, or distributed to ultimate users in this state to be maintained and detailing the format and location of those records. If policies and procedures are unchanged since previously submitted to the board, the applicant shall so indicate and need not include a copy with the application for license renewal or change.

h. A copy of the nonresident pharmacy's policies and procedures evidencing that the pharmacy provides, during its regular hours of operation for at least 6 days and for at least 40 hours per week, toll-free telephone service to facilitate communication between ultimate users in this state and a pharmacist who has access to the ultimate user's records in the nonresident pharmacy, and that the toll-free number is printed on the label affixed to each container of prescription drugs delivered, dispensed, or distributed in this state. A copy of a prescription label including the toll-free number shall be included. If policies and procedures are unchanged since previously submitted to the board, the applicant shall so indicate and need not include a copy with the application for license renewal or change.

19.2(3) A nonresident pharmacy shall update lists required by subrule 19.2(2), paragraphs "e" and "f," within 30 days of any addition, deletion, or other change to a list.

ITEM 3. Adopt the following new rules:

657--19.6(155A) Reference library. References may be printed or computer-accessed. A reference library shall be maintained which includes, as a minimum, one reference from each of the following categories. A pharmacy may request waiver or variance from a provision of this rule pursuant to the procedures and requirements of 657--1.3(17A, 124, 126,147,155A,205,272C).

1. Current Iowa pharmacy laws, rules, and regulations.

2. A patient information reference, updated at least annually, such as:

* United States Pharmacopeia Dispensing Information, Volume II (Advice to the Patient);

* Facts and Comparisons Patient Drug Facts; or

* Leaflets which provide patient information in compliance with rule 657--8.20(155A).

3. A current reference on drug interactions, such as:

* Phillip D. Hansten's Drug Interactions; or

* Facts and Comparisons Drug Interactions.

4. A general information reference, updated at least annually, such as:

* Facts and Comparisons with current supplements;

* United States Pharmacopeia Dispensing Information, Volume I (Drug Information for the Healthcare Provider); or

* American Hospital Formulary Service with current supplements.

5. A current drug equivalency reference, including supplements, such as:

* Approved Drug Products With Therapeutic Equivalence Evaluations (FDA Orange Book);

* ABC - Approved Bioequivalency Codes; or

* USP DI, Volume III.

6. Basic antidote information or the telephone number of a poison control center.

7. Additional references as may be necessary for the pharmacist to adequately meet the needs of the patients served.

657--19.7(155A) Confidential and electronic data. The pharmacist in charge shall be responsible for developing, implementing, and enforcing policies and procedures to ensure patient confidentiality and to protect patient identity andpatient-specific information from inappropriate or nonessential access, use, or distribution pursuant to the requirements of 657--Chapter 21.

657--19.8(124,155A) Storage and shipment of drugs and devices. The pharmacist in charge shall be responsible for developing, implementing, and enforcing policies and procedures to ensure compliance with 657--6.7(155A) and USP standards for the storage and shipment of medications and devices. Policies and procedures shall provide for the shipment of controlled substances via a secure and traceable method and all records of such shipment and delivery to Iowa patients shall be maintained for a minimum four years from date of delivery.

657--19.9(155A) Patient records, prospective drug review, and patient counseling.

19.9(1) Patient records. A patient record system shall be maintained pursuant to 657--8.18(155A) for Iowa patients for whom prescription drug orders are dispensed.

19.9(2) Prospective drug review. A pharmacist shall, pursuant to the requirements of 657--8.19(155A), review the patient record and each prescription drug order presented for initial dispensing or refilling.

19.9(3) Patient counseling. The pharmacist in charge shall be responsible for developing, implementing, and enforcing policies and procedures to ensure that Iowa patients receive appropriate counseling pursuant to the requirements of 657--8.20(155A).

ITEM 4. Amend the implementation clause at the end of 657--Chapter 19 as follows:

These rules are intended to implement Iowa Code section sections 124.306, 155A.13, 155A.13A, 155A.31, and 155A.35.

ARC 9052A

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 124.301 and 147.76, the Board of Pharmacy Examiners hereby gives Notice of Intended Action to amend Chapter 21, "Confidential and Electronic Data in Pharmacy Practice," Iowa Administrative Code.

The amendments were approved at the April 14, 1999, regular meeting of the Board of Pharmacy Examiners.

The amendments add provisions for patients to transmit prescriptions to a pharmacy via facsimile or other electronic means provided the original signed prescription is delivered to the pharmacy before the prescription medication is delivered to the patient.

Any interested person may present written comments, data, views, and arguments on the proposed amendments not later than 4:30 p.m. on June 22, 1999. Such written materials should be sent to Lloyd K. Jessen, Executive Secretary/Director, Board of Pharmacy Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319- 0187.

These amendments are intended to implement Iowa Code sections 124.306, 124.308, and 155A.27.

The following amendments are proposed.

ITEM 1. Adopt the following new subrule:

21.3(3) Transmission by patient. A pharmacist may prepare for delivery a prescription transmitted to the pharmacy by the patient provided the original written, signed prescription is presented to the pharmacist for review prior to the actual dispensing of the prescription medication. The original prescription shall be verified against the transmission at the time the medication is actually dispensed, shall be properly annotated, and shall be retained for filing.

ITEM 2. Adopt the following new subrule:

21.5(4) Transmission by patient. A pharmacist may prepare for delivery a prescription transmitted to the pharmacy by the patient provided the original written, signed prescription is presented to the pharmacist for review prior to the actual dispensing of the prescription medication. The original prescription shall be verified against the transmission at the time the medication is actually dispensed, shall be properly annotated, and shall be retained for filing.

ITEM 3. Amend 657--21.6(124,155A) as follows:

657--21.6(124,155A) Prescription drug orders for Schedule II controlled substances. A pharmacist may dispense Schedule II controlled substances pursuant to an electronic transmission to the pharmacy of a written, signed prescription from the prescribing practitioner, the practitioner's agent, or the patient provided the original written, signed prescription is presented to the pharmacist for review prior to the actual dispensing of the controlled substance. The original prescription shall be verified against the transmission at the time the substance is actually dispensed, shall be properly annotated, and shall be retained for filing.

ARC 9053A

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 147.76 and 155A.39, the Board of Pharmacy Examiners hereby gives Notice of Intended Action to amend Chapter 22, "Pharmacy Technicians," Iowa Administrative Code.

The amendment was approved at the April 14, 1999, regular meeting of the Board of Pharmacy Examiners.

The amendment provides that a surcharge be added to all technician registration fees to support the Impaired Pharmacy Professional and Technician Recovery Program pursuant to Iowa Code section 155A.39 and rescinds the subrule regarding technician registration program implementation since it is no longer needed.

Any interested person may present written comments, data, views, and arguments on the proposed amendment not later than 4:30 p.m. on June 22, 1999. Such written materials should be sent to Lloyd K. Jessen, Executive Secretary/Director, Board of Pharmacy Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319- 0187.

This amendment is intended to implement Iowa Code section 155A.39.

The following amendment is proposed.

Amend rule 657--22.7(155A) as follows:

657--22.7(155A) Registration fee.

22.7(1) Initial fee. The fee for obtaining an initial registration shall be $30 plus applicable surcharge pursuant to 657--30.8(155A).

22.7(2) Renewal fee. The renewal fee for obtaining a biennial registration shall be $30 plus applicable surcharge pursuant to 657--30.8(155A).

22.7(3) Timeliness. Fees shall be paid at the time when the new application or the renewal application is submitted for filing.

22.7(4) Form of payment. Fee payment shall be in the form of a personal check, certified or cashier's check, or money order payable to Iowa Board of Pharmacy Examiners.

22.7(5) Initial fees--program implementation. The fee for obtaining an initial registration issued effective January 1, 1998, shall be prorated, based on the $30 biennial registration fee, to provide for implementation of a biennial renewal cycle requiring approximately one-half of the total registrations to annually renew.

ARC 9060A

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

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

Pursuant to the authority of Iowa Code section 256.84(9), the Public Broadcasting Board proposes to adopt Chapter 11, "Agency Procedure for Rule Making"; Chapter 12, "Declaratory Orders"; and Chapter 13, "Contested Cases," Iowa Administrative Code.

The proposed new chapters will comply with amendments to the Iowa Administrative Procedure Act in 1998 Iowa Acts, chapter 1202 [House File 667], which will become effective July 1, 1999.

Interested persons may submit comments orally or in writing to the Executive Director, Iowa Public Television, 6450 Corporate Drive, Johnston, Iowa 50131, telephone (515)242-3100, on or before June 22, 1999.

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

The following new chapters are proposed.

ITEM 1. Adopt the following new 288--Chapter 11:

288--11.1(17A) Applicability. Except to the extent otherwise expressly provided by statute, all rules adopted by the agency are subject to the provisions of Iowa Code chapter 17A, the Iowa administrative procedure Act, and the provisions of this chapter.

288--11.2(17A) Advice on possible rules before notice of proposed rule adoption. In addition to seeking information by other methods, the agency may, before publication of a Notice of Intended Action under Iowa Code section 17A.4(1)"a," solicit comments from the public on a subject matter of possible rule making by the agency by causing notice to be published in the Iowa Administrative Bulletin of the subject matter and indicating where, when, and how persons may comment.

288--11.3(17A) Public rule-making docket.

11.3(1) Docket maintained. The agency shall maintain a current public rule-making docket.

11.3(2) Anticipated rule making. The rule-making docket shall list each anticipated rule-making proceeding. A rule-making proceeding is deemed "anticipated" from the time a draft of proposed rules is distributed for internaldiscussion within the agency. For each anticipated rule-making proceeding the docket shall contain a listing of the precise subject matter which may be submitted for consideration by the board for subsequent proposal under the provisions of Iowa Code section 17A.4(1)"a," the name and address of agency personnel with whom persons may communicate with respect to the matter, and an indication of the present status within the agency of that possible rule. The agency may also include in the docket other subjects upon which public comment is desired.

11.3(3) Pending rule-making proceedings. The rule-making docket shall list each pending rule-making proceeding. A rule-making proceeding is pending from the time it is commenced, by publication in the Iowa Administrative Bulletin of a Notice of Intended Action pursuant to Iowa Code section 17A.4(1)"a," to the time it is terminated, by publication of a Notice of Termination in the Iowa Administrative Bulletin or the rule becoming effective. For each rule-making proceeding, the docket shall indicate:

a. The subject matter of the proposed rule;

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

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

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

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

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

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

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

i. The date of the rule's adoption;

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

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

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

288--11.4(17A) Notice of proposed rule making.

11.4(1) Contents. At least 35 days before the adoption of a rule the agency shall cause Notice of Intended Action to be published in the Iowa Administrative Bulletin. The Notice of Intended Action shall include:

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

b. The specific legal authority for the proposed rule;

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

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

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

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

11.4(2) Incorporation by reference. A proposed rule may incorporate other materials by reference only if it complies with all of the requirements applicable to the incorporation by reference of other materials in an adopted rule that are contained in subrule 11.12(2) of this chapter.

11.4(3) Copies of notices. Persons desiring to receive copies of future Notices of Intended Action by subscription must file with the agency a written request indicating the name and address to which such notices should be sent. Within seven days after submission of a Notice of Intended Action to the administrative rules coordinator for publication in the Iowa Administrative Bulletin, the agency shall mail or electronically transmit a copy of that notice to subscribers who have filed a written request for either mailing or electronic transmittal with the agency for Notices of Intended Action. The written request shall be accompanied by payment of the subscription price which may cover the full cost of the subscription service, including its administrative overhead and the cost of copying and mailing the Notices of Intended Action for a period of one year.

288--11.5(17A) Public participation.

11.5(1) Written comments. For at least 20 days after publication of the Notice of Intended Action, persons may submit argument, data, and views, in writing, on the proposed rule. Such written submissions should identify the proposed rule to which they relate and should be submitted to the Executive Director, Iowa Public Television, 6450 Corporate Drive, Johnston, Iowa 50131, or the person designated in the Notice of Intended Action.

11.5(2) Oral proceedings. The agency may, at any time, schedule an oral proceeding on a proposed rule. The agency shall schedule an oral proceeding on a proposed rule if, within 20 days after the published Notice of Intended Action, a written request for an opportunity to make oral presentations is submitted to the agency by the administrative rules review committee, a governmental subdivision, an agency, an association having not less than 25 members, or at least 25 persons. That request must also contain the following additional information:

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

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

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

11.5(3) Conduct of oral proceedings.

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

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

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

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

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

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

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

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

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

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

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

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

11.5(4) Additional information. In addition to receiving written comments and oral presentations on a proposed rule according to the provisions of this rule, the agency may obtain information concerning a proposed rule through any other lawful means deemed appropriate under the circumstances.

11.5(5) Accessibility. The agency shall schedule oral proceedings in rooms accessible to and functional for persons with physical disabilities. Persons who have special requirements should contact the Executive Director, Iowa Public Television, 6450 Corporate Drive, Johnston, Iowa 50131, or (515)242-3100 in advance to arrange access or other needed services.

288--11.6(17A) Regulatory analysis.

11.6(1) Definition of small business. A "small business" is defined in 1998 Iowa Acts, chapter 1202, section 10(7).

11.6(2) Mailing list. Small businesses or organizations of small businesses may be registered on the agency's small business impact list by making a written application addressed to Iowa Public Television, 6450 Corporate Drive, Johnston, Iowa 50131. The application for registration shall state:

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

b. Its address;

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

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

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

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

11.6(3) Time of mailing. Within seven days after submission of a Notice of Intended Action to the administrative rules coordinator for publication in the Iowa Administrative Bulletin, the agency shall mail to all registered small businesses or organizations of small businesses, in accordance with their request, either a copy of the Notice of Intended Action or notice of the subject of that proposed rule making. In the case of a rule that may have an impact on small business adopted in reliance upon Iowa Code section 17A.4(2), the agency shall mail notice of the adopted rule to registered businesses or organizations prior to the time the adopted rule is published in the Iowa Administrative Bulletin.

11.6(4) Qualified requesters for regulatory analysis--economic impact. The agency shall issue a regulatory analysis of a proposed rule that conforms to the requirements of 1998 Iowa Acts, chapter 1202, section 10(2a), after a proper request from:

a. The administrative rules coordinator;

b. The administrative rules review committee.

11.6(5) Qualified requesters for regulatory analysis--business impact. The agency shall issue a regulatory analysis of a proposed rule that conforms to the requirements of 1998 Iowa Acts, chapter 1202, section 10(2b), after a proper request from:

a. The administrative rules review committee;

b. The administrative rules coordinator;

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

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

11.6(6) Time period for analysis. Upon receipt of a timely request for a regulatory analysis the agency shall adhere to the time lines described in 1998 Iowa Acts, chapter 1202, section 10(4).

11.6(7) Contents of request. A request for a regulatory analysis is made when it is mailed or delivered to the agency. The request shall be in writing and satisfy the requirements of 1998 Iowa Acts, chapter 1202, section 10(1).

11.6(8) Contents of concise summary. The contents of the concise summary shall conform to the requirements of 1998 Iowa Acts, chapter 1202, section 10(4,5).

11.6(9) Publication of a concise summary. The agency shall make available, to the maximum extent feasible, copies of the published summary in conformance with 1998 Iowa Acts, chapter 1202, section 10(5).

11.6(10) Regulatory analysis contents--rules review committee or rules coordinator. When a regulatory analysis is issued in response to a written request from the administrative rules review committee, or the administrative rules coordinator, the regulatory analysis shall conform to the requirements of 1998 Iowa Acts, chapter 1202, section 10(2a), unless a written request expressly waives one or more of the items listed in the section.

11.6(11) Regulatory analysis contents--substantial impact on small business. When a regulatory analysis is issued in response to a written request from the administrative rules review committee, the administrative rules coordinator, at least 25 persons signing that request who each qualify as a small business or by an organization representing at least 25 small businesses, the regulatory analysis shall conform to the requirements of 1998 Iowa Acts, chapter 1202, section 10(2b).

288--11.7(17A,25B) Fiscal impact statement.

11.7(1) A proposed rule that mandates additional combined expenditures exceeding $100,000 by all affected political subdivisions or agencies and entities which contract with political subdivisions to provide services must be accompanied by a fiscal impact statement outlining the costs associated with the rule. A fiscal impact statement must satisfy the requirements of Iowa Code section 25B.6.

11.7(2) If the agency determines at the time it adopts a rule that the fiscal impact statement upon which the rule is based contains errors, the agency shall, at the same time, issue a corrected fiscal impact statement and publish the corrected fiscal impact statement in the Iowa Administrative Bulletin.

288--11.8(17A) Time and manner of rule adoption.

11.8(1) Time of adoption. The agency shall not adopt a rule until the period for making written submissions and oral presentations has expired. Within 180 days after the later of the publication of the Notice of Intended Action, or the end of oral proceedings thereon, the agency shall adopt a rule pursuant to the rule-making proceeding or terminate the proceeding by publication of a notice to that effect in the Iowa Administrative Bulletin.

11.8(2) Consideration of public comment. Before the adoption of a rule, the agency shall consider fully all of the written submissions and oral submissions received in that rule-making proceeding or any memorandum summarizing such oral submissions, and any regulatory analysis or fiscal impact statement issued in that rule-making proceeding.

11.8(3) Reliance on agency expertise. Except as otherwise provided by law, the agency may use its own experience, technical competence, specialized knowledge, and judgment in the adoption of a rule.

288--11.9(17A) Variance between adopted rule and published notice of proposed rule adoption.

11.9(1) The agency shall not adopt a rule that differs from the rule proposed in the Notice of Intended Action on which the rule is based unless:

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

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

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

11.9(2) In determining whether the Notice of Intended Action provided fair warning that the outcome of that rule-making proceeding could be the rule in question, the agency shall consider the following factors:

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

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

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

11.9(3) The agency shall commence a rule-making proceeding within 60 days of its receipt of a petition for rule making seeking the amendment or repeal of a rule that differs from the proposed rule contained in the Notice of Intended Action upon which the rule is based, unless the agency finds that the differences between the adopted rule and the proposed rule are so insubstantial as to make such a rule-making proceeding wholly unnecessary. A copy of any such finding and the petition to which it responds shall be sent to petitioner, the administrative rules coordinator, and the administrative rules review committee, within three days of its issuance.

11.9(4) Concurrent rule-making proceedings. Nothing in this rule disturbs the discretion of the agency to initiate, concurrently, several different rule-making proceedings on the same subject with several different published Notices of Intended Action.

288--11.10(17A) Exemptions from public rule-making procedures.

11.10(1) Omission of notice and comment. To the extent the agency for good cause finds that public notice and participation are unnecessary, impracticable, or contrary to the public interest in the process of adopting a particular rule, the agency may adopt that rule without publishing advance Notice of Intended Action in the Iowa Administrative Bulletin and without providing for written or oral public submissions prior to its adoption. The agency shall incorporate the required finding and a brief statement of its supporting reasons in each rule adopted in reliance upon this subrule.

11.10(2) Public proceedings on rules adopted without them. The agency may, at any time, commence a standard rule-making proceeding for the adoption of a rule that is identical or similar to a rule it adopts in reliance upon subrule 11.10(1). Upon written petition by a governmental subdivision, the administrative rules review committee, an agency, the administrative rules coordinator, an association having not less than 25 members, or at least 25 persons, the agency shall commence a standard rule-making proceeding for any rule specified in the petition that was adopted in reliance upon subrule 11.10(1). Such a petition must be filed within one year of the publication of the specified rule in the Iowa Administrative Bulletin as an adopted rule. The rule-making proceeding on that rule must be commenced within 60 days of the receipt of such a petition. After a standard rule-making proceeding commenced pursuant to this subrule, the agency may either readopt the rule it adopted without benefit of all usual procedures on the basis of subrule 11.10(1), or may take any other lawful action, including the amendment or repeal of the rule in question, with whatever further proceedings are appropriate.

288--11.11(17A) Concise statement of reasons.

11.11(1) General. When requested by a person, either prior to the adoption of a rule or within 30 days after its publication in the Iowa Administrative Bulletin as an adopted rule, the agency shall issue a concise statement of reasons for the rule. Requests for such a statement must be in writing and be delivered to Iowa Public Television, 6450 Corporate Drive, Johnston, Iowa 50131. The request should indicate whether the statement is sought for all or only a specified part of the rule. Requests will be considered made on the date received.

11.11(2) Contents. The concise statement of reasons shall contain:

a. The reasons for adopting the rule;

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

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

11.11(3) Time of issuance. After a proper request, the agency shall issue a concise statement of reasons by the later of the time the rule is adopted or 35 days after receipt of the request.

288--11.12(17A) Contents, style, and form of rule.

11.12(1) Contents. Each rule adopted by the agency shall contain the text of the rule and, in addition:

a. The date the agency adopted the rule;

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

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

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

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

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

g. The effective date of the rule.

11.12(2) Incorporation by reference. The agency may incorporate by reference in a proposed or adopted rule, and without causing publication of the incorporated matter in full, all or any part of a code, standard, rule, or other matter if the agency finds that the incorporation of its text in the agency proposed or adopted rule would be unduly cumbersome, expensive, or otherwise inexpedient. The reference in the agency proposed or adopted rule shall fully and precisely identify the incorporated matter by location, title, citation, date, and edition, if any; shall briefly indicate the precise subject and the general contents of the incorporated matter; and shall state that the proposed or adopted rule does not include any later amendments or editions of the incorporated matter. The agency may incorporate such matter by reference in a proposed or adopted rule only if the agency makes copies of it readily available to the public. The rule shall state how and where copies of the incorporated matter may be obtained at cost from this agency, and how and where copies may be obtained from the agency of the United States, this state, another state, or the organization, association, or persons, originally issuing that matter. The agency shall retain permanently a copy of any materials incorporated by reference in a rule of the agency.

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

11.12(3) References to materials not published in full. When the administrative code editor decides to omit the full text of a proposed or adopted rule because publication of the full text would be unduly cumbersome, expensive, or otherwise inexpedient, the agency shall prepare and submit to the administrative code editor for inclusion in the Iowa Administrative Bulletin and Iowa Administrative Code a summary statement describing the specific subject matter of the omitted material. This summary statement shall include the title and a brief description sufficient to inform the public of the specific nature and subject matter of the proposed or adopted rules, and of significant issues involved in these rules. The summary statement shall also describe how a copy of the full text of the proposed or adopted rule, including any unpublished matter and any matter incorporated by reference, may be obtained from the agency. The agency will provide a copy of that full text (at actual cost) upon request and shall make copies of the full text available for review at the state law library and may make the standards available electronically.

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

11.12(4) Style and form. In preparing its rules, the agency shall follow the uniform numbering system, form, and style prescribed by the administrative rules coordinator.

288--11.13(17A) Agency rule-making record.

11.13(1) Requirement. The agency shall maintain an official rule-making record for each rule it proposes by publication in the Iowa Administrative Bulletin of a Notice of Intended Action, or adopts. The rule-making record and materials incorporated by reference must be available for public inspection.

11.13(2) Contents. The agency rule-making record shall contain:

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

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

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

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

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

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

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

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

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

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

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

11.13(3) Effect of record. Except as otherwise required by a provision of law, the agency rule-making record required by this rule need not constitute the exclusive basis for agency action on that rule.

11.13(4) Maintenance of record. The agency shall maintain the rule-making record for a period of not less than five years from the later of the date the rule to which it pertains became effective, the date of the Notice of Intended Action, or the date of any written criticism as described in 11.13(2)"g," "h," "i," or "j."

288--11.14(17A) Filing of rules. The agency shall file each rule it adopts in the office of the administrative rules coordinator. The filing must be executed as soon after adoption of the rule as is practicable. At the time of filing, each rule must have attached to it any fiscal impact statement and any concise statement of reasons that was issued with respect to that rule. If a fiscal impact statement or statement of reasons for that rule was not issued until a time subsequent to the filing of that rule, the note or statement must be attached to the filed rule within five working days after the note or statement is issued. In filing a rule, the agency shall use the standard form prescribed by the administrative rules coordinator.

288--11.15(17A) Effectiveness of rules prior to publication.

11.15(1) Grounds. The agency may make a rule effective after its filing at any stated time prior to 35 days after its indexing and publication in the Iowa Administrative Bulletin if it finds that a statute so provides, the rule confers a benefit or removes a restriction on some segment of the public, or that the effective date of the rule is necessary to avoid imminent peril to the public health, safety, or welfare. The agency shall incorporate the required finding and a brief statement of its supporting reasons in each rule adopted in reliance upon this subrule.

11.15(2) Special notice. When the agency makes a rule effective prior to its indexing and publication in reliance upon the provisions of Iowa Code section 17A.5(2)"b"(3), the agency shall employ all reasonable efforts to make its contents known to the persons who may be affected by that rule prior to the rule's indexing and publication. The term "all reasonable efforts" requires the agency to employ the most effective and prompt means of notice rationally calculated to inform potentially affected parties of the effectiveness of the rule that is justified and practical under the circumstances considering the various alternatives available for this purpose, the comparative costs to the agency of utilizing each of those alternatives, and the harm suffered by affected persons from any lack of notice concerning the contents of the rule prior to its indexing and publication. The means that may be used for providing notice of such rules prior to their indexing and publication include, but are not limited to, any one or more of the following means: radio, newspaper, television, signs, mail, telephone, personal notice or electronic means.

A rule made effective prior to its indexing and publication in reliance upon the provisions of Iowa Code section 17A.5(2)"b"(3) shall include in that rule a statement describing the reasonable efforts that will be used to comply with the requirements of subrule 11.15(2).

288--11.16(17A) General statements of policy.

11.16(1) Compilation, indexing, public inspection. The agency shall maintain an official, current, and dated compilation that is indexed by subject, containing all of its general statements of policy within the scope of Iowa Code section 17A.2(10)"a," "c," "f," "g," "h," "k." Each addition to, change in, or deletion from the official compilation must also be dated, indexed, and a record thereof kept. Except for those portions containing rules governed by Iowa Code section 17A.2(10)"f," or otherwise authorized by law to be kept confidential, the compilation must be made available for public inspection and copying.

11.16(2) Enforcement of requirements. A general statement of policy subject to the requirements of this subsection shall not be relied on by the agency to the detriment of any person who does not have actual, timely knowledge of the contents of the statement until the requirements of subrule 11.16(1) are satisfied. This provision is inapplicable to the extent necessary to avoid imminent peril to the public health, safety, or welfare.

288--11.17(17A) Review by agency of rules.

11.17(1) Any interested person, association, agency, or political subdivision may submit a written request to the administrative rules coordinator requesting the agency to conduct a formal review of a specified rule. Upon approval of that request by the administrative rules coordinator, the agency shall conduct a formal review of a specified rule to determine whether a new rule should be adopted instead or the rule should be amended or repealed. The agency may refuse to conduct a review if it has conducted such a review of the specified rule within five years prior to the filing of the written request.

11.17(2) In conducting the formal review, the agency shall prepare within a reasonable time a written report summarizing its findings, its supporting reasons, and any proposed course of action. The report must include a concise statement of the agency's findings regarding the rule's effectiveness in achieving its objectives, including a summary of any available supporting data. The report shall also concisely describe significant written criticisms of the rule received during the previous five years, including a summary of any petitions for waiver of the rule received by the agency or granted by the agency. The report shall describe alternative solutions to resolve the criticisms of the rule, the reasons any were rejected, and any changes made in the rule in response to the criticisms as well as the reasons for the changes. A copy of the agency's report shall be sent to the administrative rules review committee and the administrative rules coordinator. The report must also be available for public inspection.

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

ITEM 2. Adopt the following new 288--Chapter 12:

288--12.1(17A) Petition for declaratory order. Any person may file a petition with Iowa public television for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of Iowa Public Television at 6450 Corporate Drive, Johnston, Iowa 50131. A petition is deemed filed when it is received by that office. Iowa public television shall provide the petitioner with a file-stamped copy of the petition if the petitioner provides the agency an extra copy for this purpose. The petition must be typewritten or legibly handwritten in ink and must substantially conform to the following form:

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

The petition must provide the following information:

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

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

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

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

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

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

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

8. Any request by petitioner for a meeting provided for by 12.7(17A).

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

288--12.2(17A) Notice of petition. Within 15 days after receipt of a petition for a declaratory order, Iowa public television shall give notice of the petition to all persons not served by the petitioner pursuant to 12.6(17A) to whom notice is required by any provision of law. Iowa public television may also give notice to any other persons.

288--12.3(17A) Intervention.

12.3(1) Any person who qualifies under any applicable provision of law as an intervenor and who files a petition for intervention within 15 days of the filing of a petition for declaratory order (after time for notice under 12.2(17A) and before 30-day time for agency action under 12.8(17A)) shall be allowed to intervene in a proceeding for a declaratory order.

12.3(2) Any person who files a petition for intervention at any time prior to the issuance of an order may be allowed to intervene in a proceeding for a declaratory order at the discretion of Iowa public television.

12.3(3) A petition for intervention shall be filed at 6450 Corporate Drive, Johnston, Iowa 50131. Such a petition is deemed filed when it is received by that office. Iowa public television 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:

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

The petition for intervention must provide the following information:

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

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

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

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

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

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

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

288--12.4(17A) Briefs. The petitioner or any intervenor may file a brief in support of the position urged. Iowa public television may request a brief from the petitioner, any intervenor, or any other person concerning the questions raised.

288--12.5(17A) Inquiries. Inquiries concerning the status of a declaratory order proceeding may be made to the Executive Director, Iowa Public Television, 6450 Corporate Drive, Johnston, Iowa 50131.

288--12.6(17A) Service and filing of petitions and other papers.

12.6(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.

12.6(2) Filing--when required. All petitions for declaratory orders, petitions for intervention, briefs, or other papers in a proceeding for a declaratory order shall be filed with Iowa Public Television, 6450 Corporate Drive, Johnston, Iowa 50131. All petitions, briefs, or other papers that are required to be served upon a party shall be filed simultaneously with Iowa public television.

12.6(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 uniform rule on contested cases 13.12(17A).

288--12.7(17A) Consideration. Upon request by petitioner, Iowa public television must schedule a brief and informal meeting between the original petitioner, all intervenors, and Iowa public television, a member of Iowa public television, or a member of the staff of Iowa public television, to discuss the questions raised. Iowa public television may solicit comments from any person on the questions raised. Also, comments on the questions raised may be submitted to Iowa public television by any person.

288--12.8(17A) Action on petition.

12.8(1) Within the time allowed by 1998 Iowa Acts, chapter 1202, section 13(5), after receipt of a petition for a declaratory order, the executive director or designee shall take action on the petition as required by 1998 Iowa Acts, chapter 1202, section 13(5).

12.8(2) The date of issuance of an order or of a refusal to issue an order is as defined in contested case uniform rule 288--13.2(17A).

288--12.9(17A) Refusal to issue order.

12.9(1) Iowa public television shall not issue a declaratory order where prohibited by 1998 Iowa Acts, chapter 1202, section 13(1), and may refuse to issue a declaratory order on some or all questions raised for the following reasons:

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

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

3. Iowa public television 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 petitioner.

10. The petitioner requests Iowa public television to determine whether a statute is unconstitutional on its face.

12.9(2) A refusal to issue a declaratory order must indicate the specific grounds for the refusal and constitutes final agency action on the petition.

12.9(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.

288--12.10(17A) Contents of declaratory order--effective date. In addition to the order itself, a declaratory order must contain the date of its issuance, the name of petitioner and all intervenors, the specific statutes, rules, policies, decisions, or orders involved, the particular facts upon which it is based, and the reasons for its conclusion.

A declaratory order is effective on the date of issuance.

288--12.11(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.

288--12.12(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 Iowa public television, 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 ruling serves only as prec-edent and is not binding on Iowa public television. The issuance of a declaratory order constitutes final agency action on the petition.

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

ITEM 3. Adopt the following new 288--Chapter 13:

288--13.1(17A) Scope and applicability. This chapter applies to contested case proceedings conducted by Iowa public television.

288--13.2(17A) Definitions. Except where otherwise specifically defined by law:

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

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

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

"Presiding officer" means the executive director.

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

288--13.3(17A) Time requirements.

13.3(1) Time shall be computed as provided in Iowa Code subsection 4.1(34).

13.3(2) For good cause, the presiding officer may extend or shorten the time to take any action, except as precluded by statute. Except for good cause stated in the record, before extending or shortening the time to take any action, the presiding officer shall afford all parties an opportunity to be heard or to file written arguments.

288--13.4(17A) Requests for contested case proceeding. Any person claiming an entitlement to a contested case proceeding shall file a written request for such a proceeding within the time specified by the particular rules or statutes governing the subject matter or, in the absence of such law, the time specified in the agency action in question.

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

288--13.5(17A) Notice of hearing.

13.5(1) Delivery. Delivery of the notice of hearing constitutes the commencement of the contested case proceeding. Delivery may be executed by:

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

b. Certified mail, return receipt requested; or

c. First-class mail; or

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

13.5(2) Contents. The notice of hearing shall contain the following information:

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

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

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

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

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

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

g. Reference to the procedural rules governing informal settlement;

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

i. Notification of the time period in which a party may request, pursuant to 1998 Iowa Acts, chapter 1202, section 15(1), and rule 13.6(17A), that the presiding officer be an administrative law judge.

288--13.6(17A) Presiding officer.

13.6(1) Any party who wishes to request that the presiding officer assigned to render a proposed decision be an administrative law judge employed by the department of inspections and appeals must file a written request within 20 days after service of a notice of hearing which identifies or describes the presiding officer as the agency head or members of the agency.

13.6(2) The agency or its designee may deny the request only upon a finding that one or more of the following apply:

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

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

c. An administrative law judge is unavailable to hear the case within a reasonable time.

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

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

f. Funds are unavailable to pay the costs of an administrative law judge and an interagency appeal.

g. The request was not timely filed.

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

13.6(3) The agency or its designee shall issue a written ruling specifying the grounds for its decision within 20 days or such other time period the agency designates after a request for an administrative law judge is filed. The parties shall be notified at least 10 days prior to hearing if a qualified administrative law judge will not be available.

13.6(4) Except as provided otherwise by another provision of law, all rulings by an administrative law judge acting as presiding officer are subject to appeal to the agency. A party must seek any available intra-agency appeal in order to exhaust adequate administrative remedies.

13.6(5) Unless otherwise provided by law, agency heads and members of multimembered agency heads, when reviewing a proposed decision upon intra-agency appeal, shall have the powers of and shall comply with the provisions of this chapter which apply to presiding officers.

288--13.7(17A) Waiver of procedures. Unless otherwise precluded by law, the parties in a contested case proceeding may waive any provision of this chapter. However, the agency in its discretion may refuse to give effect to such a waiver when it deems the waiver to be inconsistent with the public interest.

288--13.8(17A) Telephone proceedings. The presiding officer may resolve preliminary procedural motions by telephone conference in which all parties have an opportunity to participate. Other telephone proceedings may be held with the consent of all parties. The presiding officer will determine the location of the parties and witnesses for telephone hearings. The convenience of the witnesses or parties, as well as the nature of the case, will be considered when location is chosen.

288--13.9(17A) Disqualification.

13.9(1) A presiding officer or other person shall withdraw from participation in the making of any proposed or final decision in a contested case if that person:

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

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

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

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

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

f. Has a spouse or relative within the third degree of relationship that: (1) is a party to the case, or an officer, director or trustee of a party; (2) is a lawyer in the case; (3) is known to have an interest that could be substantially affected by the outcome of the case; or (4) is likely to be a material witness in the case; or

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

13.9(2) The term "personally investigated" means taking affirmative steps to interview witnesses directly or to obtain documents or other information directly. The term "personally investigated" does not include general direction and supervision of assigned investigators, unsolicited receipt of information which is relayed to assigned investigators, review of another person's investigative work product in the course of determining whether there is probable cause to initiate a proceeding, or exposure to factual information while performing other agency functions, including fact gathering for purposes other than investigation of the matter which culminates in a contested case. Factual information relevant to the merits of a contested case received by a person who later serves as presiding officer in that case shall be disclosed if required by Iowa Code section 17A.17 as amended by 1998 Iowa Acts, chapter 1202, section 19, and subrules 13.9(3) and 13.23(9).

13.9(3) In a situation where a presiding officer or other person knows of information which might reasonably be deemed to be a basis for disqualification and decides voluntary withdrawal is unnecessary, that person shall submit the relevant information for the record by affidavit and shall provide for the record a statement of the reasons for the determination that withdrawal is unnecessary.

13.9(4) If a party asserts disqualification on any appropriate ground, including those listed in subrule 13.9(1), the party shall file a motion supported by an affidavit pursuant to 1998 Iowa Acts, chapter 1202, section 19(7). The motion must be filed as soon as practicable after the reason alleged in the motion becomes known to the party.

If, during the course of the hearing, a party first becomes aware of evidence of bias or other grounds for disqualification, the party may move for disqualification but must establish the grounds by the introduction of evidence into the record.

If the presiding officer determines that disqualification is appropriate, the presiding officer or other person shall withdraw. If the presiding officer determines that withdrawal is not required, the presiding officer shall enter an order to that effect. A party asserting disqualification may seek an interlocutory appeal under rule 13.25(17A) and seek a stay under rule 13.29(17A).

288--13.10(17A) Consolidation--severance.

13.10(1) Consolidation. The presiding officer may consolidate any or all matters at issue in two or more contested case proceedings where: (a) the matters at issue involve common parties or common questions of fact or law; (b) consolidation would expedite and simplify consideration of the issues involved; and (c) consolidation would not adversely affect the rights of any of the parties to those proceedings.

13.10(2) Severance. The presiding officer may, for good cause shown, order any contested case proceedings or portions thereof severed.

288--13.11(17A) Pleadings.

13.11(1) Pleadings may be required by rule, by the notice of hearing, or by order of the presiding officer.

13.11(2) Petition.

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

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

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

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

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

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

13.11(3) Answer. An answer shall be filed within 20 days of service of the petition unless otherwise ordered. A party may move to dismiss or apply for a more definite and detailed statement when appropriate.

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

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

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

13.11(4) Amendment. Any notice of hearing, petition, or other charging document may be amended before a responsive pleading has been filed. Amendments to pleadings after a responsive pleading has been filed and to an answer may be allowed with the consent of the other parties or in the discretion of the presiding officer who may impose terms or grant a continuance.

288--13.12(17A) Service and filing of pleadings and other papers.

13.12(1) When service required. Except where otherwise provided by law, every pleading, motion, document, or other paper filed in a contested case proceeding and every paper relating to discovery in such a proceeding shall be served upon each of the parties of record to the proceeding, including the person designated as advocate or prosecutor for the state or the agency, simultaneously with their filing. Except for the original notice of hearing and an application for rehearing as provided in Iowa Code section 17A.16(2), the party filing a document is responsible for service on all parties.

13.12(2) Service--how made. Service upon a party represented by an attorney shall be made upon the attorney unless otherwise ordered. Service is made by delivery or by mailing a copy to the person's last-known address. Service by mail is complete upon mailing, except where otherwise specifically provided by statute, rule, or order.

13.12(3) Filing--when required. After the notice of hearing, all pleadings, motions, documents or other papers in a contested case proceeding shall be filed with Iowa public television.

13.12(4) Filing--when made. Except where otherwise provided by law, a document is deemed filed at the time it is delivered to Iowa public television, delivered to an established courier service for immediate delivery to that office, or mailed by first-class mail or state interoffice mail to that office, so long as there is proof of mailing.

13.12(5) Proof of mailing. Proof of mailing includes either: a legible United States Postal Service postmark on the envelope, a certificate of service, a notarized affidavit, or a certification in substantially the following form:

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

(Date) (Signature)

288--13.13(17A) Discovery.

13.13(1) Discovery procedures applicable in civil actions are applicable in contested cases. Unless lengthened or shortened by these rules or by order of the presiding officer, time periods for compliance with discovery shall be as provided in the Iowa Rules of Civil Procedure.

13.13(2) Any motion relating to discovery shall allege that the moving party has previously made a good-faith attempt to resolve the discovery issues involved with the opposing party. Motions in regard to discovery shall be ruled upon by the presiding officer. Opposing parties shall be afforded the opportunity to respond within ten days of the filing of the motion unless the time is shortened as provided in subrule 13.13(1). The presiding officer may rule on the basis of the written motion and any response, or may order argument on the motion.

13.13(3) Evidence obtained in discovery may be used in the contested case proceeding if that evidence would otherwise be admissible in that proceeding.

288--13.14(17A) Subpoenas.

13.14(1) Issuance.

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

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

13.14(2) Motion to quash or modify. The presiding officer may quash or modify a subpoena for any lawful reason upon motion in accordance with the Iowa Rules of Civil Procedure. A motion to quash or modify a subpoena shall be set for argument promptly.

288--13.15(17A) Motions.

13.15(1) No technical form for motions is required. However, prehearing motions must be in writing, state the grounds for relief, and state the relief sought.

13.15(2) Any party may file a written response to a motion within ten days after the motion is served, unless the time period is extended or shortened by rules of the agency or the presiding officer. The presiding officer may consider a failure to respond within the required time period in ruling on a motion.

13.15(3) The presiding officer may schedule oral argument on any motion.

13.15(4) Motions pertaining to the hearing, except motions for summary judgment, must be filed and served at least ten days prior to the date of hearing unless there is good cause for permitting later action or the time for such action is lengthened or shortened by rule of the agency or an order of the presiding officer.

13.15(5) Motions for summary judgment. Motions for summary judgment shall comply with the requirements of Iowa Rule of Civil Procedure 237 and shall be subject to disposition according to the requirements of that rule to the extent such requirements are not inconsistent with the provisions of this rule or any other provision of law governing the procedure in contested cases.

Motions for summary judgment must be filed and served at least 45 days prior to the scheduled hearing date, or other time period determined by the presiding officer. Any party resisting the motion shall file and serve a resistance within 15 days, unless otherwise ordered by the presiding officer, from the date a copy of the motion was served. The time fixed for hearing or nonoral submission shall be not less than 20 days after the filing of the motion, unless a shorter time is ordered by the presiding officer. A summary judgment order rendered on all issues in a contested case is subject to rehearing pursuant to 13.28(17A) and appeal pursuant to 13.27(17A).

288--13.16(17A) Prehearing conference.

13.16(1) Any party may request a prehearing conference. A written request for prehearing conference or an order for prehearing conference on the presiding officer's own motion shall be filed not less than seven days prior to the hearing date. A prehearing conference shall be scheduled not less than three business days prior to the hearing date.

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

13.16(2) Each party shall bring to the prehearing conference:

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

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

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

13.16(3) In addition to the requirements of subrule 13.16(2), the parties at a prehearing conference may:

a. Enter into stipulations of law or fact;

b. Enter into stipulations on the admissibility of exhibits;

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

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

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

13.16(4) Prehearing conferences shall be conducted by telephone unless otherwise ordered. Parties shall exchange and receive witness and exhibit lists in advance of a telephone prehearing conference.

288--13.17(17A) Continuances. Unless otherwise provided, applications for continuances shall be made to the presiding officer.

13.17(1) A written application for a continuance shall:

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

b. State the specific reasons for the request; and

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

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

13.17(2) In determining whether to grant a continuance, the presiding officer may consider:

a. Prior continuances;

b. The interests of all parties;

c. The likelihood of informal settlement;

d. The existence of an emergency;

e. Any objection;

f. Any applicable time requirements;

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

h. The timeliness of the request; and

i. Other relevant factors.

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

288--13.18(17A) Withdrawals. A party requesting a contested case proceeding may withdraw that request prior to the hearing only in accordance with agency rules. Unless otherwise provided, a withdrawal shall be with prejudice.

288--13.19(17A) Intervention.

13.19(1) Motion. A motion for leave to intervene in a contested case proceeding shall state the grounds for the proposed intervention, the position and interest of the proposed intervenor, and the possible impact of intervention on the proceeding. A proposed answer or petition in intervention shall be attached to the motion. Any party may file a response within 14 days of service of the motion to intervene unless the time period is extended or shortened by the presiding officer.

13.19(2) When filed. Motion for leave to intervene shall be filed as early in the proceeding as possible to avoid adverse impact on existing parties or the conduct of the proceeding. Unless otherwise ordered, a motion for leave to intervene shall be filed before the prehearing conference, if any, or at least 20 days before the date scheduled for hearing. Any later motion must contain a statement of good cause for the failure to file in a timely manner. Unless inequitable or unjust, an intervenor shall be bound by any agreement, arrangement, or other matter previously raised in the case. Requests by untimely intervenors for continuances which would delay the proceeding will ordinarily be denied.

13.19(3) Grounds for intervention. The movant shall demonstrate that: (a) intervention would not unduly prolong the proceedings or otherwise prejudice the rights of existing parties; (b) the movant is likely to be aggrieved or adversely affected by a final order in the proceeding; and (c) the interests of the movant are not adequately represented by existing parties.

13.19(4) Effect of intervention. If appropriate, the presiding officer may order consolidation of the petitions and briefs of different parties whose interests are aligned with each other and limit the number of representatives allowed to participate actively in the proceedings. A person granted leave to intervene is a party to the proceeding. The order granting intervention may restrict the issues that may be raised by the intervenor or otherwise condition the intervenor's participation in the proceeding.

288--13.20(17A) Hearing procedures.

13.20(1) The presiding officer presides at the hearing, and may rule on motions, require briefs, issue a proposed decision, and issue such orders and rulings as will ensure the orderly conduct of the proceedings.

13.20(2) All objections shall be timely made and stated on the record.

13.20(3) Parties have the right to participate or to be represented in all hearings or prehearing conferences related to their case. Partnerships, corporations, or associations may be represented by any member, officer, director, or duly authorized agent. Any party may be represented by an attorney or another person authorized by law.

13.20(4) Subject to terms and conditions prescribed by the presiding officer, parties have the right to introduce evidence on issues of material fact, cross-examine witnesses present at the hearing as necessary for a full and true disclosure of the facts, present evidence in rebuttal, and submit briefs and engage in oral argument.

13.20(5) The presiding officer shall maintain the decorum of the hearing and may refuse to admit or may expel anyone whose conduct is disorderly.

13.20(6) Witnesses may be sequestered during the hearing.

13.20(7) The presiding officer shall conduct the hearing in the following manner:

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

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

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

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

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

288--13.21(17A) Evidence.

13.21(1) The presiding officer shall rule on admissibility of evidence and may, where appropriate, take official notice of facts in accordance with all applicable requirements of law.

13.21(2) Stipulation of facts is encouraged. The presiding officer may make a decision based on stipulated facts.

13.21(3) Evidence in the proceeding shall be confined to the issues as to which the parties received notice prior to the hearing unless the parties waive their right to such notice or the presiding officer determines that good cause justifies expansion of the issues. If the presiding officer decides to admit evidence on issues outside the scope of the notice over the objection of a party who did not have actual notice of those issues, that party, upon timely request, shall receive a continuance sufficient to amend pleadings and to prepare on the additional issue.

13.21(4) The party seeking admission of an exhibit must provide opposing parties with an opportunity to examine the exhibit prior to the ruling on its admissibility. Copies of documents should normally be provided to opposing parties.

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

13.21(5) Any party may object to specific evidence or may request limits on the scope of any examination or cross-examination. Such an objection shall be accompanied by a brief statement of the grounds upon which it is based. The objection, the ruling on the objection, and the reasons for the ruling shall be noted in the record. The presiding officer may rule on the objection at the time it is made or may reserve a ruling until the written decision.

13.21(6) Whenever evidence is ruled inadmissible, the party offering that evidence may submit an offer of proof on the record. The party making the offer of proof for excluded oral testimony shall briefly summarize the testimony or, with permission of the presiding officer, present the testimony. If the excluded evidence consists of a document or exhibit, it shall be marked as part of an offer of proof and inserted in the record.

288--13.22(17A) Default.

13.22(1) If a party fails to appear or participate in a contested case proceeding after proper service of notice, the presiding officer may, if no adjournment is granted, enter a default decision or proceed with the hearing and render a decision in the absence of the party.

13.22(2) Where appropriate and not contrary to law, any party may move for default against a party who has requested the contested case proceeding and has failed to file a required pleading or has failed to appear after proper service.

13.22(3) Default decisions or decisions rendered on the merits after a party has failed to appear or participate in a contested case proceeding become final agency action unless, within 15 days or other period of time specified by statute or rule after the date of notification or mailing of the decision, a motion to vacate is filed and served on all parties or an appeal of a decision on the merits is timely initiated within the time provided by rule 13.27(17A). A motion to vacate must state all facts relied upon by the moving party which establish that good cause existed for that party's failure to appear or participate at the contested case proceeding. Each fact so stated must be substantiated by at least one sworn affidavit of a person with personal knowledge of each such fact, which affidavit(s) must be attached to the motion.

13.22(4) The time for further appeal of a decision for which a timely motion to vacate has been filed is stayed pending a decision on the motion to vacate.

13.22(5) Properly substantiated and timely filed motions to vacate shall be granted only for good cause shown. The burden of proof as to good cause is on the moving party. Adverse parties shall have ten days or other time specified by the agency to respond to a motion to vacate. Adverse parties shall be allowed to conduct discovery as to the issue of good cause and to present evidence on the issue prior to a decision on the motion, if a request to do so is included in that party's response.

13.22(6) "Good cause" for purposes of this rule shall have the same meaning as "good cause" for setting aside a default judgment under Iowa Rule of Civil Procedure 236.

13.22(7) A decision denying a motion to vacate is subject to further appeal within the time limit allowed for further appeal of a decision on the merits in the contested case proceeding. A decision granting a motion to vacate is subject to interlocutory appeal by the adverse party pursuant to rule 13.25(17A).

13.22(8) If a motion to vacate is granted and no timely interlocutory appeal has been taken, the presiding officer shall issue another notice of hearing and the contested case shall proceed accordingly.

13.22(9) A default decision may award any relief consistent with the request for relief made in the petition and embraced in its issues but, unless the defaulting party has appeared, it cannot exceed the relief demanded.

13.22(10) A default decision may provide either that the default decision is to be stayed pending a timely motion to vacate or that the default decision is to take effect immediately, subject to a request for stay under rule 13.29(17A).

288--13.23(17A) Ex parte communication.

13.23(1) Prohibited communications. Unless required for the disposition of ex parte matters specifically authorized by statute, following issuance of the notice of hearing, there shall be no communication, directly or indirectly, between the presiding officer and any party or representative of any party or any other person with a direct or indirect interest in such case in connection with any issue of fact or law in the case except upon notice and opportunity for all parties to participate. This does not prohibit persons jointly assigned such tasks from communicating with each other. Nothing in this provision is intended to preclude the presiding officer from communicating with members of the agency or seeking the advice or help of persons other than those with a personal interest in, or those engaged in personally investigating as defined in subrule 13.9(2), prosecuting, or advocating in, either the case under consideration or a pending factually related case involving the same parties as long as those persons do not directly or indirectly communicate to the presiding officer any ex parte communications they have received of a type that the presiding officer would be prohibited from receiving or that furnish, augment, diminish, or modify the evidence in the record.

13.23(2) Prohibitions on ex parte communications commence with the issuance of the notice of hearing in a contested case and continue for as long as the case is pending.

13.23(3) Written, oral or other forms of communication are "ex parte" if made without notice and opportunity for all parties to participate.

13.23(4) To avoid prohibited ex parte communications, notice must be given in a manner reasonably calculated to give all parties a fair opportunity to participate. Notice of written communications shall be provided in compliance with rule 13.12(17A) and may be supplemented by telephone, facsimile, electronic mail or other means of notification. Where permitted, oral communications may be initiated through conference telephone call including all parties or their representatives.

13.23(5) Persons who jointly act as presiding officer in a pending contested case may communicate with each other without notice or opportunity for parties to participate.

13.23(6) The executive director or other persons may be present in deliberations or otherwise advise the presiding officer without notice or opportunity for parties to participate as long as they are not disqualified from participating in the making of a proposed or final decision under any provision of law and they comply with subrule 13.23(1).

13.23(7) Communications with the presiding officer involving uncontested scheduling or procedural matters do not require notice or opportunity for parties to participate. Parties should notify other parties prior to initiating such contact with the presiding officer when feasible, and shall notify other parties when seeking to continue hearings or other deadlines pursuant to rule 13.17(17A).

13.23(8) Disclosure of prohibited communications. A presiding officer who receives a prohibited ex parte communication during the pendency of a contested case must initially determine if the effect of the communication is so prejudicial that the presiding officer should be disqualified. If the presiding officer determines that disqualification is warranted, a copy of any prohibited written communication, all written responses to the communication, a written summary stating the substance of any prohibited oral or other communication not available in written form for disclosure, all responses made, and the identity of each person from whom the presiding officer received a prohibited ex parte communication shall be submitted for inclusion in the record under seal by protective order or disclosed. If the presiding officer determines that disqualification is not warranted, such documents shall be submitted for inclusion in the record and served on all parties. Any party desiring to rebut the prohibited communication must be allowed the opportunity to do so upon written request filed within ten days after notice of the communication.

13.23(9) Promptly after being assigned to serve as presiding officer at any stage in a contested case proceeding, a presiding officer shall disclose to all parties material factual information received through ex parte communication prior to such assignment unless the factual information has already been or shortly will be disclosed pursuant to Iowa Code section 17A.13(2) or through discovery. Factual information contained in an investigative report or similar document need not be separately disclosed by the presiding officer as long as such documents have been or will shortly be provided to the parties.

13.23(10) The presiding officer may render a proposed or final decision imposing appropriate sanctions for violations of this rule including default, a decision against the offending party, censure, or suspension or revocation of the privilege to practice before the agency. Violation of ex parte communication prohibitions by agency personnel shall be reported to the executive director for possible sanctions including censure, suspension, dismissal, or other disciplinary action.

288--13.24(17A) Recording costs. Upon request, Iowa public television shall provide a copy of the whole or any portion of the record at cost. The cost of preparing a copy of the record or of transcribing the hearing record shall be paid by the requesting party.

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

288--13.25(17A) Interlocutory appeals. Upon written request of a party or on its own motion, the board may review an interlocutory order of the executive director. In determining whether to do so, the board shall weigh the extent to which its granting the interlocutory appeal would expedite final resolution of the case and the extent to which review of that interlocutory order by the agency at the time it reviews the proposed decision of the presiding officer would provide an adequate remedy. Any request for interlocutory review must be filed within 14 days of issuance of the challenged order, but no later than the time for compliance with the order or the date of hearing, whichever is first.

288--13.26(17A) Final decision.

13.26(1) When Iowa public television presides over the reception of evidence at the hearing, its decision is a final decision.

13.26(2) When Iowa public television does not preside at the reception of evidence, the presiding officer shall make a proposed decision. The proposed decision becomes the final decision of the agency without further proceedings unless there is an appeal to, or review on motion of, Iowa public television within the time provided in rule 13.27(17A).

288--13.27(17A) Appeals and review.

13.27(1) Appeal by party. Any adversely affected party may appeal a proposed decision to the board within 30 days after issuance of the proposed decision.

13.27(2) Review. The board may initiate review of a proposed decision on its own motion at any time within 30 days following the issuance of such a decision.

13.27(3) Notice of appeal. An appeal of a proposed decision is initiated by filing a timely notice of appeal with Iowa public television. The notice of appeal must be signed by the appealing party or a representative of that party and contain a certificate of service. The notice shall specify:

a. The parties initiating the appeal;

b. The proposed decision or order appealed from;

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

d. The relief sought;

e. The grounds for relief.

13.27(4) Requests to present additional evidence. A party may request the taking of additional evidence only by establishing that the evidence is material, that good cause existed for the failure to present the evidence at the hearing, and that the party has not waived the right to present the evidence. A written request to present additional evidence must be filed with the notice of appeal or, by a nonappealing party, within 14 days of service of the notice of appeal. The board may remand a case to the presiding officer for further hearing or may itself preside at the taking of additional evidence.

13.27(5) Scheduling. Iowa public television shall issue a schedule for consideration of the appeal.

13.27(6) Briefs and arguments. Unless otherwise ordered, within 20 days of the notice of appeal or order for review, each appealing party may file exceptions and briefs. Within 20 days thereafter, any party may file a responsive brief. Briefs shall cite any applicable legal authority and specify relevant portions of the record in that proceeding. Written requests to present oral argument shall be filed with the briefs.

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

288--13.28(17A) Applications for rehearing.

13.28(1) By whom filed. Any party to a contested case proceeding may file an application for rehearing from a final order.

13.28(2) Content of application. The application for rehearing shall state on whose behalf it is filed, the specific grounds for rehearing, and the relief sought. In addition, the application shall state whether the applicant desires reconsideration of all or part of the agency decision on the existing record and whether, on the basis of the grounds enumerated in subrule 13.27(4), the applicant requests an opportunity to submit additional evidence.

13.28(3) Time of filing. The application shall be filed with Iowa public television within 20 days after issuance of the final decision.

13.28(4) Notice to other parties. A copy of the application shall be timely mailed by the applicant to all parties of record not joining therein. If the application does not contain a certificate of service, Iowa public television shall serve copies on all parties.

13.28(5) Disposition. Any application for a rehearing shall be deemed denied unless the agency grants the application within 20 days after its filing.

288--13.29(17A) Stays of agency actions.

13.29(1) When available.

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

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

13.29(2) When granted. In determining whether to grant a stay, the presiding officer or board shall consider the factors listed in 1998 Iowa Acts, chapter 1202, section 23(5c).

13.29(3) Vacation. A stay may be vacated by the issuing authority upon application of Iowa public television or any other party.

288--13.30(17A) No factual dispute contested cases. If the parties agree that no dispute of material fact exists as to a matter that would be a contested case if such a dispute of fact existed, the parties may present all relevant admissible evidence either by stipulation or otherwise as agreed by the parties, without necessity for the production of evidence at an evidentiary hearing. If such agreement is reached, a jointly submitted schedule detailing the method and timetable for submission of the record, briefs and oral argument should be submitted to the presiding officer for approval as soon as practicable. If the parties cannot agree, any party may file and serve a motion for summary judgment pursuant to the rules governing such motions.

288--13.31(17A) Emergency adjudicative proceedings.

13.31(1) Necessary emergency action. To the extent necessary to prevent or avoid immediate danger to the public health, safety, or welfare and, consistent with the Constitution and other provisions of law, the agency may issue a written order in compliance with Iowa Code section 17A.18 to suspend a license in whole or in part, order the cessation of any continuing activity, order affirmative action, or take other action within the jurisdiction of the agency by emergency adjudicative order. Before issuing an emergency adjudicative order the agency shall consider factors including, but not limited to, the following:

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

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

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

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

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

13.31(2) Issuance of order.

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

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

(1) Personal delivery;

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

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

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

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

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

13.31(3) Oral notice. Unless the written emergency adjudicative order is provided by personal delivery on the same day that the order issues, the agency shall make reasonable immediate efforts to contact by telephone the persons who are required to comply with the order.

13.31(4) Completion of proceedings. After the issuance of an emergency adjudicative order, the agency shall proceed as quickly as feasible to complete any proceedings that would be required if the matter did not involve an immediate danger.

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

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

ARC 9066A

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

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

Pursuant to the authority of Iowa Code sections 421.14 and 422.68, the Department of Revenue and Finance hereby gives Notice of Intended Action to amend Chapter 18, "Taxable and Exempt Sales Determined by Method of Transaction or Usage," Iowa Administrative Code.

Rule 701--18.5(422,423) is amended to state explicitly that an independent contractor doing business with a governmental entity is not entitled to claim an exemption from sales tax for its purchases by virtue of this association.

The proposed amendment will not necessitate additional expenditures by political subdivisions or agencies, and entities which contract with political subdivisions.

The Department has determined that this proposed amendment may have an impact on small business. The Department has considered the factors listed in Iowa Code section 17A.31(4). The Department will issue a regulatory flexibility analysis as provided in Iowa Code sections 17A.31 to 17A.33 if a written request is filed by delivery or by mailing postmarked no later than June 22, 1999, to the Policy Section, Compliance Division, Department of Revenue andFinance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306. The request may be made by the Administrative Rules Review Committee, the Governor, a political subdivision, at least 25 persons who qualify as a small business under Iowa Code sections 17A.31 to 17A.33, or an organization of small businesses representing at least 25 persons which is registered with this agency under Iowa Code sections 17A.31 to 17A.33.

Any interested person may make written suggestions or comments on these proposed amendments on or before July 21, 1999. Such written comments should be directed to the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306.

Persons who want to orally convey their views should contact the Policy Section, Compliance Division, Department of Revenue and Finance, at (515)281-4250 or at the Department of Revenue and Finance offices on the fourth floor of the Hoover State Office Building.

Requests for a public hearing must be received by July 14, 1999.

This amendment is intended to implement Iowa Code sections 422.45(5) and 422.45(7).

The following amendment is proposed.

Amend rule 701--18.5(422,423), last unnumbered paragraph, as follows:

This tax exemption does not apply to independent contractors who deal with agencies, instrumentalities, or other entities of government. These contractors do not, by virtue of their contracting with governmental entities, acquire any immunity or exemption from taxation for themselves. Sales to these contractors remain subject to tax, even if those sales are of goods or services which a contractor will use in the performance of a contract with a governmental entity. This principle is applicable to construction contractors who create or improve real property for federal, state, county, and municipal instrumentalities or agencies thereof. The contractors, therefore, shall be subject to sales and use tax on all tangible personal property they purchase regardless of the identity of their construction contract sponsor. See 701--Chapter 19. See also NLO, Inc. v. Limbach, 613 N.E.2d 193, 66 Ohio St.3d 389 (1993); Bill Roberts Inc. v. McNamara, 539 So.2d 1226 (La. 1989) reh. den. April 27, 1989; White Oak Corporation v. Department of Revenue Services, 503 A.2d 582, 198 Conn. 413 (1986).

In compliance with Iowa Code chapter 74A and section 12C.6, the committee composed of Treasurer of StateMichael L. Fitzgerald, Superintendent of Credit Unions James E. Forney, Superintendent of Banking Michael K. Guttau, and Auditor of State Richard D. Johnson have established today the following rates of interest for public obligations and special assessments. The usury rate for May is 7.25%.

74A.2 Unpaid Warrants Maximum 6.0%

74A.4 Special Assessments Maximum 9.0%

RECOMMENDED for 74A.3 and 74A.7: A rate equal to 75% of the Federal Reserve monthly published indices for U.S. Government securities of comparable maturities.

The rate of interest has been determined by a committee of the state of Iowa to be the minimum interest rate that shall be paid on public funds deposited in approved financial institutions. To be eligible to accept deposits of public funds of the state of Iowa, a financial institution shall demonstrate a commitment to serve the needs of the local community in which it is chartered to do business. These needs include credit services as well as deposit services. All such financial institutions are required to provide the committee with a written description of their commitment to provide credit services in the community. This statement is available for examination by citizens.

New official state interest rates, effective May 11, 1999, setting the minimums that may be paid by Iowa depositories on public funds are listed below.

7-31 days Minimum 4.20%

32-89 days Minimum 4.30%

90-179 days Minimum 4.50%

180-364 days Minimum 4.50%

One year Minimum 4.60%

Two years or more Minimum 4.90%

These are minimum rates only. The one year and less are four-tenths of a percent below average rates. Public body treasurers and their depositories may negotiate a higher rate according to money market rates and conditions.

Inquiries may be sent to Michael L. Fitzgerald, Treasurer of State, State Capitol, Des Moines, Iowa 50319.

In accordance with the provisions of Iowa Code section 535.2, subsection 3, paragraph "a," the Superintendent of Banking has determined that the maximum lawful rate of interest shall be:

May 1, 1998 -- May 31, 1998 7.75%

June 1, 1998 -- June 30, 1998 7.75%

July 1, 1998 -- July 31, 1998 7.75%

August 1, 1998 -- August 31, 1998 7.50%

September 1, 1998 -- September 30, 1998 7.50%

October 1, 1998 -- October 31, 1998 7.25%

November 1, 1998 -- November 30, 1998 6.75%

December 1, 1998 -- December 31, 1998 6.50%

January 1, 1999 -- January 31, 1999 6.75%

February 1, 1999 -- February 28, 1999 6.75%

March 1, 1999 -- March 31, 1999 6.75%

April 1, 1999 -- April 30, 1999 7.00%

May 1, 1999 -- May 31, 1999 7.25%

June 1, 1999 -- June 30, 1999 7.25%

ARC 9064A

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 96.11, the Interim Director of the Workforce Development Department hereby gives Notice of Intended Action to amend Chapter 24, "Claims and Benefits," Iowa Administrative Code.

The proposed amendment rescinds and reserves subrule 24.26(14) because the Administrative Rules Review Committee imposed an objection on the subrule and indicated that this issue should be referred to the legislature for consideration at the next session.

Interested persons, governmental agencies and associations may present written comments or statements on the proposed amendment not later than 4:30 p.m., June 22, 1999, to Reynel Dohse, Department of Workforce Development, Unemployment Insurance Services Division, 1000 E. Grand Avenue, Des Moines, Iowa 50319.

A public hearing will be held at 9:30 a.m., June 22, 1999, at the above address. The proposed amendment is subject to revision after the Division considers all written and oral presentations. Persons who want to convey their views orally should contact Reynel Dohse at (515)281-4986 or at the above address.

This amendment is intended to implement Iowa Code sections 84A.1, 96.4(6)"a," 96.5(1), 96.6(2), 96.7(8), 96.10, 96.12, and 96.14.

The following amendment is proposed:

Rescind and reserve subrule 24.26(14).

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby amends Chapter 71, "Nursery Stock Sale to the Public," Iowa Administrative Code.

These amendments address recent legislation which provides that funding for five full-time employees for the Forestry Division be funded by a $0.05 charge for each conifer seedling sold from the state forest nursery and a $0.10 charge for each shrub or hardwood seedling sold. In order to meet this charge and raise sufficient additional income to operate the state forest nursery, it is necessary to raise seedling prices.

In compliance with Iowa Code section 17A.4(2), the Commission finds that notice and public participation are impracticable because of the immediate need for rule change to help implement the new provisions of this law.

The Commission also finds, pursuant to Iowa Code section 17A.5(2)"b"(2), that the normal effective date of the amendments should be waived and these amendments should be made effective upon filing with the Administrative Rules Coordinator, as the nursery accepts orders on a continuous basis and has already sold 1,400,000 seedlings at the old prices. Any additional seedlings sold should be at the new prices so that the financial strain on the nursery is avoided.

The Natural Resource Commission adopted these amendments on May 14, 1999.

These amendments are also published herein under Notice of Intended Action as ARC 9081A to allow public comment. This emergency filing permits the Department to implement more easily the new provisions of the law.

These amendments are intended to implement Iowa Code sections 456A.20 and 461A.2.

These amendments became effective May 14, 1999.

The following amendments are adopted.

ITEM 1. Amend subrule 71.3(1) as follows:

71.3(1) Prices for hardwoods and shrubs shall be as follows:

a. Walnut, white oak and red oak, 10" to 16"--$24 per hundred plants.

b. Walnut, white oak and red oak, 17" and greater--$26 per hundred plants.

c. Other hardwoods and shrubs, 10" to 16"--$23 per hundred plants.

d. Other hardwoods and shrubs, 17" and greater--$25 per hundred plants.

a. Hardwoods and shrubs, 17" and larger--$40 per hundred plants.

b. Hardwoods and shrubs, 10" to 16"--$35 per hundred plants.

ITEM 2. Amend subrule 71.3(2) as follows:

71.3(2) Prices for conifers shall be $15 $20 per hundred plants.

ITEM 3. Amend subrule 71.3(3) as follows:

71.3(3) Prices for wildlife packets shall be $45 $65 each.

ITEM 4. Amend subrule 71.3(4) as follows:

71.3(4) Prices for songbird packets shall be $15 $20 each.

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/2/99.

Pursuant to the authority of Iowa Code sections 17A.3(1)"b" and 18.4, the Department of General Services hereby amends Chapter 1, "Organization and Operation," and adopts new Chapter 17, "Declaratory Orders," Chapter 18, "Petitions for Rule Making," and Chapter 19, "Agency Procedure for Rule Making," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on April 7, 1999, as ARC 8861A. The public comment period ran through April 27, 1999. No comments were received.

The amendment and new chapters bring the Department into compliance with provisions of 1998 Iowa Acts, chapter 1202, governing declaratory orders, petitions for rule making and agency procedures for rule making which changed the following:

* 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 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. Rules are added to provide for petitions for intervention.

The Department also provided notice in ARC 8861A to adopt Chapter 20, "Contested Cases," and is not adopting the chapter at this time. The Department does not have statutorily imposed contested cases; matters that arise before the Department come under the auspices of other agency action pursuant to Iowa Code chapter 17A. Therefore, contested cases will be addressed separately from these amendments.

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 July 7, 1999.

The following amendments are adopted.

ITEM 1. Rescind and reserve rule 401--1.4(18).

ITEM 2. Adopt the following new chapters:

401--17.1(17A) Adoption by reference. The department of general services hereby adopts the declaratory orders segment of the Uniform Rules on Agency Procedure printed in the first volume of the Iowa Administrative Code, with the following amendments:

1. In lieu of the words "(designate agency)", insert "department of general services".

2. In lieu of the words "(designate office)", insert "Office of the Director, Department of General Services, Hoover State Office Building, Level A, Des Moines, Iowa 50319-0104".

3. In lieu of the words "(AGENCY NAME)", insert "DEPARTMENT OF GENERAL SERVICES".

4. In lieu of the words "_____days (15 or less)", insert "15 days".

5. In lieu of the words "_____days" in subrule 17.3(1), insert "5 days".

6. In lieu of the words "(designate official by full title and address)", insert "Director, Department of General Services, Hoover State Office Building, Level A, Des Moines, Iowa 50319-0104".

7. In lieu of the words "(specify office and address)", insert "Office of the Director, Department of General Services, Hoover State Office Building, Level A, Des Moines, Iowa 50319-0104".

8. In lieu of the words "(agency name)", insert "department of general services".

9. In lieu of the words "(designate agency head)", insert "director".

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

401--18.1(17A) ADOPTION BY REFERENCE. THE DEPARTMENT OF GENERAL SERVICES HEREBY ADOPTS THE PETITIONS FOR RULE MAKING SEGMENT OF THE UNIFORM RULES ON AGENCY P

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services hereby amends Chapter 75, "Conditions of Eligibility," appearing in the Iowa Administrative Code.

The Council on Human Services adopted these amendments May 12, 1999. Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on April 7, 1999, as ARC 8864A.

These amendments make the following changes to policy governing the SSI-related Medicaid program:

* The general rule that except as otherwise provided, SSI-related Medicaid recipients must be eligible for the Supplemental Security Income (SSI) program administered by the United States Social Security Administration is clarified. This general rule is required by federal Medicaid statutes and regulations which the Department is directed to follow by Iowa Code section 249A.3.

References to the sources of SSI policy are also added. These SSI materials are not being adopted by reference by these amendments, since they must be followed by the Department of Human Services pursuant to federal Medicaid statutes and regulations and Iowa Code section 249A.3 directing the Department to administer eligibility for Medical Assistance pursuant to federal requirements, but the references thereto are being added for informational purposes.

* The table used by SSI for determining the value of life estates and remainder interests is incorporated into the rules.

Issues have been raised recently about the valuations of life estates and remainder interests for the purposes of SSI-related Medicaid eligibility. SSI-related Medicaid eligibility policy is tied to SSI policy and procedures on valuation of resources based on federal law and current state rules at 441 Iowa Administrative Code 75.13(2). SSI policy and procedures are established by federal statute, federal regulations, and the federal Social Security Administration's Program Operations Manual System (POMS). The POMS provides a table for valuation of life estates and remainder interests. The source of this table is federal Department of Internal Revenue regulations adopted in 1984. The Internal Revenue regulations have since been amended to provide a different method for evaluating life estates and remainder interests for which the valuation date is on or after April 30, 1989. However, the SSI program continues to use the table adopted in 1984, as provided in the POMS. These amendments clarify the applicability and sources of SSI policy in general and the use of the table provided in the POMS in particular.

As provided in the POMS with respect to any interest in real property, the holder of a life estate or remainder interest can present evidence that the value of the life estate or remainder interest is different than that provided by the table.

Some attorneys have questioned the use of the POMS table, as opposed to a table in the Iowa Code. Federal law requires the Department to determine eligibility for SSI-related Medicaid based on eligibility for the SSI program.

* A condition is added to the hardship exception for persons who would otherwise be ineligible for Medicaid payment for certain services due to a transfer of assets for less than fair market value. The condition provides that the hardship exception will apply only if the application of the penalty would deprive the person of food, clothing, shelter, medical care, or other necessities of life, such that the person's health or life would be endangered.

This change incorporates a current requirement contained in the Health Care Financing Administration's State Medicaid Manual into rules.

* References are eliminated to the last date of eligibility, April 1, 1994, for the conditional eligibility group that was eliminated October 1, 1993. The reference to the date of the federal SSI regulations on the conditional eligibility policy is also eliminated as unnecessary, given that the conditional eligibility policy is not adopted by reference by these amendments but is specifically excluded from consideration.

These amendments are identical to those published under Notice of Intended Action.

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

These amendments shall become effective August 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 [75.13(2), 75.23(5)] is being omitted. These amendments are identical to those published under Notice as ARC 8864A, IAB 4/7/99.

[For replacement pages for IAC, see IAC Supplement 6/2/99.]

ARC 9070A

Pursuant to the authority of Iowa Code section 217.6, the Department of Human Services hereby amends Chapter 95, "Collections," appearing in the Iowa Administrative Code.

The Council on Human Services adopted this amendment May 12, 1999. Notice of Intended Action regarding this amendment was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8787A.

This amendment provides a more customer-friendly procedure for the Child Support Recovery Unit (CSRU) to verify whether a child will emancipate prior to the child's eighteenth birthday. Under the current procedure, the obligor and obligee are sent a letter three months prior to the child's emancipation date if CSRU has their addresses and they are requested to submit documentation to establish whether the child is emancipated. The information requested relates to the child's school attendance, marriage, or entry into the military.

Under this amendment, the parents will be asked to complete and sign Form 470-2562, Emancipation Verification, attesting that the information provided is correct. Documentation will not be required unless the CSRU receives conflicting information.

If neither parent returns the form, CSRU will apply the earliest emancipation date established in the support order. For example, an order might read the obligor is to pay support until the child's eighteenth birthday unless the child is in high school, in which case support shall continue until the child's nineteenth birthday. If no reply is received from either parent, CSRU will stop collecting support as of the child's eighteenth birthday.

This amendment is identical to that published under Notice of Intended Action.

This amendment is intended to implement Iowa Code sections 252B.3 and 252B.4.

This amendment shall become effective August 1, 1999.

The following amendment is adopted.

Amend 441--Chapter 95 by adopting the following new rule:

441--95.25(252B) Emancipation verification. The child support recovery unit (CSRU) may verify whether a child will emancipate according to the provisions established in the court order prior to the child's eighteenth birthday.

95.25(1) Verification process. CSRU shall send Form 470-2562, Emancipation Verification, to the obligor and obligee on a case if CSRU has an address.

95.25(2) Return information. The obligor and obligee shall be asked to complete and return the form to the unit. CSRU shall use the information provided by the obligor or obligee to determine if the status of the child indicates that any previously ordered adjustments related to the obligation and a child's emancipation are necessary on the case.

95.25(3) Failure to return information. If the obligor and obligee fail to return the questionnaire, CSRU shall apply the earliest emancipation date established in the support order to the case and implement changes in support amounts required in the support order.

95.25(4) Conflicting information returned. If conflicting information is returned or made known to CSRU, CSRU shall have the right to verify the child's status through sources other than the obligor and obligee.

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

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/2/99.

ARC 9073A

Pursuant to the authority of Iowa Code section 135B.7, the Department of Inspections and Appeals hereby amends Chapter 51, "Hospitals," Iowa Administrative Code.

The amendments modify food and nutrition services rules by updating references to the United States Food and Drug Administration's Food Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 10, 1999, as ARC 8757A. No public comments were received during the public comment period. The adopted amendments differ from those published under Notice in that the publication date was revised to reflect the recent availability of the 1999 edition of the Food Code. The changes from the 1999 edition merely provide clarification and will not substantially change how hospital dietary departments would operate under the 1997 edition.

The Hospital Licensing Board approved the adoption of these amendments March 17, 1999. The Board of Health approved the adoption of the amendments May 12, 1999.

The amendments will become effective July 7, 1999.

These amendments are intended to implement Iowa Code chapter 135B.

The following amendments are adopted.

ITEM 1. Amend subrule 51.20(2) as follows:

Amend paragraph "j," subparagraph (2), as follows:

(2) Dry or staple items shall be stored at least six inches (15 cm) above the floor in a ventilated room, not subject to sewage or wastewater backflow, contamination by condensation, leakage, rodents or vermin in accordance with the Food Code, 1995 1999 Edition, U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, Washington, D.C. 20204.

Amend paragraph "k," introductory paragraph, as follows:

k. Sanitation. Unless otherwise indicated, the sanitary provisions of the 1995 1999 Food Code shall apply.

ITEM 2. Amend subrule 51.20(4), paragraph "a," subparagraph (3), as follows:

(3) Fixed and mobile equipment in the food service area shall meet the American Institute of Architects Guidelines for Construction and Equipment of Hospital and Medical Facilities, 1996-1997 Edition, and the 1995 1999 Food Code. Equipment shall be located to ensure sanitary and safe operation, and shall be of sufficient size to handle the needs of the hospital.

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/2/99.

ARC 9086A

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 51, "Game Management Areas," Iowa Administrative Code.

These rules give the regulations for public use of state game management areas. These amendments prohibit a boat from being anchored away from shore and left unattended unless it is attached to a legal buoy and delete Cayler Prairie from wildlife areas in Dickinson County where only nontoxic shot can be used.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 10, 1999, as ARC 8747A. No changes have been made from the Notice of Intended Action.

These amendments are intended to implement Iowa Code sections 456A.24 and 481A.6.

These amendments will become effective July 7, 1999.

The following amendments are adopted.

ITEM 1. Amend subrule 51.5(2), paragraph "b," as follows:

b. Prohibited use. Portable blinds shall be prohibited from one-half hour after sunset until midnight each day. Portable blinds which are built on, or are part of, a boat shall be considered as removed from an area when the boat and blind are tied up or moored at an approved access site. No boat shall be anchored away from shore and left unattended unless it is attached to a legal buoy.

ITEM 2. Amend rule 571--51.9(481A) as follows:

571--51.9(481A) Use of nontoxic shot on wildlife areas. It shall be unlawful to hunt any migratory game bird or resident game or furbearers, except deer and turkeys, or target shoot with a shotgun while having in one's possession any shot other than nontoxic shot approved by the U.S. Fish and Wildlife Service on the following wildlife areas:

County	Wildlife Area
Boone	Harrier Marsh
Buena Vista	All state and federal areas except Bluebird Access
Cerro Gordo	All state and federal areas
Clay	All state and federal areas except Burr Access, Dry Mud Lake, Little Sioux, Highbridge, Fen Valley, and the Ocheyedan wildlife area target shooting range
Dickinson	All state and federal areas except Cayler Prairie and the Spring Run target shooting range
Emmet	All state and federal areas except Birge Lake, Grass Lake, Ryan Lake, and the East Des Moines River Access
Greene	All state and federal areas except Rippey Access and McMahon Access
Guthrie	McCord Pond, Lakin Slough and Bays Branch, except the target shooting range at Bays Branch
Hamilton	Little Wall Lake, Gordon Marsh and Bauer Slough
Hancock	All state and federal areas except Schuldt and Goodell
Humboldt	All state and federal areas except Bradgate Access and Willows Access
Kossuth	All state and federal areas except Seneca Access
Osceola	All state and federal areas
Palo Alto	All state and federal areas
Pocahontas	All state and federal areas except Kalsow Prairie
Polk	Paul Errington Marsh
Sac	All state and federal areas except White Horse Access and Sac City Access
Winnebago	All state and federal areas
Worth	All state and federal areas except Brights Lake
Wright	All state and federal areas except White Tail Flats

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/2/99.

ARC 9085A

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby amends Chapter 52, "Wildlife Refuges," Iowa Administrative Code.

This amendment adds the Chichaqua Area and the Cottonwood Area to the list of wildlife refuges.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 10, 1999, as ARC 8748A. No changes have been made from the Notice of Intended Action.

This amendment is intended to implement Iowa Code sections 481A.5, 481A.6, 481A.8 and 481A.39.

This amendment will become effective July 7, 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 this amendment [52.1(2)"a"] is being omitted. This amendment is identical to the one published under Notice as ARC 8748A, IAB 3/10/99.

[For replacement pages for IAC, see IAC Supplement 6/2/99.]

ARC 9080A

Pursuant to the authority of Iowa Code section 455A.5, the Natural Resource Commission hereby amends Chapter 99, "Wild Turkey Fall Hunting," Iowa Administrative Code.

These rules give the seasons for hunting wild turkey during the fall and include season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and methods of take and transportation tag requirements. These amendments change the quota of turkey licenses to be issued to residents in Zone 4 and add a new zone, Zone 8.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 10, 1999, as ARC 8743A. No comments were received during the comment period. There are no changes from the Notice of Intended Action.

These amendments are intended to implement Iowa Code sections 481A.38, 481A.39, 481A.48 and 483A.7.

These amendments shall become effective July 7, 1999.

The following amendments are adopted.

ITEM 1. Amend subrule 99.2(1), paragraph "f," and adopt a new paragraph "h" as follows:

f. Zone 6. Zone 6 is that portion of Iowa bounded on the south by Interstate Highway 80 and on the west by U.S. Highway 218 from the Minnesota border to U.S. Highway 14 at Charles City, U.S. Highway 14 to U.S. Highway 20, Highway 20 east to U.S. Highway 63 and U.S. Highway 63 to Interstate Highway 80 63.

h. Zone 8. Zone 8 is that portion of Iowa bounded on the south by U.S. Highway 20, on the east by U.S. Highway 63, and on the west by U.S. Highway 69.

ITEM 2. Amend rule 571--99.5(481A) as follows:

571--99.5(481A) License quotas. A limited number of wild turkey hunting licenses will be issued to residents in the zones as follows:

1. Zone 1. 50

2. Zone 2. 50

3. Zone 3. 50

4. Zone 4. 2,000 2,500

5. Zone 5. 300

6. Zone 6. 3,000

7. Zone 7. 200

8. Zone 8. 75

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/2/99.

ARC 9083A

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby amends Chapter 106, "Deer Hunting," Iowa Administrative Code.

These rules give the regulations for hunting deer during the fall and include season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and methods of taking and transportation tag requirements.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 10, 1999, as ARC 8749A. Two changes have been made from the Notice of Intended Action. In Item 2 the date for which applications for the special late season will be accepted was changed from January 10 to January 3. In Item 3 persons obtaining a special disabled hunting license will now be allowed to obtain one additional bow license.

These amendments are intended to implement Iowa Code sections 481A.38, 481A.39 and 481A.48.

These amendments shall become effective July 7, 1999.

The following amendments are adopted.

ITEM 1. Amend subrule 106.2(4) as follows:

106.2(4) Special late season. Antlerless deer may be taken by shotgun, muzzleloading rifle, handgun or bow as permitted in 571--106.7(481A) from January 11, 1999, through January 17, 1999. All participants must meet the hunter orange requirements in Iowa Code section 481A.122. All other regulations for taking deer with a firearm shall apply.

ITEM 2. Amend subrule 106.8(2) as follows:

106.8(2) Regular gun, late muzzleloader season and ant-lerless licenses. All applications for paid regular gun, late muzzleloader season, special late season and antlerless bow licenses shall be made on forms provided by the department of natural resources and returned to the department of natural resources office in Des Moines, Iowa. Applications for all statewide licenses and the first antlerless license must be accompanied by $25 $25.50 for each license. Applications for all antlerless licenses after the first antlerless license must be accompanied by $10 for each license. Only individual applications will be accepted. Any incomplete or improperly completed application, any application not meeting the above conditions, or any application received after the application period will not be considered a valid application.

a. Statewide licenses. Applications will be received and accepted from the second Monday in July through the last Friday in August or if the application form bears a valid and legible U.S. Postal Service postmark prior to that date.

b. Antlerless licenses. Paid antlerless licenses will be issued by quota established for each county in the special ant-lerless zone. Applications will be received and accepted from the second Monday in July through the last Friday in August or if the application form bears a valid and legible U.S. Postal Service postmark prior to that date. Hunters may apply for one license for one of the following seasons: bow; second regular gun; or late muzzleloader. Hunters may apply for one additional license for the special late season. A drawing will be held for each county where the number of applications exceeds the quota. Applications will be accepted on a first-come, first-served basis after September 1 if any county quotas do not fill. Applications for the bow season or second regular gun season or late muzzleloader season will be accepted through the first Friday in November or until quotas fill. Applications for the special late season will be accepted through January 10, 1999 3, or until quotas fill. If licenses are still available after September 1, hunters may apply for one additional license for the bow season or second regular gun season or late muzzleloader season and one additional license for the special late season. The maximum number of antlerless licenses for an individual is four: two for the bow or second regular gun or late muzzleloader season and two for the special late season (if second licenses are available).

ITEM 3. Amend subrule 106.10(1), paragraph "b," as follows:

b. Severely disabled hunt. Any Iowa resident meeting the requirements of Iowa Code section 321L.1(8) will be issued a severely disabled license. Persons applying for a severely disabled license must either possess a disabilities parking permit or provide a completed form from the department of natural resources and signed by a physician verifying their disability as defined in Iowa Code section 321L.1(8) along with a completed application. Those individuals between 16 and 65 years of age must also possess a regular hunting license and habitat stamp. Persons obtaining a license for the severely disabled hunt may not obtain any other deer hunting license one additional bow license.

ITEM 4. Amend subrule 106.10(6) as follows:

106.10(6) Application procedures. All applications for youth gun and severely disabled deer hunting licenses for the current season shall be made on forms provided by the department of natural resources and returned to the department of natural resources office in Des Moines, Iowa. No one shall submit more than one application. Applications for youth gun and severely disabled deer hunting licenses must

be accompanied by $25 $25.50 for each license. Applications will be received and accepted only from the third Monday in June through the third Friday in July.

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/2/99.

ARC 9088A

Pursuant to the authority of Iowa Code sections 904A.4(2) and 906.3, the Board of Parole hereby rescinds Chapters 1 to 15 and adopts new Chapters 1 to 15, Iowa Administrative Code.

Notice of Intended Action was published on March 24, 1999, in the Iowa Administrative Bulletin as ARC 8853A. A public hearing was held on April 16, 1999, and no written or oral comments were received. The following revisions were made to the Notice of Intended Action. Subrules 8.15(3) and 8.15(4) were revised to allow the chair, after consultation with the Board, to suspend the 4- and 5-vote requirements due to vacancies on the Board. Chapter 12 was limited to probation revocation in the Sixth Judicial District only, as mandated by the pilot project legislation. Other minor changes from the Notice were made for clarification.

Since the Board's present rules became effective on March 29, 1989, there have been substantial changes in the Iowa Code sections which the rules are intended to implement, as well as in Board policy and procedure. These changes have necessitated a redrafting of the Board's administrative rules. A synopsis of the rules is as follows:

Chapter 1 defines the organization, administration, and duties of the Board of Parole.

Chapter 2 provides the general rule-making procedures of the Board of Parole.

Chapter 3 provides the manner in which the public may petition for rule making.

Chapter 4 provides the manner in which the public may request a declaratory order.

Chapter 5 provides information regarding the Iowa Fair Information Practices Act.

Chapter 6 defines public records and communications with the Board of Parole.

Chapter 7 provides procedures relating to victim notification.

Chapter 8 provides procedures relating to consideration for parole and work release.

Chapter 9 is reserved.

Chapter 10 provides the general parole and work release supervision procedures of the Board of Parole.

Chapter 11 provides the general parole revocation procedures of the Board of Parole.

Chapter 12 provides for probation revocation in the Sixth Judicial District only.

Chapter 13 provides the general parole discharge procedures of the Board of Parole.

Chapter 14 provides procedures relating to executive clemency.

Chapter 15 provides the general appeal procedures of the Board of Parole.

These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapters 21, 22, 217, 248A, 902, 904A, 906, 908, and 910A.

These rules were adopted by the Board of Parole on May 6, 1999.

These rules will become effective July 7, 1999.

The following rules are adopted.

Rescind 205--Chapters 1 to 15 and adopt the following new chapters:

205--1.1(904A) Board description.

1.1(1) The board of parole is mandated by Iowa Code chapter 904A and consists of five members, including a chairperson.

1.1(2) Board members are appointed by the governor for staggered terms of four years and are subject to confirmation by the senate.

1.1(3) The board is responsible directly to the governor and is attached to the department of corrections for the purpose of receiving routine administrative and support services.

1.1(4) The board chairperson is appointed by the governor and serves at the pleasure of the governor.

1.1(5) Vacancies in the board are filled in the same manner as regular appointments. Appointments to fill vacancies serve for the balance of the term.

205--1.2(904A) Board responsibilities. The statutory responsibilities of the board are:

1.2(1) Reviewing and interviewing inmates for parole or work release, and granting parole or work release.

1.2(2) Interviewing inmates according to board of parole administrative rules.

1.2(3) Gathering and reviewing information regarding new parole and work release programs being instituted or considered nationwide and determining which programs may be useful to Iowa. Reviewing the current parole and work release programs and procedures used in Iowa on an annual basis.

1.2(4) Increasing the utilization of data processing and computerization to assist in the orderly conduct of the parole and work release system.

1.2(5) Conducting such studies of the parole and work release system as the governor and general assembly shall request.

1.2(6) Providing, to public and private entities, technical assistance and counseling related to the board's purposes.

1.2(7) Reviewing and making recommendations to the governor regarding all applications for reprieve, pardon, commutation of sentence, remission of a fine or forfeiture, and restoration of citizenship rights.

1.2(8) Maintaining a risk assessment program which shall provide risk analysis for the board.

205--1.3(904A) Business location and hours. The business office address is Holmes Murphy Building, 420 Keo Way, Des Moines, Iowa 50309, telephone (515)242-5757. Business hours are 8 a.m. to 4:30 p.m. Monday through Friday.

205--1.4(904A) Board meetings. The board may conduct the following meetings:

1.4(1) Business meeting. The board may meet each month to consider rules, procedure and other matters.

1.4(2) Public hearing. The board may conduct a public hearing to solicit input and comment on parole and work release procedures.

1.4(3) Board session. The board shall be in session each month at any location designated by the chairperson. A board session may include:

a. Parole and work release case reviews;

b. Parole and work release interviews;

c. Parole rescission hearing;

d. Parole discharge reviews;

e. Executive clemency reviews.

1.4(4) Quorum.

a. A majority of the members of the board constitutes a quorum except as provided herein.

b. The chairperson shall designate panels composed of at least three board members to conduct board sessions except as provided herein.

1.4(5) Majority vote. All questions shall be decided by a majority vote of the members except as provided herein.

1.4(6) Parliamentary authority. Robert's Rules of Order, current edition, shall govern the conduct of all business meetings of the board except as provided herein.

1.4(7) Minutes. The board shall keep copies of the minutes of board meetings on file at the business office. The list of individuals considered by the board for action shall constitute the minutes of a board session.

1.4(8) Public notice and agenda. The board shall establish the date, time, and location of all meetings. The board shall give public notice of all meetings pursuant to Iowa Code chapter 21. The board shall mail copies of, or provide by electronic means, notices of public meetings and tentative agenda to news media that have so requested. When it is determined that an emergency meeting is required, the board shall notify the news media as soon as the need for an emergency meeting has been decided. The nature of the emergency shall be stated in the minutes.

1.4(9) Public access to meetings. Members of the public have access to board meetings as provided in Iowa Code chapter 21. Persons wishing to appear before the board shall submit their request to the business office not less than three days prior to the business meeting. Members of the public wishing to attend board meetings conducted in department of corrections penal institutions should consult, in advance, department of corrections administrative rules relating to visitation and public access.

1.4(10) Electronic meetings. The board may conduct a meeting by electronic means as provided in Iowa Code section 21.8.

These rules are intended to implement Iowa Code chapter 904A.

The board of parole hereby adopts the agency procedure for rule making segment of the Uniform Rules on Agency Procedure printed in the first volume of the Iowa Administrative Code, with the following amendments:

2.3(2) Anticipated rule making. In lieu of the words "(commission, board, council, director)", the words "board of parole" should be inserted.

2.5(1) Written comments. In lieu of the words "(identify office and address)", the words "Executive Director of the Board of Parole, 420 Keo Way, Holmes Murphy Building, Des Moines, Iowa 50309" should be inserted.

2.6(2) Mailing list. In lieu of the words "(designate office)", the words "Board of Parole, 420 Keo Way, Holmes Murphy Building, Des Moines, Iowa 50309" should be inserted.

2.11(1) General. In lieu of the words "(specify the office and address)", the words "executive director of the board of parole" should be inserted.

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

The board of parole hereby adopts the petitions for rule making segment of the Uniform Rules on Agency Procedure printed in the first volume of the Iowa Administrative Code with the following amendments:

205--3.1(17A) Petition for rule making. In lieu of the words "(designate office)", the text should read "420 Keo Way, Holmes Murphy Building, Des Moines, Iowa 50309".

In lieu of the words "AGENCY NAME", the heading on the petition form should read:

205--3.3(17A) Inquiries. Inquiries concerning the status of a petition for rule making may be made to the Executive Director of the Board of Parole, 420 Keo Way, Holmes Murphy Building, Des Moines, Iowa 50309.

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

The board of parole hereby adopts the declaratory orders segment of the Uniform Rules on Agency Procedure printed in the first volume of the Iowa Administrative Code with the following amendments:

205--4.1(17A) Petition for declaratory order. In lieu of the words "(designate agency)", the text should read "board of parole". In lieu of the words "(designate office)", the text should read "420 Keo Way, Holmes Murphy Building, Des Moines, Iowa 50309". In lieu of the words "(AGENCY NAME)", the heading on the petition form should read:

205--4.2(17A) Notice of petition. Within 15 days after receipt of a petition for a declaratory order, the board of parole shall give notice of the petition to all persons not served by the petitioner pursuant to 205--4.6(17A) to whom notice is required by any provision of law. The board of parole may also give notice to any other persons.

205--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 25 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) In lieu of the words "(designate agency)", the text should read "the board of parole".

4.3(3) In lieu of the words "(designate office)", the text should read "Holmes Murphy Building, 420 Keo Way, Des Moines, Iowa 50309-1638". In lieu of the words "(designate agency)", the text should read "board of parole". In lieu of the words "(AGENCY NAME)", the text should read:

205--4.4(17A) Briefs. In lieu of the words "(designate agency)", the text should read "board of parole".

205--4.5(17A) Inquiries. Inquiries concerning the status of a petition for a declaratory order may be made to the Executive Director of the Board of Parole, 420 Keo Way, Holmes Murphy Building, Des Moines, Iowa 50309.

205--4.6(17A) Service and filing of petitions and other papers.

4.6(2) Filing--when required. In lieu of the words "(specify office and address)", the text should read "Board of Parole, Holmes Murphy Building, 420 Keo Way, Des Moines, Iowa 50309-1638". In lieu of the words "(agency name)", the text should read "board of parole".

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 in the contested cases segment of the Uniform Rules on Agency Procedure.

205--4.7(17A) Consideration. In lieu of the words "(designate agency)", the text should read "board of parole".

205--4.8(17A) Action on petition.

4.8(1) In lieu of the words "(designate agency head)", the text should read the "chairperson of the board of parole".

4.8(2) The date of issuance of an order or of a refusal to issue an order is as defined in the contested cases segment of the Uniform Rules on Agency Procedure.

205--4.9(17A) Refusal to issue order. In lieu of the words "(designate agency)", the text should read "board of parole".

205--4.12(17A) Effect of a declaratory order. In lieu of the words "designate agency" the text should read "board of parole".

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

The board of parole hereby adopts, with the following exceptions and amendments, the Uniform Rules on Agency Procedure relating to public records and fair information practices printed in the first volume of the Iowa Administrative Code.

205--5.1(17A,22) Definitions. As used in this chapter:

"Agency" means the board of parole.

"Confidential records" are records, as defined under Iowa Code sections 22.7, 22.8, 904.601, 904.602 and 904.603, which are not disclosed to members of the public except by court order. This includes records which the board is prohibited by law from making available for inspection by members of the public and those exempt records which the board has determined not to disclose to members of the public.

"Open records" are those records which are not authorized or required to be kept confidential under Iowa Code sections 22.7, 22.8, 904.601, 904.602 or any other provision of the law.

205--5.2(17A,22) Statement of policy. The purpose of this chapter is to facilitate broad public access to open records. It also seeks to facilitate sound agency determinations with respect to the handling of confidential records and the implementation of the fair information practices Act. This agency is committed to the policies set forth in Iowa Code chapter 22. Agency staff shall cooperate with members of the public in implementing the provisions of that chapter.

205--5.3(17A,22) Requests for access to records.

5.3(1) Location of record. A request for access to a record should be directed to the office where the record is kept.Records of current inmates, work releasees and parolees are maintained in the Board of Parole Office, Holmes Murphy Building, 420 Keo Way, Des Moines, Iowa 50309-1638, (515)242-5757.

5.3(2) Office hours. Open records shall be made available during all customary office hours, which are 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.

5.3(3) Request for access. Requests for access to records may be made in writing, in person, or by telephone if the request is for open record information. Requests shall identify the particular records sought by name or description in order to facilitate the location of the record. Mail requests shall include the name, address and telephone number of the person requesting the information. A person shall not be required to give a reason for requesting an open record.

5.3(4) Response to requests. The custodian is authorized to grant or deny access to the record according to the provisions of Iowa Code chapter 22, Iowa Code sections 904.601, 904.602, and 904.603 and this chapter. The decision to grant or deny access may be delegated to one or more designated employees. Unless the size or nature of the request requires time for compliance, the agency shall comply with the request as soon practicable. However, access to such a record may be delayed for one of the purposes authorized by Iowa Code sections 22.8(4), 22.10(4) or good cause. The agency shall promptly inform the requester of the reason for the delay. A request to review a confidential record shall be in writing and shall enumerate the specific grounds justifying access to the confidential record and to provide any proof necessary to establish relevant facts, request prior to receiving access to the record.

5.3(7) Fees.

c. Supervisory fee. An hourly fee may be charged for actual agency expenses in supervising the examination and copying of requested records when the supervision time required is in excess of five minutes. That hourly fee shall not be in excess of the hourly wage of an agency employee who ordinarily would be appropriate and suitable to perform this supervisory function.

205--5.5(17A,22) Requests for treatment of a record as a confidential record and its withholding from examination.

5.5(5) Request granted or deferred. If a request for confidential record treatment is granted, or if action on such a request is deferred, a copy of the record from which the matter in question has been deleted and a copy of the decision to grant the request or to defer action upon the request will be placed in the agency public file in lieu of the original record. If the agency subsequently receives a request for access to the original record, the agency will make reasonable and timely efforts to notify any person who has filed a request for its treatment as a confidential record.

205--5.6(17A,22) Procedure by which additions, dissents or objections may be entered into certain records. Except as otherwise provided by law, a person may file a request with the custodian to review, and to have a written statement of additions, dissents, or objections entered into, a record containing personally identifiable information pertaining to that person. However, this does not authorize a person who is subject of such a record to alter the original copy of that record or to expand the official record of any agency proceeding. Requester shall send the request to review such a record or the written statement of additions, dissents, or objections to the custodian or the board of parole. The request to review such a record or the written statement of such a record of additions, dissents, or objections must be dated and signed by requester, and shall include the current address and telephone number of the requester or the requester's representative.

205--5.7(17A,22) Consensual disclosure of confidential records.

5.7(1) Consent to disclose by a subject individual. To the extent allowed by law, the subject may consent in writing to agency disclosure of confidential records as provided in rule 205--5.4(17A,22).

5.7(2) Complaints to public officials. A letter from a subject of a confidential record to a public official which seeks the official's intervention on behalf of the subject in a matter that involves the agency may, to the extent permitted by law, be treated as an authorization to release sufficient information about the subject to the official to resolve the matter.

5.7(3) Obtaining information from a third party. The board is required to obtain information to assist in making decisions regarding classification, programming, security and administrative management operational decision. Requests to third parties for this information may involve the release of confidential information about individuals. Except as provided by law, the board may make these requests only when the individual has authorized the release.

205--5.9(17A,22) Routine use. To the extent allowed by law, the following uses are considered routine uses of all agency records:

5.9(1) Disclosure to those officers, employees, and agents of the agency who have a need for the record in the performance of their duties. The custodian of the record may upon request of any officer or employee, or on the custodian's own initiative, determine what constitutes legitimate need to use confidential records.

5.9(2) Disclosure of information indicating an apparent violation of the law to appropriate law enforcement authorities for investigation and possible criminal prosecution, civil court action, or regulatory order.

5.9(3) Disclosure to the department of inspections and appeals for matters in which it is performing services or functions on behalf of the agency.

5.9(4) Transfers of information within the agency, to other state agencies, or to local units of government as appropriate to administer the program for which the information is collected.

5.9(5) Information released to staff of federal and state entities for audit purposes or for purposes of determining whether the agency is operating a program lawfully.

5.9(6) Any disclosure specifically authorized by the statute under which the record was collected or maintained.

205--5.10(17A,22) Disclosures without the consent of the subject.

5.10(1) Open records are routinely disclosed without the consent of the subject.

5.10(2) To the extent allowed by law, disclosure of confidential records may occur without the consent of the subject. Following are instances where disclosure, if lawful, will generally occur without notice to the subject:

a. For a routine use as permitted by law and in the particular record system.

b. To a recipient who has provided the agency with advance written assurance that the record will be used solely as a statistical research or reporting record; provided that the record is transferred in a form that does not identify the subject.

c. To another government agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of such government agency or instrumentality has submitted a written request to the agency specifying the record desired and the law enforcement activity for which the record is sought.

d. To an individual pursuant to a showing of compelling circumstances affecting the health or safety of any individual if a notice of the disclosure is transmitted to the last-known address of the subject.

e. To the legislative fiscal bureau under Iowa Code section 2.52.

f. Disclosures in the course of employee disciplinary proceedings.

g. In response to a court order or subpoena.

205--5.11(17A,22) Release to subject.

5.11(1) The subject of a confidential record may file a written request to review confidential records about that person. However, the board need not release the following rec-ords to the subject:

a. The identity of a person providing information to the agency need not be disclosed directly or indirectly to the subject of the information when the information is authorized to be held confidential pursuant to Iowa Code sections 22.7(18) and 904.602.

b. Records need not be disclosed to the subject when they are the work product of an attorney or are otherwise privileged.

c. Peace officers' investigative reports may be withheld from the subject, except as required by the Iowa Code.

d. As otherwise authorized by law.

5.11(2) Where a record has multiple subjects with interest in the confidentiality of the record, the board may take reasonable steps to protect confidential information relating to another subject.

205--5.12(17A,22) Availability of records.

5.12(1) Open records. Board records are open for public inspection and copying unless otherwise prohibited by current rule of law.

5.12(2) Confidential records. The following records may be kept confidential. Records are listed by category, according to the legal basis for withholding them from public inspection.

a. Sealed bids received prior to the time set for public opening of bids; (Iowa Code section 72.3)

b. Tax records made available to the agency; (Iowa Code section 422.17, 422.20)

c. Minutes of closed meetings of a government body; (Iowa Code section 21.5(4))

d. Identifying details in final orders, decisions and opinions to the extent required to prevent a clearly unwarranted invasion of personal privacy or trade secrets under Iowa Code section 17A.3(1)"d";

e. Those portions of agency staff manuals, instructions, or other statements issued which set forth criteria or guidelines to be used by agency staff in auditing, in making inspections, in settling commercial disputes, or negotiating commercial arrangements, or in the selection or handling of cases, such as operational tactics or allowable tolerance or criteria for the defense, prosecution or settlement of cases, when disclosure of these statements would:

(1) Enable law violators to avoid detection;

(2) Facilitate disregard of requirements imposed by law; or

(3) Give a clearly improper advantage to persons who are in an adverse position to the agency. (Iowa Code section 22.7)

f. Records which constitute attorney work product,attorney-client communications, or which are otherwise privileged. Attorney work product is confidential under Iowa Code sections 22.7(4), 622.10 and 622.11, Iowa Rules of Civil Procedure 122(c), Federal Rule of Civil Procedure 26(b)(3), and case law. Attorney-client communications are confidential under Iowa Code sections 622.10 and 622.11, the rules of evidence, and the Code of Professional Responsibility and case law.

g. Other records made confidential by law.

205--5.13(17A,22) Personally identifiable information.

5.13(1) This rule describes the nature and extent of personally identifiable information which is collected, maintained and retrieved by the agency by personal identifier in record systems as defined in this rule. For each record system, this rule describes the legal authority for the collection of that information, the means of storage of that information and indicates whether a data processing system matches, collates, or permits the comparison of personally identifiable information in one record system with personally identifiable information in another record system.

5.13(2) Litigation files. These files or records contain information regarding litigation or anticipated litigation, which includes judicial and administrative proceedings. The records include briefs, depositions, docket sheets, documents, correspondence, attorney notes, memoranda, research materials, witness information, investigation materials, information compiled under the direction of the attorney and case management records. The files contain materials which are confidential as attorney work product andattorney-client communications. Some materials are confidential under other applicable provisions of law or because of a court order. Persons wishing copies of pleadings and other documents filed in litigation should obtain these from the clerk of the appropriate court which maintains the official copy.

5.13(3) Personnel files. The agency maintains files containing information about employees, families and dependents, and applicants for positions with the agency. The files include payroll records, biographical information, medical information relating to disability, performance reviews and evaluations, disciplinary information, information required for tax withholding, information concerning the employer-employee relationship. Some of this information is confidential under Iowa Code section 22.7(11).

205--5.14(17A,22) Other groups of records available for public inspection--policies and procedures (excluding security) meeting minutes. This rule describes groups ofrecords maintained by the board other than record systems as previously defined. These records are routinely available to the public. However, the board's file of these records may contain confidential information, as discussed in rule 5.12(17A,22). The following records are stored both as hard copy and in automated data processing systems unless otherwise noted.

5.14(1) Rule making. Rule-making records may contain information about individuals making written or oral comments on proposed rules. This information is collected pursuant to Iowa Code section 17A.4.

5.14(2) Board meeting records. Agendas, minutes and materials presented to the board are available from the office of the director except those records concerning closed sessions which are exempt from disclosure under Iowa Code section 21.5(4), or which are otherwise confidential by law. Board meeting records contain information about people who participate in meetings. The information is collected pursuant to Iowa Code section 21.3. This information is not retrieved by individual identifier.

5.14(3) Publications. News releases, annual reports, project reports, board newsletters, etc., are available from the board office. Board news releases, project reports, and newsletters may contain information about individuals, including board staff or members of the board councils or committees. This information is not retrieved by individual identifier.

5.14(4) Statistical reports. Periodic reports of the board for various board programs are available from the board office. Statistical reports do not contain personally identifiable information.

5.14(5) Grants. Records on persons receiving grants for various projects or programs are available through the office of the director. These records may contain information about employees or a grantee. This information is not retrieved by individual identifier and is not stored on an automated data processing system. The information is collected under the authority of Iowa Code chapter 904.

5.14(6) Published materials. The board uses many legal and technical publications in its work. The public may inspect these publications upon request. Some of these materials may be protected by copyright law. These records are hard copy only.

5.14(7) Policy manuals. The board employees' manual, containing procedures describing the board's regulations and practices, is available. Subscriptions to all or part of the employees' manual are available at the cost of production and handling. Requests for subscription information should be addressed to the board office. Policy manuals do not contain information about individuals.

5.14(8) Other records. All other records that are not exempted from disclosure by law.

205--5.15(17A,22) Applicability. This chapter does not:

5.15(1) Require the agency to index or retrieve records which contain information about individuals by that person's name or other personal identifier.

5.15(2) Make available to the general public records which would otherwise not be available under the publicrecords law, Iowa Code chapter 22.

5.15(3) Govern the maintenance or disclosure of, notification of, or access to records in the possession of the agency which are governed by the regulations of another agency.

5.15(4) Apply to grantees, including local governments or subdivisions thereof, administering state-funded programs, unless otherwise provided by law or agreement.

5.15(5) Make available records compiled by the agency in reasonable anticipation of court litigation or formal administrative proceedings. The availability of such records to the general public or to any subject individual or party to such litigation or proceedings shall be governed by applicable legal and constitutional principles, rules of discovery, evidentiary privileges and applicable regulations of the agency.

These rules are intended to implement Iowa Code section 22.11 and Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202.

205--6.1(22) General. The public may obtain information or make submissions to the board through the business office.

205--6.2(22) Communications from persons other than victims.

6.2(1) Written communication preferred. The board requests that all communications by a person other than a victim, as defined in rule 205--7.1(910A), concerning an inmate, parolee, or work releasee be in writing so that the communication may readily be made a permanent part of the case file. Oral communications concerning an inmate, parolee, or work releasee by a person other than a victim will be heard only with the consent of the board.

6.2(2) Disclosure to inmate. The board shall place a written communication concerning an inmate, parolee, or work releasee in the case file. The board shall inform an inmate, parolee, or work releasee when a communication adverse to the inmate, parolee, or work releasee will be considered in making a parole or work release decision and shall disclose to the inmate, parolee, or work releasee the substance of any opinion regarding their status unless withholding the information is requested by the person providing the statement or oral communication and the board determines that the release of the information would endanger the public's safety.

205--6.3(22) Examination of board records.

6.3(1) General. The public may examine and copy board public records pursuant to Iowa Code chapter 22 at the board's business office. An individual wishing to examine or copy a record must schedule an appointment with the board's business office a minimum of three working days prior to the date on which the individual will review the information in question. When making the appointment, the requesting party shall specifically indicate the information desired. Complete inmate files will not be released except by court order. When photocopies of documents or copies of audiotapes or videotapes are provided, the board may require the requester to pay the cost of the copies plus a reasonable charge for copying. These charges are to be determined by the lawful custodian. The board may refer anyone requesting information which has been generated by a source outside the board to the agency or individual that generated the information.

6.3(2) Lawful custodian. The board shall designate the chairperson or the chairperson's designee as the lawful custodian of the records who shall be responsible for implementing the board's rules regarding disclosure of publicrecords, coordination of staff in this regard and generally ensuring compliance by the staff with public records disclosure requirements.

205--6.4(904) Disclosure of information regarding inmates and parolees.

6.4(1) Public information. The following information regarding individuals receiving services from the department of corrections or a district department is public information and may be disclosed by the board to anyone who requests the information, except that information shall be limited to the offense for which an individual was last convicted:

a. Name.

b. Age and date of birth.

c. Sex.

d. Status (inmate, parolee, or probationer).

e. Location, except home street address.

f. Duration of supervision.

g. Offense or offenses for which the individual was placed under supervision.

h. County of commitment.

i. Arrest and detention orders.

j. Physical description.

k. Type of services received, except medical, psychiatric, psychological, substance abuse, gambling and sex offender treatment information.

l. Disciplinary reports and decisions which have been referred to the county attorney or prosecutor for prosecution, and the following information of all other disciplinary reports:

(1) The name of the subject of the investigation.

(2) The alleged infraction involved.

(3) The finding of fact and the penalty, if any, imposed as a result of the infraction.

m. Inmate risk assessment score.

6.4(2) Confidential information regarding inmates and parolees. The following information regarding individuals receiving services from the department of corrections or a district department is confidential information and shall not be disclosed to the public:

a. Home street address of the individual receiving services or that individual's family.

b. Department evaluations.

c. Medical, psychiatric, psychological, substance abuse treatment, gambling and sex offender treatment information.

d. Names of associates or accomplices.

e. Name of employer.

f. Social security number.

g. Prior criminal history including information on offenses where no conviction occurred.

h. Family and personal history.

i. Financial information.

j. Information from disciplinary reports and investigations other than identified in subrule 6.4(1).

k. Investigations by the department of corrections or other agencies which are contained in the individual's file.

l. Department of corrections committee records containing confidential information.

m. Pre-sentence investigations as provided under Iowa Code chapter 901.

n. Pretrial information that is not otherwise available in public court records or proceedings.

o. Correspondence directed to the board or the department of corrections from an individual's family, victims, or employers of a personal or confidential nature as determined by the board or the department.

p. Communications to the board by members of the public other than public officials to the extent that the board believes that those members of the public would be discouraged from making the communications if the communications were available for general public examination.

q. Victim registrations pursuant to 205--Chapter 7. A record containing information which is both public and confidential which is reasonably segregable shall not be confidential after deletion of the confidential information.

6.4(3) The board may disclose confidential information described in subrule 6.4(2) as follows:

a. The board may release statistical information which does not identify particular individuals.

b. The board may disclose information to the department of corrections; district departments; public officials for use in connection with their duties relating to law enforcement, audits, and other purposes directly connected with the administration of their programs; and public and private agencies providing services to individuals. Those receiving information shall be subject to the same standards as the board in dissemination and redissemination of information.

c. The board may disclose information when necessary for civil or criminal court proceedings pursuant to court order. The court may seek to have the court limit disclosure of confidential information.

d. The board shall give a supervised individual or former supervised individual access to the individual's ownrecords in the custody of the board except for those records that could result in physical or psychological harm to the individual or others, and disciplinary reports. Upon written authorization by a supervised individual or former supervised individual, the board may release information to any party included in the written release. This information is restricted to that which the individual can obtain.

205--6.5(904A) Inmate requests regarding risk assessment score. An inmate may request information regarding the inmate's risk assessment score from the board of parole. However, because an inmate's risk assessment score will not change unless the inmate is released from and later returned to prison, the board shall not be required to respond to more than one request regarding risk assessment score per commitment to prison from each inmate.

These rules are intended to implement Iowa Code chapter 22 and Iowa Code sections 904.601, 904.602, and 904A.4.

205--7.1(910A) Definitions.

"Notification" means mailing by regular mail or providing for hand delivery of appropriate information or papers. However, this notification procedure does not prohibit an agency from also providing appropriate information to a registered victim by telephone.

"Parole interview" means an interview conducted by the board to consider an inmate's prospects for parole pursuant to Iowa Code section 906.5.

"Registered" means having provided the county attorney with the victim's written request for registration and current mailing address and telephone number, and having been approved by said county attorney.

"Victim" means a person who has suffered physical, emotional, or financial harm as the result of a public offense, other than a simple misdemeanor, committed in this state. The term also includes the immediate family members of a victim who died or was rendered incompetent as a result of the offense or who was under 18 years of age at the time of the offense.

"Violent crime" means a forcible felony, as defined in Iowa Code section 702.11, and includes any other felony or aggravated misdemeanor which involved the actual or threatened infliction of physical or emotional injury on one or more persons.

205--7.2(910A) Victim registration. A victim may register by filing a written request-for-registration form with the county attorney. The county attorney shall notify victims in writing and advise them of their registration and rights. The county attorney shall provide the appropriate offices, agencies, and departments, including the board, with a registered victim list. The board shall determine if an individual will be accepted as a registered victim. This determination shall be based solely upon criteria set out in the Code of Iowa. A registered victim is responsible for keeping the victim's address and telephone number current with the board, in order to ensure timely notification.

205--7.3(910A) Victim notification. The board shall notify a registered victim of a violent crime not less than 20 days prior to conducting a hearing at which the board will interview the inmate, and shall inform the victim that the victim may submit the victim's opinion concerning the release of the inmate in writing prior to the hearing, or may appear personally or by counsel at the hearing to express an opinion concerning the inmate's release.

205--7.4(910A) Notification of decision. Whether or not the victim appears at the hearing or expresses an opinion concerning the offender's release on parole, the board shall notify the victim of the board's decision regarding release of the offender.

205--7.5(910A) Written opinions concerning release. A registered victim may submit a written opinion concerning the release of the inmate at any time by mailing the opinion to the business office. The written opinion shall be made a permanent part of the inmate's file and shall be reviewed when the board considers the inmate's prospects for parole.

205--7.6(910A) Appearances at parole interviews.

7.6(1) A registered victim of a violent crime may appear personally or by counsel at a parole interview to express an opinion concerning the release of the inmate.

7.6(2) If a registered victim of a violent crime intends to appear at a parole interview, the victim must comply with the rules of the department of corrections that require a visitor to a state institution to give prior notice of the intended visit and to receive approval for the visit.

7.6(3) A registered victim of a violent crime, or victim's counsel, shall appear at the institution at the time set forth in the notice of parole interview. The victim or counsel shall inform institutional personnel of the purpose of the appearance. Institutional personnel shall coordinate the appearance of the victim or victim's counsel with the board. At the appearance, the board shall permit the victim or victim's counsel to express an opinion concerning the release of the inmate.

205--7.7(910A) Disclosure of victim information. Information regarding a registered victim, as well as the existence of a registered victim in a particular case, is confidential and shall not be disclosed to the public. A victim's registration, and the substance of any opinion submitted by the victim regarding the inmate's release, shall be disclosed to the inmate, unless the victim requests that the information be withheld and the board determines that releasing the information would endanger the safety of the person providing the statement of testimony.

These rules are intended to implement Iowa Code chapter 910A.

205--8.1(906) Purpose of parole and work release considerations. The board shall determine whether there is reasonable probability that an inmate committed to the custody of the department of corrections who is eligible for parole or work release can be released without detriment to the community or the inmate. The board shall consider the best interests of society and shall not grant parole or work release as an award of clemency.

205--8.2(906) Parole and work release eligibility.

8.2(1) Mandatory sentences. The board shall not grant parole to an inmate serving a mandatory minimum sentence. The board shall not grant work release to an inmate serving a mandatory minimum sentence unless the inmate is within six months of completing the mandatory minimum portion of the sentence. A parole or work release granted contrary to this rule shall be rescinded. Mandatory sentences are as follows:

a. A life sentence imposed for conviction of a Class "A" felony pursuant to Iowa Code section 902.1;

b. A mandatory minimum sentence imposed for use of a firearm pursuant to Iowa Code section 902.7;

c. A mandatory minimum sentence imposed for violation of uniform controlled substance provisions pursuant to Iowa Code section 204.406 or 204.413;

d. A mandatory minimum sentence imposed for being an habitual offender pursuant to Iowa Code section 902.8;

e. A mandatory minimum sentence imposed for a prior forcible felony pursuant to Iowa Code section 906.5.

8.2(2) Parole and work release while on patient status. Generally, the board will not grant parole or work release to an inmate on patient status.

8.2(3) Parole to detainer. The board may grant parole to an inmate against whom a detainer has been placed by another state. Generally, the board will not parole an inmate to a detainer that is solely for prosecution.

8.2(4) Parole to other states. The board may grant parole to another state pursuant to the provisions of the interstate parole and probation compact set forth in Iowa Code chapter 907A.

205--8.3(904A) Inmate orientation. Reserved.

205--8.4(906) Prior forcible felony mandatory minimum sentence. The board shall deny parole or work release to an inmate who is serving a mandatory minimum sentence pursuant to Iowa Code section 906.5.

205--8.5(904A) Risk assessment. The board shall assess the risk of an inmate committed to the custody of the department of corrections. The board shall utilize a risk assessment instrument approved by the board by resolution.

205--8.6(906) Parole and work release considerations.

8.6(1) Case reviews. The board may review the records of an inmate committed to the custody of the department of corrections and consider the inmate's prospects for parole or work release at any time. The board shall only notify an inmate granted parole or work release, except as provided in 8.6(3).

8.6(2) Interviews. The board may interview an inmate committed to the custody of the department of corrections at any time.

8.6(3) The board shall review the status of each inmate as directed by the Iowa Code and shall provide the inmate with notice of its parole or work release decision. After an inmate has been granted work release, the board shall review the inmate's status at least annually from the date of the decision to grant work release.

8.6(4) Class "A" felons, and Class "B" felons serving a sentence of more than 25 years, are excepted from the annual review requirement of 8.6(3).

8.6(5) Inmates serving a mandatory minimum sentence are excepted from the annual review requirements of 8.6(3) until such time as the mandatory minimum has expired.

8.6(6) Corrections initiated review. The department of corrections may recommend an inmate for parole or work release consideration at any time. The board shall discuss such a recommendation with corrections staff during the next regularly scheduled board session involving the institution where the inmate in question is incarcerated. The board may, at its discretion, interview the inmate prior to acting upon the recommendation of the department of corrections staff.

205--8.7(906) Parole and work release information. The board shall notify the department of corrections or a district department when an inmate is to be considered for parole or work release. The receipt of notice by the department of corrections or the district department shall constitute a request for updated information on the inmate. The board shall request information required for parole or work release decision making. The department of corrections or the district department shall furnish updated information to the board.

205--8.8(906) Interview notice. The board or the board's designee shall notify an inmate to be interviewed for parole or work release consideration of the time and purpose of the interview. Notice given to the department of corrections shall be considered notice to the inmate. Not less than 20 days prior to the interview, the board shall also notify the department of corrections of the scheduling of the interview, and the department shall make the inmate available to the board at the inmate's institutional residence as scheduled in the notice. However, if health, safety, or security conditions require moving the inmate to another institution or facility prior to the scheduled interview, the department of corrections shall so notify the board.

205--8.9(906) Continuance. The board may reschedule or continue a parole or work release interview upon its own motion or upon a showing of good cause, as determined by the board.

205--8.10(906) Factors considered in parole and work release decision.

8.10(1) The board may consider the following factors and others deemed relevant to the parole or work release decision:

a. Previous criminal record;

b. Nature and circumstances of the offense;

c. Recidivism record;

d. Convictions or behavior indicating a propensity for violence;

e. Participation in institutional programs, including academic and vocational training;

f. Psychiatric and psychological evaluations;

g. Length of time served;

h. Evidence of serious or habitual institutional misconduct;

i. Success or failure while on probation;

j. Prior parole or work release history;

k. Prior refusal to accept parole or work release;

l. History of drug or alcohol use;

m. A parole plan formulated by the inmate;

n. General attitude and behavior while incarcerated;

o. Risk assessment.

8.10(2) Psychological and psychiatric evaluations. The board may request a complete psychiatric or psychological evaluation of an inmate whenever, in the opinion of the board, it would be beneficial to its decision. The board shall routinely request an evaluation of an inmate convicted of a crime involving sexual abuse or personal violence, or of an inmate who has committed assaults or violent acts while incarcerated.

205--8.11(906) Information disclosure to inmate.

8.11(1) The board shall normally consider only information that has been reviewed by the inmate, except where the board deems such review not feasible. The information shall be considered only if the following safeguards are followed:

a. The staff of the department of corrections shall discuss the information with the inmate and disclose to the inmate any factual allegations if the disclosure can be done in a manner that protects confidential sources.

Factual allegations shall include but not be limited to:

(1) Any statements attributed to the inmate;

(2) Any allegations of criminal or antisocial behavior with or without court conviction from within or without the institution;

(3) Any allegations of threats made by the inmate;

(4) Any allegations of drug addiction or alcoholism;

(5) Any allegations regarding family history, employment or education;

(6) Disciplinary record at the institution.

b. If any information from outside institutions under the supervision of the department of corrections is to be considered by the board, and it is necessary to protect the source, the inmate shall be informed of at least the following:

(1) The general substance of the information;

(2) The number of communications;

(3) The type of communications.

The inmate shall be given the opportunity to respond to information.

c. The inmate's reports from institutions under the supervision of the department of corrections, including reception reports, progress reports, medical reports, and social information or reports, should, to the extent possible, be structured so as to separate opinion from factual information. The factual information shall be made available for review by the inmate; opinion information shall be confidential. Psychiatric or psychological test results or diagnosis shall be deemed confidential.

8.11(2) A parole liaison officer may review any file and investigate any facts, allegations, opinions, or comments contained therein. If communications adverse to the inmate or parolee are considered by the board, the inmate or parolee shall be informed of the fact.

205--8.12(906) Interview procedure. The board panel shall interview the inmate and consider the inmate's records with respect to history, current situation, parole and work release prospects, and other pertinent matters. The panel shall give the inmate ample opportunity to express views and present materials.

205--8.13(906) Case review procedure. The board panel may consider the inmate's records and other information with respect to history, current situation, parole and work release prospects, and other pertinent matters. A case review may take place at any time and is in addition to any other required review.

205--8.14(906) Conduct at parole proceedings.

8.14(1) Parole proceedings shall be open to the public except as otherwise necessary or proper.

8.14(2) Conduct of inmate.

a. Conduct of the inmate shall be in a manner consistent with decorum appropriate for a participant in a public meeting of a governmental body.

b. An inmate may not orally or otherwise communicate with spectators or others present at the parole proceeding except as permitted by the panel or board.

c. The inmate should speak to the panel or board or counselor only when asked a question or directed otherwise to do so.

d. Each inmate will be given an opportunity to make an independent statement to the panel or board at some point during the parole proceeding. The panel or board may limit this statement in any manner as to topic or time. Specifically subject to this limitation will be persons who have no realistic grounds to believe a parole will be granted; i.e., those with mandatory minimum sentences, those serving life terms, or those having served short times relative to the severity of their crimes and length of their sentences.

e. Failure to comply with the direction of the panel or board in limiting statements, in communicating with persons present at the parole proceeding, or any absence of decorum which could disrupt or delay the proceeding may, at the discretion of the board, result in a forfeiture of the right to an interview, and a request by the board to have the institutional staff remove the inmate.

f. An inmate who forfeits the right to an interview for reasons under 8.14(2)"e" or for any other reason shall not be interviewed again until the inmate's next annual review, or until such earlier time as determined by the board, except that the inmate may request an earlier interview. The request is to be made through the board liaison officer, the counselor or other institutional staff member, or the ombudsman, together with assurance by the inmate that no repeat of the offending conduct or other offending conduct will occur. A reinterview is subject to the discretion of the panel or board.

8.14(3) Conduct of spectators.

a. Spectators may not participate in the parole proceedings. The number of spectators will be limited by the number of seats provided. Only board staff or institutional staff will be allowed to stand during the interviews or between interviews, except during breaks of the panel or board or as necessary to enter and leave during times designated by the panel. An exception will be made for television camera operators.

b. Spectators may not enter or leave the room during interviews or between interviews, except that the board panel will designate times when persons may enter and leave. This will be done at reasonable intervals and may be between interviews even though the board does not take a break.

c. Entering and leaving the interview room before and after the interview sessions and during breaks in the interview sessions shall be subject to the restrictions imposed by the staff of the institution at which the session is being held.

d. Spectators shall make no utterances which are intended to be or can be heard by the inmate or the panel. This includes any conversation among spectators.

e. Spectators shall conduct themselves in a manner consistent with decorum appropriate for a public meeting of a governmental body.

f. Any activity deemed inappropriate by the panel or institutional staff under the guidelines in the rules may result in a request by the panel or institutional staff for the offending party or parties to leave. Warnings for inadvertent or minor misconduct may or may not be given the first time and any subsequent offending activity will result in a request to leave. Refusal to leave upon request will result in a request by the panel to have the person or persons removed by the institutional staff.

All spectator places shall be on a first-come, first-served basis in accord with the rules of the institution or the department of corrections.

g. Spectators who leave during a time designated for entering or leaving or during a short break by the panel may retain their place if the person returns at the next time designated for that purpose. A person does not retain a place at the hearing over breaks taken for lunch, dinner, or overnight.

8.14(4) Conduct of the media.

a. General. Broadcasting, televising, recording and photographing will be permitted in the interview room during open sessions of the board or panels, including recesses between sessions, under the following conditions:

(1) Permission first shall have been granted by the institution or department of corrections, which may prescribe conditions and restrictions for bringing equipment into areas of the institution.

(2) Media coverage is prohibited of any proceeding which is held in closed session under Iowa law.

(3) The quantity and types of equipment permitted in the interview room shall be subject to the discretion of the panel or board within the guidelines in these rules, and subject to the permission of the institution or department of corrections.

(4) Notwithstanding the provisions of any of these procedural or technical rules, the panel or board may permit the use of other equipment provided the application for variance is made in advance. Ruling upon the variance application shall be in the discretion of the panel or board, subject to permission of the institution or department of corrections to bring in or move equipment.

(5) The panel or board may limit or terminate photographic or electronic media coverage of any or all media participants at any time during the proceedings in the event the panel or board finds that rules established under this chapter or additional rules imposed by the institution or department of corrections have been violated.

(6) The rights of motion picture and electronic coverage provided herein may be exercised only by persons or organizations which are part of the news media, except that individuals may use sound tape recorders.

b. Advanced notice of coverage. All requests by representatives of the news media to use television cameras or electronic sound recording equipment in the interview room shall be made to the institution in accord with department of corrections rules.

c. Equipment specifications. Equipment to be used by the media or public in interview rooms or meeting rooms during interview proceedings or board meetings held at the institutions must be unobtrusive and must not produce distracting sound. In addition, the equipment must satisfy the following criteria, where applicable:

(1) Still cameras. Still cameras and lenses must be unobtrusive, without distracting light or sound.

(2) Television camera and related equipment. Television cameras are to be electronic and, together with any related equipment to be located in the interview room, must be unobtrusive in both size and appearance, without distracting sound or light. Television cameras are to be designed or modified so that participants in the parole interview being covered are unable to determine when recording is occurring.

(3) Audio equipment. Microphones, wiring and audio recording equipment shall be unobtrusive and shall be of adequate technical quality to prevent interference with the proceeding being covered. Any changes in existing audio systems must be approved by the panel or board. No modifications of existing systems shall be made at public expense.

(4) Advance approval. It shall be the duty of media personnel to demonstrate to the panel or board reasonably in advance of the proceeding that the equipment sought to be utilized meets the criteria set forth in this rule. Failure to obtain advance panel or board approval for equipment may preclude its use in the proceeding. All media equipment and personnel shall be in place at least 15 minutes prior to the scheduled time of commencement of the proceeding.

d. Lighting. Other than light sources already existing in the interview room, no flashbulbs or other artificial light device of any kind shall be employed in the interview room. With the concurrence of the panel and institutional staff, however, modifications may be made in light sources existing in the interview room (e.g., higher wattage light bulbs), provided the modifications are installed and maintained without public expense.

e. Equipment and pooling. The following limitations on the amount of equipment and number of photographic and broadcast media personnel in the interview room shall apply:

(1) Still photography. Not more than two still photographers, each using not more than two camera bodies and two lenses, shall be permitted in the interview room during a parole proceeding at any one time.

(2) Television. Not more than two television cameras, each operated by not more than one camera person, shall be permitted in the interview room during a parole proceeding. All components must be contained within the area designated for the camera. Where possible, recording and broadcasting equipment which is not a component part of a television camera shall be located outside of the interview room.

(3) Audio. Not more than one audio system shall be set up in the interview room for broadcast coverage of a parole proceeding. Audio pickup for broadcast coverage shall be accomplished for any existing audio system present in the interview room, if the pickup would be technically suitable for broadcast. Where possible, electronic audio recording equipment and any operating personnel shall be located outside of the interview room.

(4) Pooling. Where the above limitations on equipment and personnel make it necessary, the media shall be required to pool equipment and personnel. Pooling arrangements shall be the sole responsibility of the media and the panel or board shall not be called upon to mediate any dispute as to the appropriate media representatives authorized to cover a particular parole proceeding.

f. Location of equipment and personnel. Equipment and operating personnel shall be located in, and coverage of the proceedings shall take place from, an area or areas within the interview room designated by the panel or institutional staff. The area or areas designated shall provide reasonable access to the proceeding to be covered.

g. Movement during proceedings. Television cameras and audio equipment may be installed in or removed from the interview room only when the panel or board is not in session. In addition, the equipment shall at all times be operated from a fixed position. Still photographers and broadcast media personnel shall not move about the interview room while proceedings are in session, nor shall they engage in any movement which attracts undue attention. Still photographers shall not assume body positions inappropriate for spectators.

h. Decorum. All still photographers and broadcast media personnel shall be properly attired and shall maintain decorum appropriate for public meeting of a governmental body at all times while covering a parole proceeding.

205--8.15(906) Parole and work release decisions.

8.15(1) The board shall grant parole to an inmate on work release status if at least three members of the board agree that the inmate can be released without detriment to the community or to the inmate. If three members do not agree, the board shall deny parole.

8.15(2) The board shall grant parole or work release to an inmate with a risk assessment score of one, two, three, four, five, or six only if at least three members of the board agree that the inmate can be released without detriment to the community or to the inmate. If three members do not agree, the board shall deny parole or work release.

8.15(3) The board shall defer granting parole or work release to an inmate with a risk assessment score of seven or eight and refer the case to the full board for review. The full board shall grant parole or work release only if at least four members agree that the inmate can be released without detriment to the community or to the inmate. If four members do not agree, the board shall deny parole or work release. If there are not four board members available due to unfilled vacancies on the board, conflicts of interest of board members, illness, or other reason, the board chair may, upon consultation with the board, suspend the four-vote requirement and allow parole or work release to be granted upon three votes.

8.15(4) The board shall defer granting parole or work release to an inmate with a risk assessment score of nine and refer the case to the full board for review. The full board shall grant parole or work release only if the board members unanimously agree that the inmate can be released without detriment to the community or to the inmate. If the board members do not unanimously agree, the board shall deny parole or work release. If any of the five board members are not available due to unfilled vacancies on the board, conflicts of interest of board members, illness, or other reason, the board chair may, upon consultation with the board, suspend the five-vote requirement and allow parole or work release to be granted upon four votes if one board member is unavailable, or upon three votes if two board members are unavailable.

8.15(5) The board may determine if an inmate shall be required to provide a physical specimen to be submitted for DNA profiling as a condition of parole or work release. The board shall consider the deterrent effect of DNA profiling, the likelihood of repeated violations by the offender, and the seriousness of the offense. When funds have been allocated from the general fund of the state, or funds have been provided by other public or private sources, the board shall order DNA profiling, if appropriate.

205--8.16(906) Notice of parole and work release decision.

8.16(1) The board shall give notice of a decision to grant parole by issuing an order for parole to the facility where the inmate in question is incarcerated.

8.16(2) The board shall give notice of a decision to grant work release by issuing an order for work release to the facility where the inmate in question is incarcerated.

8.16(3) The board shall give notice of a decision to deny parole or work release by issuing a notice of parole or work release denial to the facility where the inmate in question is incarcerated.

8.16(4) The board need not disclose a decision to grant or deny parole or work release to anyone other than the inmate in question and the facility where the inmate is incarcerated until at least two working days have elapsed from the date of the decision.

These rules are intended to implement Iowa Code chapter 906 and Iowa Code section 904A.4(8).

205--10.1(906) Release processing. Following the issuance of an order for parole or work release by the board, the inmate shall be processed for release pursuant to the rules and procedures of the department of corrections and the district department.

205--10.2(906) Parole supervision. An inmate granted parole or work release shall be under the supervision of the department of corrections, the district department, or a receiving state pursuant to the interstate probation and parole compact. Parole supervision shall continue until the expiration of the maximum sentence, subject to early discharge by the board or the district department.

205--10.3(906) Parole or work release agreement. A parole or work release agreement containing standard and special conditions of parole or work release shall be prepared without unreasonable delay following the board's issuance of the order for parole or work release. The parole or work release shall not commence until the inmate has signed the agreement. If the inmate is on work release status at the time parole is granted, the inmate shall remain on work release status until the parole agreement is signed. The inmate shall remain at the residential facility until the parole agreement is signed.

These rules are intended to implement Iowa Code chapter 906.

205--11.1(906) Voluntary termination of parole. Any voluntary termination of parole should be executed in writing by the parolee and approved by the parole officer. Upon the execution of the voluntary termination of parole, the parolee's parole is terminated and the parolee shall be returned to the Iowa Medical and Classification Center at Oakdale as soon as reasonably possible.

The parole officer shall determine if the parolee shall be incarcerated prior to the parolee's return to the Iowa Medical and Classification Center and shall make arrangements accordingly. The parolee shall receive credit for the time spent on parole prior to the voluntary termination of parole.

205--11.2(906) Prerevocation procedures. Reserved.

205--11.3(908) Revocation initiated. Parole revocation procedures shall be initiated only as provided by Iowa Code chapter 908, which this rule is intended to implement.

205--11.4(908) Revocation of parole. The board of parole or its administrative parole judge for good cause shown may revoke any parole previously granted. Good cause for revocation of parole shall include the violation of a condition or conditions of the parole agreement, or parole plan. Parolerevocation procedures, including the parole revocation hearing, are governed by Iowa Code chapter 17A.

205--11.5(908) Parole violations.

11.5(1) The parole officer shall report to the board any parolee who is reasonably believed to have engaged in the following kinds of behavior:

a. Violation of any federal or state laws, except simple misdemeanors.

b. Any violent or assaultive conduct.

c. Possession, control or use of any firearms, imitation firearms, explosives or weapons as defined in federal or state statutes.

d. Sale, possession, continual or problem use, transportation or distribution of any narcotic or other controlled substance or excessive use of alcohol by the parolee.

e. A parolee whose whereabouts are unknown and has been unavailable for contact for 30 days, or reliable information has been received indicating that the parolee is taking flight or absconding.

f. Any behavior indicating the parolee may be suffering from a mental disorder which impairs the parolee's ability to maintain the parolee in the community or which makes the parolee a danger to the parolee or others when the mental disorder cannot be adequately treated while in the community.

g. Any other conduct or pattern of conduct in violation of the conditions of parole deemed sufficiently serious by the parole officer.

11.5(2) The parole officer or supervisor is authorized to dispose of any other parolee misconduct not required to be reported above.

205--11.6(908) Parole violation report. The parole violation report is a document prepared by the parole officer on a form or media provided by the board specifying the parole violation charges against a parolee and containing or referring to information known to the parole agent relevant to the charges.

11.6(1) Supplemental parole violation report. A supplemental parole violation report may be submitted to report sufficient new information or evidence which proves or disproves violations previously charged; note court action on charges which are being prosecuted in a criminal proceeding or expand, clarify, or correct information in an earlier report; provide the board with information not related to the violation but which may affect the board's decision regarding the appropriate disposition; and provide additional requested information to the board at any time or change the officer's recommendation. A supplemental report shall be filed upon the apprehension of a parolee on absconder status.

11.6(2) Recommendations. The parole officer shall recommend the appropriate disposition necessary to deal with the alleged violation. In a parole violation report the parole agent may make the following recommendations:

a. Continue on parole. This recommendation may be used when a violation charge is not serious enough to warrant reincarceration. A copy of the violation report containing a "continue on parole" recommendation shall be personally delivered and explained to the parolee, by the parole officer, and the parolee shall be given an opportunity to admit the alleged violations. Admitted violations contained in the report may be used to adjust time calculations in a later revocation proceeding. In the event that a dispute arises as to alleged violations, the parolee may request a parole hearing. The senior administrative parole judge shall review the violation report and enter an order either affirming the recommendation to continue on parole or scheduling the matter for a parole revocation hearing before another administrative parole judge.

A parolee shall be allowed only two violation reports containing a "continue on parole" recommendation in a 12-month period; then a parole revocation hearing must be scheduled.

Generally, violations occurring over 12 months prior to the request for a parole revocation hearing will not be used to adjust time calculations, except in absconder cases and related matters.

b. Schedule for revocation proceedings. This recommendation may be used whenever the violation(s) alleged is so serious that reincarceration is necessary.

c. Delay action. This recommendation is used when there is a lack of information at the time the report is submitted or because charges are still pending and final disposition is unknown, or the whereabouts of the parolee are unknown. The parole officer shall notify the board of the reason(s) for the recommendation to delay action.

d. Issue a detainer. This recommendation is used to request that an Iowa detainer be placed against an Iowa parolee who is serving time in another jurisdiction for an offense committed while on parole which would constitute a felony or aggravated misdemeanor if committed in Iowa.

e. Continue on parole and impose special condition 209A of the parole agreement, participation in the violator's program. This recommendation may be used when there has been violation of parole, but treatment at the violator's program is seen as a reasonable alternative to revocation of parole.

f. Automatic revocation. This recommendation may be used when a parolee has been convicted and sentenced to a new felony.

11.6(3) District review.

a. Parole officer's responsibility. After discovery of information indicating a possible violation of parole, and determination by the parole officer that the violation(s) must be reported to the board, the parole officer shall prepare a parole violation report.

b. Parole supervisor review. After the preparation of a parole violation report, the supervisor shall review the report. If the supervisor concurs with the recommendation made, the supervisor shall submit the report to the business office of the parole board for review and scheduling of a parole revocation hearing, if required.

205--11.7(908) Parole revocation hearing. Following receipt of a parole officer's request for a parole revocation hearing, the administrative parole judge or board designated officer shall set the date, time and place of the parole revocation hearing and shall cause a notice of parole revocation hearing to be completed. The parole revocation hearing shall be held in any county in the same judicial district as that in which the alleged parole violator had the initial appearance, or in the county from which the warrant for the arrest of the alleged parole violator was issued.

11.7(1) Parole revocation hearing notice. The parole officer or board's designated officer shall cause to be prepared a written notice to the parolee of the date, time, and place of the parole revocation hearing which shall:

a. Include a complete copy of the report of violations including all documents referred to therein except confidential material defined in 205--subrule 6.4(2).

b. Be served upon the parolee by personal service. The notice may be served by any person 18 years or older at least seven days prior to the parole revocation hearing unless the parolee waives the right to seven days' advance notice.

c. Inform the parolee of the purpose of the hearing; the violations of parole conditions alleged; the circumstances of the alleged violations; the possible action which may be taken as a result of the revocation proceedings; and the following rights to which the parolee shall be entitled at the parole revocation hearing. The right to:

(1) Appear and speak in their own behalf and to be aided by an interpreter if aid is determined to be necessary by the administrative parole judge.

(2) Representation by an attorney or, if the parolee is indigent, the right to representation by an attorney pursuant to rule 26 of the Iowa Rules of Criminal Procedure.

(3) Remain silent.

(4) Present witnesses to testify in the parolee's behalf as to matters relevant to the alleged violation of parole.

(5) Confront and cross-examine adverse witnesses unless the administrative parole judge determines that such witnesses would be subjected to risk of harm.

(6) Present documentary evidence and any relevant material or information.

11.7(2) Testimony at parole revocation hearing. All testimony shall be under oath.

11.7(3) Parole revocation hearing recorded. Parole revocation hearings shall be mechanically recorded. The recording or transcription thereof shall be filed and maintained by the board of parole for at least five years from the date of the parole revocation hearing.

11.7(4) Witnesses segregated. The administrative parole judge on the judge's own motion or on the request of the parolee, parolee's counsel, or any representative of the state may order witnesses to be segregated except that the parole officer, parolee, and counsel may be present at all times at the hearing.

11.7(5) Parole revocation hearing evidence. The admissibility of evidence at parole revocation proceedings is governed by Iowa Code section 17A.14.

a. Documentary evidence. The parole officer shall ensure all relevant documentary evidence is available at the hearing and has been made available to the parolee and the parolee's attorney prior to the hearing unless designated confidential. This evidence includes the violation report and statements of witnesses. When relevant documentary evidence is not available, the parole officer shall specify what evidence is unavailable and why.

b. Physical evidence. Physical evidence is ordinarily not required at the hearing. The parole officer may bring physical evidence to the hearing if the parolee has requested it or it appears necessary for the hearing, security is not endangered and there is no other means of presenting the information.

11.7(6) Witnesses.

a. Parolee request. A parolee may request either friendly or adverse witnesses. If a witness is requested by the parolee or the parolee's attorney, the parolee or the parolee's attorney shall notify the parole officer.

b. Parole officer request. If, in preparing the case prior to the hearing, the parole officer requires a particular witness to demonstrate essential facts of violation, attendance of that witness may be requested by the officer even though the parolee has not requested that witness. If a witness is requested by the parole officer, the officer shall notify the parolee or the parolee's attorney.

c. Witnesses' transportation. All witnesses shall provide their own transportation.

d. Fearful witnesses. All witnesses who refuse to attend the hearing either because they would be subjected to risk of harm if their identities were disclosed or who, even if their identities were known, fear for their safety should they attend the hearing shall be interviewed by the parole officer prior to the hearing, their information documented in writing or on tape, the reasons for their fear should also be documented, and the administrative parole judge shall determine whether good cause exists to excuse the witness's attendance and shall document the decision including the reasons.

e. Interviewing witnesses. A parolee or the parolee's attorney has the right to speak to possible witnesses, but it is completely within the discretion of an individual witness whether to speak to or disclose the witness's whereabouts to a parolee or the parolee's attorney. No attempt should be made by the parole board staff to influence the witness's decision.

11.7(7) Subpoenas--general. Subpoenas may be issued to require the attendance of witnesses or the production of documents at parole revocation hearings.

a. Who may request. The parolee, the parolee's attorney, parole officer, and board staff may request that a subpoena be issued.

b. To whom made. Requests shall be made directly to the administrative parole judge or the board designated officer as appropriate.

c. When made. The request shall be made prior to the scheduled hearing.

d. Subpoena duces tecum. The request for a subpoena duces tecum shall be accompanied by a declaration in support of the request. The declaration must show good cause for production of documentary evidence and specify precisely the documentary evidence to be produced, the relevance and materiality of that evidence to the hearing, and that the requested witness has possession or control of the documentary evidence.

e. The board of parole shall not be required to pay subpoena service fees, witness fees, or witness transportation expenses.

11.7(8) Continuances.

a. A hearing may be continued by the presiding administrative parole judge for good cause shown, either upon the presiding judge's own motion or upon the request of a party. A party's request for continuance shall be made in writing prior to the hearing to the board business office. Each party shall be granted only one continuance except that in the case of extreme emergency, determined by the presiding administrative parole judge, further continuance may be granted.

b. If, because of an emergency or other good cause, a party having received timely notice is unable to attend the hearing or request continuance within the allotted time, the presiding administrative parole judge may continue the hearing and schedule another hearing with notice to all interested parties.

c. A notice of continuance may be served upon the parolee's attorney of record for the parole revocation proceeding, in lieu of personal service upon the parolee.

d. If a notice of continuance does not involve any new allegations of parole violation, it need not be served upon the parolee or the parolee's attorney of record at least seven days prior to the hearing date. However, if the notice of continuance includes allegations of violations beyond those contained in the original notice of hearing, it must be served upon the parolee or the parolee's attorney of record at least seven days prior to the hearing date.

11.7(9) Areas of responsibility. The following areas of responsibility will apply for parole revocation hearing.

a. The parole officer will be responsible for the following:

(1) Coordinating and scheduling location, security, and control of the parole revocation hearing in a courtroom unless good cause is established prior to the hearing;

(2) Preparing notice of hearing forms and causing the notices to be served;

(3) Notifying parolee's attorney of record of hearing date, time, and place;

(4) Notifying all necessary state witnesses of the hearing date, time, and place;

(5) Processing any required subpoenas on behalf of the state;

(6) Ensuring all relevant state documents, forms, and materials are available at the hearing;

(7) Attending the hearing;

(8) Arranging security for posthearing transfer of the parolee in the event incarceration is ordered.

b. The administrative parole judge shall be responsible for the following:

(1) Maintaining records on all hearings in the field;

(2) Advising the business office regarding progress of each case;

(3) Forwarding to the business office all materials and forms when hearings are completed.

11.7(10) Parole revocation hearing--adjudication.

a. At the conclusion of the adjudication stage of the hearing, the administrative parole judge shall determine whether the parolee has violated the conditions of parole and shall verbally advise the parolee of the decision.

b. If the administrative parole judge determines that the parolee has not violated the conditions of parole, the judge shall order that the parolee be released from custody and continued on parole.

c. If the administrative parole judge finds that the parolee has violated a condition or conditions of parole, the judge shall make one of the following dispositions at the parole revocation hearing:

(1) Revocation of the parole;

(2) Revocation of the parole with the parolee placed on work release;

(3) Reinstatement of the parole with the previous parole conditions;

(4) Reinstatement of the parole with a modification of the parole conditions;

(5) Continuation of the dispositional portion of the hearing.

d. The administrative parole judge shall determine from the record established at the final revocation hearing the date(s) of violation of parole. The judge shall also determine the number of days of parole which shall not be counted toward the discharge of the parolee's sentence. This number shall not exceed the number of days after the date of first violation during which the parolee was not incarcerated.

11.7(11) Parole revocation--hearing summary. The administrative parole judge, or the board's designated officer, shall forward a summary of parole revocation hearing to the parolee, parolee's attorney, the parole officer, and the board office as soon as reasonably possible following the parole revocation hearing. The summary of the parole revocation shall consist of a summary of the proceeding and shall contain the judge's findings of fact, conclusions of law and disposition of the matter.

11.7(12) Parole revocation hearing--conduct of the media. The rules governing the conduct of the media at parole interviews as set out in 205--subrule 8.14(4) shall also apply to parole revocation hearings, except that decisions committed to the discretion of the board or board panel in that rule shall be made by the presiding administrative parole judge.

205--11.8(908) Appeal or review. The order of the administrative parole judge shall become the final decision of the board of parole unless, within ten days of the date of the decision, the parole violator appeals the decision or a panel of the board reviews the decision on its own motion. On appeal or review of the judge's decision, the board panel has all the power which it would have in initially making the revocation hearing decision. The appeal or review shall be conducted pursuant to rules adopted by the board of parole. The record on appeal or review shall be the record made at the parole revocation hearing conducted by the administrative parole judge. Appeals must be received at the parole office or be postmarked by the applicable date or they will not be considered.

205--11.9(908) Interstate compact probable cause hearings. The Iowa board of parole may conduct interstate compact parole probable cause hearings under the same procedures as the Iowa parole revocation hearings.

11.9(1) Interstate compact probable cause hearings. The Iowa board of parole, or an administrative parole judge, may conduct a probable cause hearing for a parolee from another state who is on parole in Iowa under the terms of the interstate compact on parole and probation according to the same procedures which govern parole revocation hearings for Iowa parolees who are on parole in Iowa.

11.9(2) Interstate compact parole revocation hearings. If an Iowa parolee was on parole outside the state of Iowa through the interstate compact on probation and parole and has been returned to Iowa following a finding of probable cause in the receiving state, a parole revocation hearing shall be conducted for the parolee at the Iowa institution at which the parolee is incarcerated. This hearing shall be conducted according to the same procedures as those specified for hearings conducted for Iowa parolees who are on parole in the state of Iowa.

205--11.10(908) Parolee convicted of new offenses. A parolee who is found guilty of a new offense or who pleads guilty to a new offense, including simple misdemeanors, has no right to the adjudication stage of the parole revocation hearing with regard to the new offense.

205--11.11(908) Waivers. When the parole officer makes a recommendation to the board of parole for revocation of parole, the parole officer shall inform the parolee of the parolee's rights and afford the parolee the opportunity to execute a waiver of parole revocation hearing.

The parole officer should also inform the parolee of the opportunity to waive the parolee's right to personal appearance and consent to the parole revocation hearing being conducted over the telephone.

11.11(1) Waiver of parole revocation hearing. A waiver of parole revocation hearing shall constitute an admission of the alleged violation(s) and shall include a waiver of any right to a personal appearance before the administrative parole judge to contest the violations.

11.11(2) Parole revocation hearing waiver procedures. If the parolee desires to execute a waiver of parole revocation hearing, the waiver shall be entered on the appropriate form provided by the board which shall be signed by the parolee in the presence of the administrative parole judge or the parole officer/supervisor if conducted electronically. The administrative parole judge shall make a verbatim record of the waiver proceeding and shall address the parolee personally and inform the parolee of and determine that the parolee understands the contents of the waiver form which shall include:

a. The nature of the parole violation to which the waiver is addressed;

b. The legal rights of the parolee;

c. The fact that the execution of the waiver constitutes an admission of the alleged violation(s);

d. The fact that the parolee may be committed to the custody of the department of corrections without further proceedings.

(1) A waiver is complete and final upon execution.

(2) A waiver may be appealed according to the parole board's parole revocation appeal process in rule 205-- 11.8(908).

11.11(3) Waiver of the right to personal appearance. In the event the parolee executes a waiver of the right to personal appearance and consent to parole revocation hearing to be conducted over the telephone, the parole revocation hearing should be scheduled and conducted as a routine parole revocation hearing with the exception that it shall be conducted electronically.

205--11.12(908) Conviction of a felony while on parole. When a parolee is convicted and sentenced to incarceration in Iowa for a felony committed while on parole, or is convicted and sentenced to incarceration under the laws of any other state of the United States or a foreign government or country for an offense committed while on parole, and which if committed in Iowa would be a felony, the parolee's parole shall be deemed revoked as of the date of the commission of the offense.

11.12(1) The parole officer shall inform the sentencing judge that the convicted defendant is a parole violator. The term for which the defendant shall be imprisoned as a parole violator shall be the same as that provided in cases of revocation of parole for violation of the conditions of parole. The new sentence of imprisonment for conviction of a felony shall be served consecutively to the sentence for which the defendant was on parole, unless a concurrent term of imprisonment is ordered by the court.

11.12(2) The parole officer shall forward to the board of parole a violation report together with a file-stamped copy of the judgment entry and sentencing order for the offense committed during the parole. An administrative parole judge shall review the violation report and the judgment entry and sentencing order and, if satisfied that the conditions of Iowa Code section 908.10 and of this rule have been met, shall issue an order revoking the parole. The judge shall also determine the date of commission of the felony offense and the date of subsequent incarceration in a state institution. Time loss shall be the time between these two dates, except that the parolee shall receive credit for any time the parolee was incarcerated in a county jail between these two dates.

11.12(3) The parolee shall be notified in writing that the parole has been revoked on the basis of the new conviction, and a copy of the commitment order shall accompany the notification. The parolee's record shall be reviewed pursuant to the provision of Iowa Code section 906.5, or as soon as practical after a final reversal of the new conviction.

11.12(4) An inmate may appeal the revocation of parole under this rule according to the procedure indicated in rule 205--11.8(908).

11.12(5) Neither the administrative parole judge nor the board shall retry the facts underlying any conviction.

These rules are intended to implement Iowa Code chapters 906 and 908.

205--12.1(906) Voluntary termination of probation. Any voluntary termination of probation should be executed in writing by the probationer and approved by the probation officer. Upon the execution of the voluntary termination of probation, the probationer's probation is terminated and the probationer shall be committed to the Iowa Medical and Classification Center at Oakdale as soon as reasonably possible. The probation officer shall determine if the probationer shall be incarcerated prior to the probationer's commitment to the Iowa Medical and Classification Center and shall make arrangements accordingly.

205--12.2(906) Prerevocation procedures. Reserved.

205--12.3(908) Revocation initiated. Probation revocation procedures shall be initiated only as provided by Iowa Code chapter 908, which this rule is intended to implement.

205--12.4(908) Revocation of probation. The board of parole's parole and probation judges for good cause shown may revoke any probation previously granted. Good cause for revocation of probation shall include the violation of a condition or conditions of the probation agreement, or probation plan.

205--12.5(908) Probation violations.

12.5(1) The probation officer shall report to the board any probationer who is reasonably believed to have engaged in the following kinds of behavior:

a. Violation of any federal or state laws, except simple misdemeanors.

b. Any violent or assaultive conduct.

c. Possession, control or use of any firearms, imitation firearms, explosives or weapons as defined in federal or state statutes.

d. Sale, possession, continual or problem use, transportation or distribution of any narcotic or other controlled substance or excessive use of alcohol by the probationer.

e. A probationer whose whereabouts are unknown and who has been unavailable for contact for 30 days, or reliable information has been received indicating that the probationer is taking flight or absconding.

f. Any behavior indicating the probationer may be suffering from a mental disorder which impairs the probationer's ability to maintain the probation in the community or which makes the probationer a danger to the probationer or others when the mental disorder cannot be adequately treated while in the community.

g. Any other conduct or pattern of conduct in violation of the conditions of probation deemed sufficiently serious by the probation officer.

12.5(2) The probation officer or supervisor is authorized to dispose of any other probationer misconduct not required to be reported above.

205--12.6(908) Probation violation report. The probation violation report is a document prepared by the probation officer on a form or media provided by the board specifying the probation violation charges against a probationer and containing or referring to information known to the probation officer relevant to the charges.

12.6(1) Supplemental probation violation report. A supplemental probation violation report may be submitted to report sufficient new information or evidence which proves or disproves violations previously charged; note court action on charges which are being prosecuted in a criminal proceeding or expand, clarify, or correct information in an earlier report; provide the board with information not related to the violation but which may affect the board's decision regarding the appropriate disposition; and provide additional requested information to the board at any time or change the officer's recommendation. A supplemental report shall be filed upon the apprehension of a probationer on absconder status.

12.6(2) Recommendations. The probation officer shall recommend the appropriate disposition necessary to deal with the alleged violation. In a probation violation report, the probation agent may make the following recommendations:

a. Continue on probation. This recommendation may be used when a violation charge is not serious enough to warrant incarceration. A copy of the violation report containing a "continue on probation" recommendation shall be personally delivered and explained to the probationer, by the probation officer, and the probationer shall be given an opportunity to admit the alleged violations. Admitted violations contained in the report may be used to adjust time calculations in a later revocation proceeding. In the event that a dispute arises as to alleged violations, the probationer may request a probation hearing. The senior administrative parole and probation judge shall review the violation report and enter an order either affirming the recommendation to continue on probation or schedule the matter for the probation revocation hearing before another administrative parole and probation judge.

A probationer shall be allowed only two violation reports containing a "continue on probation" recommendation in a 12-month period; then a probation revocation hearing must be scheduled.

Generally, violations occurring over 12 months prior to the request for a probation revocation hearing will not be used to adjust time calculations, except in absconder cases and related matters.

b. Schedule for revocation proceedings. This recommendation may be used whenever the violation(s) alleged is so serious that incarceration is necessary.

c. Delay action. This recommendation is used when there is a lack of information at the time the report is submitted or because charges are still pending and final disposition is unknown, or the whereabouts of the probationer are unknown. The probation officer shall notify the board of the reason(s) for the recommendation to delay action.

d. Issue a detainer. This recommendation is used to request that an Iowa detainer be placed against an Iowa probationer who is serving time in another jurisdiction for an offense committed while on probation which would constitute a felony or aggravated misdemeanor if committed in Iowa.

e. Continue on probation and impose special condition 209A of the parole agreement, participation in the violator's program. This recommendation may be used when there have been violations of probation, but treatment at the violator's program is seen as a reasonable alternative to revocation of probation.

12.6(3) District review.

a. Probation officer's responsibility. After discovery of information indicating a possible violation of probation, and determination by the probation officer that the violation(s) must be reported to the board, the probation officer shall prepare a probation violation report.

b. Probation supervisor review. After the preparation of a probation violation report the supervisor shall review the report, shall concur with the recommendation made, and shall submit the report to the business office of the parole board for review and scheduling of a probation revocation hearing, if required.

12.6(4) Procedure in lieu of arrest. A probation officer may issue a summons/citation for a probation violation hearing. If a summons/citation is issued, the probation officer shall indicate the date, time, and place of the probation hearing on the summons/citation. The probation officer shall contact the board of parole as soon as possible upon the issuance of a summons/citation. The probation revocation hearing conducted pursuant to a summons/citation shall be conducted according to Chapter 12 of the board of parole's administrative rules.

205--12.7(908) Probation revocation hearing. Following receipt of a probation officer's request for a probationrevocation hearing, the administrative parole and probation judge or the board's designated officer shall set the date, time and place of the probation revocation hearing and shall cause a notice of probation revocation hearing to be completed. The probation revocation hearing shall be held in the county of probationer's residence; in the county where alleged probation violations occurred; in the same judicial district as that in which the alleged probation violator had the initial appearance, or in the county from which the warrant for the arrest of the alleged probation violator was issued.

12.7(1) Probation revocation hearing notice. The probation officer or board's designated officer shall cause to be prepared a written notice to the probationer of the date, time, and place of the probation revocation hearing which shall:

a. Include a complete copy of the report of violations including all documents referred to therein except confidential material defined in subrule 6.4(2).

b. Be served upon the probationer by personal service. The notice may be served by any person 18 years of age or older at least seven days prior to the probation revocation hearing unless the probationer waives the right to seven days' advance notice.

c. Inform the probationer of the purpose of the hearing; the violations of probation condition(s) alleged; the circumstances of the alleged violations; the possible action which may be taken as a result of the revocation proceedings; and the following rights to which the probationer shall be entitled at the probation revocation hearing. The right to:

(1) Appear and speak in their own behalf and to be aided by an interpreter if aid is determined to be necessary by the administrative parole and probation judge.

(2) Representation by an attorney or, if the probationer is indigent, the right to representation by an attorney pursuant to rule 26 of the Iowa Rules of Criminal Procedure.

(3) Remain silent.

(4) Present witnesses to testify in the probationer's behalf as to matters relevant to the alleged violation of probation.

(5) Confront and cross-examine adverse witnesses unless the administrative parole and probation judge determines that such witnesses would be subjected to risk of harm.

(6) Present documentary evidence and any relevant material or information.

12.7(2) Testimony at probation revocation hearing. All testimony shall be under oath.

12.7(3) Probation revocation hearing recorded. Probation revocation hearings shall be mechanically recorded. The recording or transcription thereof shall be filed and maintained by the board of parole for at least five years from the date of the probation revocation hearing. The probation revocation hearing may be videotaped if deemed appropriate by parole and probation judges.

12.7(4) Witnesses segregated. The administrative parole and probation judge on the judge's own motion or on the request of the probationer, probationer's counsel, or any representative of the state may order witnesses be segregated except that the probation officer, probationer, and counsel may be present at all times at the hearing.

12.7(5) Probation revocation hearing evidence. The admissibility of evidence at probation revocation proceedings is governed by Iowa Code section 17A.14.

a. Documentary evidence. The probation officer shall ensure all relevant documentary evidence is available at the hearing and has been made available to the probationer and the probationer's attorney prior to the hearing unless designated confidential. This evidence includes the violation report and statements of witnesses. When relevant documentary evidence is not available, the probation officer shall specify what evidence is unavailable and why.

b. Physical evidence. Physical evidence is ordinarily not required at the hearing. The probation officer may bring physical evidence to the hearing if the probationer has requested it or it appears necessary for the hearing, security is not endangered and there are no other means of presenting the information.

12.7(6) Witnesses.

a. Probationer request. A probationer may request either friendly or adverse witnesses. If a witness is requested by the probationer or the probationer's attorney, the probationer or the probationer's attorney shall notify the probation officer.

b. Probation officer request. If, in preparing the case prior to the hearing, the probation officer requires a particular witness to demonstrate essential facts of violation, attendance of that witness may be requested by the officer even though the probationer has not requested that witness. If a witness is requested by the probation officer, the officer shall notify the probationer or the probationer's attorney.

c. Witnesses' transportation. All witnesses shall provide their own transportation.

d. Fearful witnesses. All witnesses who refuse to attend the hearing either because they would be subjected to risk of harm if their identities were disclosed or who even if their identities were known, fear for their safety, should they attend the hearing, shall be interviewed by the probation officer prior to the hearing, their information documented in writing or on tape, the reasons for their fear should also be documented, and the administrative parole and probation judge shall determine whether good cause exists to excuse the witness's attendance and shall document the decision including the reasons.

e. Interviewing witnesses. A probationer or the probationer's attorney has the right to speak to possible witnesses, but it is completely within the discretion of an individual witness whether to speak to or disclose the witness's whereabouts to a probationer or the probationer's attorney. No attempt should be made by the parole board staff to influence the witness's decision.

12.7(7) Subpoenas--general. Subpoenas may be issued to require the attendance of witnesses or the production of documents at probation revocation hearings.

a. Who may request. The probationer, the probationer's attorney, probation officer, and board staff may request that a subpoena be issued.

b. To whom made. Requests shall be made directly to the administrative parole and probation judge or the board's designated officer as appropriate.

c. When made. The request shall be made prior to the scheduled hearing.

d. Subpoena duces tecum. The request for a subpoena duces tecum shall be accompanied by a declaration in support of the request. The declaration must show good cause for production of documentary evidence and specify precisely the documentary evidence to be produced, the relevance and materiality of that evidence to the hearing, and that the requested witness has possession or control of the documentary evidence.

e. The board of parole shall not be required to pay subpoena service fees, witness fees, or witness transportation expenses.

12.7(8) Continuances.

a. A hearing may be continued by the presiding administrative parole and probation judge for good cause shown, either upon the presiding judge's own motion or upon the request of a party. A party's request for continuance shall be made in writing prior to the hearing, to the board business office. Each party shall be granted only one continuance except that in the case of extreme emergency, determined by the presiding administrative parole and probation judge, further continuance may be granted.

b. If, because of an emergency or other good cause, a party having received timely notice is unable to attend the hearing or request continuance within the allotted time, the presiding administrative parole and probation judge may continue the hearing and schedule another hearing with notice to all interested parties.

c. A notice of continuance may be served upon the probationer's attorney of record for the probation revocation proceeding in lieu of personal service upon the probationer.

d. If a notice of continuance does not involve any new allegations of probation violation, it need not be served upon the probationer or the probationer's attorney of record at least seven days prior to the hearing date. However, if the notice of continuance includes allegations of violations beyond those contained in the original notice of hearing, it must be served upon the probationer or the probationer's attorney of record at least seven days prior to the hearing date.

12.7(9) Areas of responsibility. The following areas of responsibility will apply for probation revocation hearings.

a. The probation officer will be responsible for the following:

(1) Coordinating and scheduling location, security, and control of the probation revocation hearing in a courtroom unless good cause is established prior to the hearing;

(2) Preparing notice of hearing forms and causing the notices to be served;

(3) Serving a written notice of probation revocation hearing on the county attorney or the county attorney's designee at least five days prior to the hearing date;

(4) Notifying probationer's attorney of record of hearing date, time, and place;

(5) Notifying all necessary state witnesses of the hearing date, time, and place;

(6) Processing any required subpoenas on behalf of the state;

(7) Ensuring all relevant state documents, forms, and materials are available at the hearing;

(8) Attending the hearing;

(9) Arranging security for posthearing transfer of the probationer in the event incarceration is ordered;

(10) Forwarding a summary of probation hearing to the county attorney, or the county attorney's designee as soon as reasonably possible following the probation revocation hearing.

b. The administrative parole and probation judge shall be responsible for the following:

(1) Maintaining records on all hearings in the fields;

(2) Advising the business office regarding progress of each case;

(3) Forwarding to the business office all materials and forms when hearings are completed.

12.7(10) Probation revocation hearing--adjudication.

a. At the conclusion of the adjudication stage of the hearing, the administrative parole and probation judge shall determine whether the probationer has violated the conditions of probation and shall verbally advise the probationer of the decision.

b. If the administrative parole and probation judge determines that the probationer has not violated the conditions of probation, the judge shall order that the probationer be released from custody and continued on probation.

c. If the administrative parole and probation judge finds that the probationer has violated a condition or conditions of probation, the judge shall make one of the following dispositions at the probation revocation hearing or any disposition allowed by Iowa Code section 908.11:

(1) Revocation of the probation.

(2) Revocation of the probation with the probationer placed on work release.

(3) Reinstatement of the probation with the previous probation conditions.

(4) Reinstatement of the probation with a modification of the probation conditions.

(5) Continuation of the dispositional portion of the hearing.

d. The administrative parole and probation judge shall determine from the record established at the final revocation hearing the date(s) of violation of probation. The judge shall also determine the number of days of probation which shall not be counted toward the discharge of the probationer's sentence.

12.7(11) Probation revocation--hearing summary. The administrative parole and probation judge or the board's designated officer, shall forward a summary of probationrevocation hearing to the probationer, probationer's attorney, the probation officer, and the board office as soon as reasonably possible following the probation revocation hearing. The summary of the probation revocation shall consist of a summary of the proceeding and shall contain the judge's findings of fact, conclusions of law and disposition of the matter.

12.7(12) Probation revocation hearing--conduct of the media. The rules governing the conduct of the media at parole interviews as set out in 205--subrule 8.14(4) shall also apply to probation revocation hearings, except that decisions committed to the discretion of the board or board panel in that rule shall be made by the presiding administrative parole and probation judge.

205--12.8(908) Appeal or review. The order of the administrative parole and probation judge shall become the final decision of the board of parole unless, within ten days of the date of the decision, the probation violator appeals the decision or a panel of the board reviews the decision on its own motion. On appeal or review of the judge's decision, the board panel has all the power which it would have in initially making the revocation hearing decision. The appeal or review shall be conducted pursuant to rules adopted by the board of parole. The record on appeal or review shall be the record made at the probation revocation hearing conducted by the administrative parole and probation judge. Appeals must be received at the parole office or be postmarked by the applicable date or they will not be considered.

205--12.9(908) Interstate compact probable cause hearings. The Iowa board of parole may conduct interstate compact probation probable cause hearings under the same procedures as the Iowa probation revocation hearings.

12.9(1) Interstate compact probable cause hearings. The Iowa board of parole, or an administrative parole and probation judge, may conduct a probable cause hearing for a probationer from another state who is on probation in Iowa, under the terms of the interstate compact, according to the same procedures which govern probation revocation hearings for Iowa probationers who are on probation in Iowa.

12.9(2) Interstate compact probation revocation hearings. If an Iowa probationer was on probation outside the state of Iowa through the interstate compact, and has been returned to Iowa following a finding of probable cause in the receiving state, a probation revocation hearing shall be conducted for the probationer at the Iowa institution at which the probationer is incarcerated. This hearing shall be conducted according to the same procedures as those specified for hearings conducted for Iowa probationers who are on probation in the state of Iowa.

205--12.10 Reserved.

205--12.11(908) Waivers. When the probation officer makes a recommendation to the board of parole for revocation of probation, the probation officer shall inform the probationer of the probationer's rights and afford the probationer the opportunity to execute a waiver of probation revocation hearing. The probation officer should also inform the probationer of the opportunity to waive the probationer's right to personal appearance and consent to the probationrevocation hearing being conducted over the telephone.

12.11(1) Waiver of probation revocation hearing. A waiver of probation revocation hearing shall constitute an admission of the alleged violation(s) and shall include a waiver of any right to a personal appearance before the administrative parole and probation judge to contest the violations.

12.11(2) Probation revocation hearing waiver procedures. If the probationer desires to execute a waiver of probation revocation hearing, the waiver shall be entered on the appropriate form provided by the board which shall be signed by the probationer in the presence of the administrative parole and probation judge or the probation officer/supervisor if conducted electronically. The administrative parole and probation judge shall make a verbatim record of the waiver proceeding and shall address the probationer personally and inform the probationer of and determine that the probationer understands the contents of the waiver form which shall include:

a. The nature of the probation violation to which the waiver is addressed;

b. The legal rights of the probationer;

c. The fact that the execution of the waiver constitutes an admission of the alleged violation(s);

d. The fact that the probationer may be committed to the custody of the Iowa department of corrections without further proceedings.

(1) A waiver is complete and final upon execution.

(2) A waiver may be appealed according to the parole board's probation revocation appeal process in rule 205-- 12.8(908).

12.11(3) Waiver of the right to personal appearance. In the event the probationer executes a waiver of the right to personal appearance and consent to probation revocation hearing to be conducted over the telephone, the probation revocation hearing should be scheduled and conducted as a routine probation revocation hearing with the exception that it shall be conducted electronically.

205--12.12(908) Conviction of a felony while on probation. Reserved.

205--12.13(908) Conviction of an aggravated misdemeanor while on probation. Reserved.

205--12.14(908) Electronic means. The administrative parole and probation judges may use facsimile machines, telephones, two-way interactive video or other electronic means to conduct any or all of the probation revocation proceedings and probation revocation hearings. An electronically produced document shall have the same force and effect as an original document.

These rules are intended to implement Iowa Code chapters 906 and 908.

205--13.1(906) Discharge from parole supervision.

13.1(1) Statutory discharge. The board shall discharge a parolee from parole supervision when the parolee expires the term of the parolee's sentence.

13.1(2) Early discharge. The board or the supervising district department may discharge a parolee from parole supervision prior to the expiration of the term of the parolee's sentence when the board or district department determines that the parolee is able and willing to fulfill the obligations of a law-abiding citizen without further supervision.

205--13.2(906) Persons not eligible. A parolee convicted of a violation of Iowa Code section 709.3, 709.4, or 709.8 committed on or with a child shall not be discharged from parole until the parolee expires the term of the parolee's sentence.

These rules are intended to implement Iowa Code section 906.15.

205--14.1(902) Interviews of inmates serving life terms. The board shall not grant a parole or work release to a Class "A" felon serving a life term unless the governor commutes the sentence to a term of years. Administrative rules relating to the parole and work release consideration of an inmate sentenced to an indeterminate term shall not apply to an inmate sentenced to a life term. The board shall interview a Class "A" felon serving a life term to determine whether to recommend that the governor commute the sentence to a term of years. The board shall recommend that the governor commute the sentence when the board concludes that the inmate should be considered for release on parole or work release. In making such a recommendation, the board shall also indicate the existence of any registered victims, and communicate any opinions expressed by those victims regarding release of the inmate.

205--14.2(902) Review of inmates serving life terms. The board may review the record of a Class "A" felon serving a life term at its discretion.

205--14.3(248A) Executive clemency applications.

14.3(1) Applications to the board.

a. A person convicted of a criminal offense may apply to the board for a recommendation to the governor for a reprieve, pardon, commutation of sentence, or remission of fines and forfeitures at any time following the person's conviction.

b. An application for a pardon or commutation of sentence shall be on the form provided by the board. The form may be obtained by contacting the board business office.

c. An application for a reprieve or remission of fines and forfeitures shall be in writing.

d. The applicant shall submit the executive clemency application to the board business office.

14.3(2) Applications to the governor. Upon the request of the governor, the board shall take charge of all correspondence in reference to an executive clemency application filed with the governor and shall provide the governor with the board's advice and recommendation.

14.3(3) Restoration of citizenship.

a. A person convicted of a criminal offense may apply for a restoration of citizenship at any time following the discharge of the person's sentence.

b. A person applying for restoration of citizenship within 60 days of discharge of the person's sentence shall submit the short form Application for Restoration of Citizenship, together with an original of a progress report from the supervising agent, to the board. This form may be obtained from the supervising officer. The board shall submit a recommendation to the governor regarding restoration of citizenship.

c. A person applying for restoration of citizenship more than 60 days after discharge of the person's sentence shall submit the Executive Clemency Application form to the governor. This form may be obtained from the governor's office or from the board. The governor shall obtain a recommendation regarding restoration of citizenship from the board.

205--14.4(248A,902) Board investigation. The board may investigate an application or district department recommendation with respect to history, current situation, parole prospects and other pertinent matters. The board may consider the application or recommendation, transcripts of judicial proceedings and all documents submitted with the application, and other documents as the board determines is appropriate and may interview public officials, victims, and witnesses, and other individuals as the board determines is appropriate.

205--14.5(248A,902) Executive clemency recommendations.

14.5(1) Decision.

a. The board shall recommend that the governor grant commutation of sentence to a Class "A" felon serving a life term when the board unanimously agrees that the inmate should be considered for release on parole. If the board does not unanimously agree, the board shall recommend that the governor not grant commutation of sentence.

b. The board shall recommend that the governor grant executive clemency to a person other than a Class "A" felon serving a life term when at least three members of the board agree that the person has demonstrated that the person will become or continue to be a law-abiding citizen. If three members of the board do not agree, the board shall recommend that the governor not grant executive clemency.

14.5(2) Notice of board recommendation. The board shall give notice of an executive clemency recommendation to the office of the governor and, if requested, to the inmate or applicant.

14.5(3) Board consideration following commutation. The board shall consider the parole and work release prospects of an inmate whose sentence has been commuted by the governor.

14.5(4) Executive clemency reconsiderations.

a. The board may reconsider at any time a board recommendation to grant executive clemency that the governor has denied and returned to the board. The procedures for reviewing an executive clemency application shall apply to the reconsideration of a denied recommendation.

b. The board may refile the recommendation with the governor or withdraw the recommendation.

These rules are intended to implement Iowa Code sections 902.2, 902.4, 904A.4(7) and chapter 914.

205--15.1(17A) General. An inmate, parolee, Sixth District probationer or work releasee may appeal any action of the board staff or board that affects that person except a decision to schedule a hearing or a work release transfer hearing decision, the denial of an appeal, or the decision to conduct an appearance by electronic means or the revocation of parole which shall be appealed according to the procedure indicated in rule 205--11.8(908).

205--15.2(17A) Grounds. The general grounds for an appeal include that the board action is:

1. In violation of constitutional or statutory provisions;

2. In excess of the statutory authority of the board;

3. In violation of a board rule;

4. Made upon unlawful procedure;

5. Affected by other error of law;

6. Unsupported by evidence or based on incorrect or incomplete information which, if correct or complete, might have resulted in a different action;

7. Unreasonable, arbitrary, or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of decision.

205--15.3(17A) Filing an appeal.

15.3(1) An appeal shall be filed in writing and shall state:

a. The nature of the board action which is the subject of the appeal.

b. The particular agency action appealed from.

c. The grounds on which relief is sought.

d. The relief sought.

15.3(2) All grounds shall be included in the same appeal, and all necessary documents and information shall be attached to the appeal.

15.3(3) The appeal shall be submitted to the business office. An appeal must be received at the parole board office, or be postmarked, within ten days of the receipt of notice of the action appealed. The board is not required to consider untimely appeals.

205--15.4(17A) Board review and decision. The board of parole, a designee of the board or a panel of three or more members of the board shall review the appeal. The chairperson or the designee, or the panel may affirm, modify or reverse the action being appealed, or may defer for further consideration, including granting the inmate, parolee, or work releasee an appearance before the board. The board shall give notice to the inmate, parolee, or work releasee of its decision.

205--15.5(17A) Other appearances before the board. An inmate, parolee, or work releasee may request an appearance before the board by submitting a written request to the business office or a board liaison officer. A member of the board may grant the request for an appearance.

205--15.6(21) Electronic appearances. The board may require an inmate, parolee, or work releasee who has been granted an appearance before the board to appear by electronic means.

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

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/2/99.

ARC 9074A

Pursuant to the authority of Iowa Code sections 19A.9 and 97B.15, the Department of Personnel hereby amends Chapter 19, "General Administration," and Chapter 21, "Iowa Public Employees' Retirement System," adopts a new Chapter 26, "Contested Cases," and rescinds Chapter 31, "Department Procedure for Rule Making," and adopts a new Chapter 31 with the same title, Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 10, 1999, as ARC 8756A. No public comment was received on the proposed amendments (including rescinded and new chapters). The amendments are identical to those published under the Notice of Intended Action. These amendments include the following:

Items 1 and 2 reflect changes required by 1998 Iowa Acts, chapter 1202, relating to declaratory orders and petitions for intervention.

A new subrule 21.9(5) is adopted, providing that IPERS appeals that are heard by the department of inspections and appeals shall be conducted according to the contested case rules adopted by the department of inspections and appeals.

Item 4 reflects changes required by 1998 Iowa Acts, chapter 1202, relating to contested case proceedings.

Item 5 reflects changes required by 1998 Iowa Acts, chapter 1202, relating to the Department's rule-making procedures.

These amendments were adopted May 13, 1999.

These amendments shall become effective July 7, 1999.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapters 19A and 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 [19.2 to 19.13, 21.9(5), Chs 26, 31] is

being omitted. These amendments are identical to those published under Notice as ARC 8756A, IAB 3/10/99.

[For replacement pages for IAC, see IAC Supplement 6/2/99.]

ARC 9071A

Pursuant to the authority of Iowa Code sections 17A.3 and 216A.76, the Commission of Persons With Disabilities hereby amends Chapter 1, "Organization," and adopts Chapter 4, "Petitions for Rule Making," Chapter 5, "Agency Procedure for Rule Making," and Chapter 6, "Declaratory Orders," Iowa Administrative Code.

The amendments to Chapter 1 strike old terminology and update division telephone numbers. Chapters 4, 5 and 6 govern petitions for rule making, procedures for rule making, and declaratory orders in compliance with 1998 Iowa Acts, chapter 1202.

Notice of Intended Action was published in the April 7, 1999, Iowa Administrative Bulletin as ARC 8859A. No public comment was received on these rules. The adopted amendments are identical to those published under Notice.

These amendments will become effective July 7, 1999.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code section 216A.76.

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(1), 1.2(3), Chs 4, 5, 6] is being omitted. These amendments are identical to those published under Notice as ARC 8859A, IAB 4/7/99.

[For replacement pages for IAC, see IAC Supplement 6/2/99.]

ARC 9079A

Pursuant to the authority of Iowa Code section 147.53, the Professional Licensure Division of the Public Health Department hereby adopts Chapter 6, "Petitions for Rule Making," Chapter 7, "Agency Procedure for Rule Making," Chapter 8, "Declaratory Orders," Chapter 9, "Complaints and Investigations," Chapter 11, "Contested Cases," Chapter 12, "Informal Settlement," Chapter 13, "Discipline," Chapter 14, "Child Support Noncompliance," Chapter 15, "Noncompliance of Loan Repayment," Chapter 16, "Impaired Practitioner Review Committee," and Chapter 17, "Materials for Board Review," Iowa Administrative Code.

These chapters are being adopted by the Division to save duplication in each individual Board's administrative rules. These amendments implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, effective July 1, 1999, and establish rules for noncompliance on child support payments, noncompliance on student loan repayments, and impaired practitioner review committee. Deadlines for materials to be submitted for board review at regularly scheduled meetings are established.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8834A. There was a public hearing on April 15, 1999, from 9 to 11 a.m. in the Professional Licensure Conference Room, Lucas State Office Building, Fifth Floor, Des Moines, Iowa 50319-0075. One written comment was received requesting information on the chapters being adopted by reference from the Department of Public Health. The adopted rules are identical to those published under Notice.

These amendments were approved during the May 12, 1999, meeting of the State Board of Health.

These amendments will become effective on July 7, 1999.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapters 21, 22, 147, 252J, 261, 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 6 to 9, 11 to 17] is being omitted. These rules are identical to those published under Notice as ARC 8834A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 6/2/99.]

ARC 9075A

Pursuant to the authority of Iowa Code section 147A.27, the Department of Public Health hereby adopts new Chapter 137, "Trauma Education and Training," Iowa Administrative Code.

The adopted rules establish trauma care education and training requirements for physicians, physician assistants, advanced registered nurse practitioners, registered nurses, licensed practical nurses, and emergency medical care providers.

These rules were published in the Iowa Administrative Bulletin under Notice of Intended Action as ARC 8691A on February 10, 1999. A public meeting was held over the Iowa Communications Network (ICN) on Tuesday, March 2, 1999, from 2 to 3 p.m. Six sites participated in the ICN broadcast. Although no comments were received during the hearing, written comments received before the hearing have led to changes from the noticed rules. In Table 1, the term "audit" has been removed to align with the American College of Surgeons, Iowa Committee on Trauma, which allows a choice of either taking the course or auditing ATLS. In Table 3, informal hours were reduced to 16 continuing education hours for physicians and PA/ARNP, resulting in a total reduction of required hours from 32 to 24. The size of Table 1 and Table 3 was reduced for clarity.

The State Board of Health adopted these rules May 12, 1999.

These rules will become effective July 7, 1999.

These rules are intended to implement Iowa Code chapter 147A.

The following new chapter is adopted.

641--137.1(147A) Definitions. For the purpose of these rules, the following definitions shall apply:

"ACLS course" means advanced cardiac life support course.

"Advanced registered nurse practitioner (ARNP)" means a nurse pursuant to 655--7.1(152) with current licensure as a registered nurse in Iowa who is registered in Iowa to practice in an advanced role. The ARNP is prepared for an advanced role by virtue of additional knowledge and skills gained through a formal advanced practice education program of nursing in a specialty area approved by the board. In the advanced role, the nurse practices nursing assessment, intervention, and management within the boundaries of the nurse-client relationship. Advanced nursing practice occurs in a variety of settings within an interdisciplinary health care team, which provide for consultation, collaborative management, or referral. The ARNP may perform selected medically delegated functions when a collaborative practice agreement exists.

"Advanced trauma life support course" means a course for physicians with an emphasis on the first hour of initial assessment and primary management of the injured patient, starting at the point in time of injury continuing through initial assessment, life-saving intervention, reevaluation, stabilization, and transfer when appropriate.

"ARNP" means advanced registered nurse practitioner.

"ATLS" means advanced trauma life support.

"Department" means the Iowa department of public health.

"Director" means the director of the Iowa department of public health.

"Emergency care facility" means a physician's office, clinic, or other health care center which provides emergency medical care in conjunction with other primary care services.

"Emergency medical care provider" means an individual trained to provide emergency and nonemergency medical care at the first responder, EMT-basic, EMT-intermediate, EMT-paramedic level or other certification levels adopted by rule by the department who has been issued a certificate by the department.

"EMS" means emergency medical services.

"EMT" means emergency medical technician.

"EMT-A" means emergency medical technician ambulance.

"EMT-B" means emergency medical technician basic.

"EMT-D" means emergency medical technician defibrillation.

"EMT-I" means emergency medical technician intermediate.

"EMT-P" means emergency medical technician paramedic.

"FR" means first responder.

"FR-D" means first responder defibrillation.

"Hospital" means a facility licensed under Iowa Code chapter 135B, or comparable emergency care facility located and licensed in another state.

"Licensed practical nurse" means an individual licensed pursuant to Iowa Code chapter 152.

"LPN" means licensed practical nurse.

"NRP course" means neonatal resuscitation provider course.

"PA" means physician assistant.

"PALS course" means pediatric advanced life support course.

"Physician" means an individual licensed under Iowa Code chapter 148, 150 or 150A.

"Physician assistant" means an individual licensed pursuant to Iowa Code chapter 148C.

"Practitioner" means a person who practices medicine or one of the associated health care professions.

"Registered nurse" means an individual licensed pursuant to Iowa Code chapter 152.

"RN" means registered nurse.

"SEQIC" means system evaluation quality improvement committee.

"Service program" means any 24-hour emergency medical care ambulance service or nontransport service program that has received authorization by the department.

"System evaluation quality improvement committee" means the committee established by the department pursuant to Iowa Code section 147A.25 to develop, implement, and conduct trauma care system evaluation, quality assessment, and quality improvement.

"Trauma" means a single or multisystem life-threatening or limb-threatening injury, or an injury requiring immediate medical or surgical intervention or treatment to prevent death or disability.

"Trauma care facility" means a hospital or emergency care facility which provides trauma care and has been verified by the department as having Level I, II, III, or IV care capabilities and has been issued a certificate of verification pursuant to Iowa Code section 147A.23, subsection 2, paragraph "c."

"Trauma care system" means an organized approach to providing personnel, facilities, and equipment for effective and coordinated trauma care.

"Trauma nursing course objectives" means the trauma nursing course objectives recommended to the department by the trauma system advisory council and adopted by reference in these rules.

"Trauma patient" means a victim of an external cause of injury that results in major or minor tissue damage or destruction caused by intentional or unintentional exposure to thermal, mechanical, electrical or chemical energy, or by the absence of heat or oxygen (ICD9 Codes E800.0 - E999.9).

"Trauma system advisory council" means the council established by the department pursuant to Iowa Code section 147A.24 to advise the department on issues and strategies to achieve optimal trauma care delivery throughout the state, to assist the department in the implementation of an Iowa trauma care plan, to develop criteria for the categorization of all hospitals and emergency care facilities according to their trauma care capabilities, to develop a process for verification of the trauma care capacity of each facility and the issuance of a certificate of verification, to develop standards for medical direction, trauma care, triage and transfer protocols, and trauma registries, to promote public information and education activities for injury prevention, and to review rules adopted under this division, and to make recommendations to the director for changes to further promote optimal trauma care.

"Trauma team" means a team of multidisciplinary health care providers established and defined by a hospital or emergency care facility that provides trauma care commensurate with the level of trauma care facility verification.

"TSAC" means trauma system advisory council.

"Verification" means a process by which the department certifies a hospital or emergency care facility's capacity to provide trauma care in accordance with criteria established for Level I, II, III, and IV trauma care facilities and these rules.

641--137.2(147A) Initial trauma education for Iowa's trauma system. Initial trauma education (Table 1) is required of physicians, physician assistants, advanced registered nurse practitioners, registered nurses, and licensed practical nurses who are identified or defined as trauma team members by a trauma care facility and who participate directly in the initial resuscitation of the trauma patient.

Practitioner	Resource (Level I) TCF	Regional (Level II) TCF	Area (Level III) TCF	Community (Level IV)TCF
Physician PA/ARNP	1. ATLS 2. Trauma System Overview	1. ATLS 2. Trauma System Overview	1. ATLS 2. Trauma System Overview	1. ATLS 2. Trauma System Overview
RN/LPN	1. Successful completion of trauma nursing course objectives recommended by TSAC. 2. Trauma System Overview	1. Successful completion of trauma nursing course objectives recommended by TSAC. 2. Trauma System Overview	1. Successful completion of trauma nursing course objectives recommended by TSAC. 2. Trauma System Overview	1. Successful completion of trauma nursing course objectives recommended by TSAC. 2. Trauma System Overview

137.2(1) General requirements for initial trauma education.

a. Completion of initial trauma education shall be done within three years of the trauma care facility's initial verification or within one year of the practitioner's joining the trauma care facility's trauma team.

b. Trauma nursing course objectives (1998) are incorporated and adopted by reference for all trauma care facilities. For any differences which may occur between the adopted references and these administrative rules, the administrative rules shall prevail.

c. Trauma nursing course objectives are available from the Iowa Department of Public Health, Bureau of Emergency Medical Services, Lucas State Office Building, Des Moines, Iowa 50319-0075.

137.2(2) Initial trauma education (Table 2) is required prior to January 1, 2001, of emergency medical care providers involved in the initial resuscitation of the injured patient while participating on an authorized transporting service program.

641--137.3(147A) Continuing trauma education for Iowa's trauma system. Continuing trauma education (Table 3) is required every four years of physicians, physician assistants, advanced registered nurse practitioners, registered nurses, and licensed practical nurses who are identified or defined as trauma team members by a trauma care facility and who participate directly in the initial resuscitation of the trauma patient.

137.3(1) Topics for all or part of the continuing trauma education hours may be recommended to the department by SEQIC or TSAC based on trauma care system outcomes.

137.3(2) General requirements for continuing trauma education.

a. Three-fourths of the required continuing trauma education hours may be informal, determined and approved by a trauma care facility from any of the following:

1. Multidisciplinary trauma case reviews;

2. Multidisciplinary trauma conferences;

3. Multidisciplinary trauma mortality and morbidity reviews;

4. Multidisciplinary trauma committee meetings;

5. Trauma peer review meetings;

6. Any trauma care facility committee meeting with a focus on trauma care evaluation; and

7. Critical care education such as ACLS course, PALS course, NRP course, or equipment inservices.

b. One-fourth of the required continuing trauma education hours shall be obtained through any formalized continuing education programs.

137.3(3) Continuing trauma education (Table 4) is required every two years of currently certified emergency medical care providers involved in the initial resuscitation of the injured patient while participating on an authorized transporting service program.

641--137.4(147A) Offenses and penalties.

137.4(1) The department may deny verification as a trauma care facility or deny authorization as a service program, may give a citation and warning, or may place on probation, suspend, or revoke existing trauma care facility verification or service program authorization if the department finds reason to believe that the facility or service program has not been or will not be operated in compliance with Iowa Code sections 147A.27 and these administrative rules. The denial, citation and warning, period of probation, suspension, or revocation shall be effected and may be appealed in accordance with the requirements of Iowa Code section 17A.12.

137.4(2) All complaints regarding the operation of a trauma care facility or service program, or those purporting to be or operating as the same, shall be reported to the department. The address is Iowa Department of Public Health, Bureau of Emergency Medical Services, Lucas State Office Building, Des Moines, Iowa 50319-0075.

137.4(3) Complaints and the investigative process shall be treated as confidential to the extent they are protected by Iowa Code section 22.7.

137.4(4) Complaint investigations may result in the department's issuance of a notice of denial, citation and warning, probation, suspension or revocation.

137.4(5) Notice of denial, citation and warning, probation, suspension or revocation shall be effected in accordance with the requirements of Iowa Code section 17A.12. Notice to the alleged violator of denial, citation and warning, probation, suspension, or revocation shall be served by certified mail, return receipt requested, or by personal service.

137.4(6) Any request for a hearing concerning the denial, citation and warning, probation, suspension or revocation shall be submitted by the aggrieved party in writing to the department by certified mail, return receipt requested, within 20 days of the receipt of the department's notice to take action. The address is Iowa Department of Public Health, Bureau of Emergency Medical Services, Lucas State Office Building, Des Moines, Iowa 50319-0075. If the request is made within the 20-day time period, the notice to take action shall be deemed to be suspended pending the hearing. Prior to or at the hearing, the department may rescind the notice upon satisfaction that the reason for the denial, citation and warning, probation, suspension or revocation has been or will be removed. If no request for a hearing is received within the 20-day time period, the department's notice of denial, citation and warning, probation, suspension or revocation shall become the department's final agency action.

137.4(7) A request for a hearing shall be forwarded within five working days of receipt of the request to the department of inspections and appeals pursuant to the rules adopted by that agency regarding the transmission of contested cases. The information upon which the adverse action is based and any additional information which may be provided by the aggrieved party shall also be provided to the department of inspections and appeals.

137.4(8) The hearing shall be conducted according to the procedural rules of the department of inspections and appeals found in 481--Chapter 10, Iowa Administrative Code.

137.4(9) When the administrative law judge makes a proposed decision and order, it shall be served by certified mail, return receipt requested, or delivered by personal service. That proposed decision and order then becomes the department's final agency action without further proceedings ten days after it is received by the aggrieved party unless an appeal to the director is taken.

137.4(10) Any appeal to the director for review of the proposed decision and order of the administrative law judge shall be filed in writing and mailed to the director by certified mail, return receipt requested, or delivered by personal service within ten days after the receipt of the administrative law judge's proposed decision and order by the aggrieved party. A copy of the appeal shall also be mailed to the administrative law judge. Any request for an appeal shall state the reason for appeal.

137.4(11) Upon receipt of an appeal request, the administrative law judge shall prepare the record of the hearing for submission to the director. The record shall include the following:

a. All pleadings, motions, and rules.

b. All evidence received or considered and all other submissions by recording or transcript.

c. A statement of all matters officially noticed.

d. All questions and offers of proof, objections and rulings on them.

e. All proposed findings and exceptions.

f. The proposed decision and order of the administrative law judge.

137.4(12) The decision and order of the director becomes the department's final agency action upon receipt by the aggrieved party and shall be delivered by certified mail, return receipt requested, or personal service.

137.4(13) It is not necessary to file an application for a rehearing to exhaust administrative remedies when appealing to the director or the district court as provided in Iowa Code section 17A.19. The aggrieved party to the final agency action of the department who has exhausted all administrative remedies may petition for judicial review of that action pursuant to Iowa Code chapter 17A.

137.4(14) Any petition for judicial review of a decision and order shall be filed in the district court within 30 days after the decision and order becomes final. A copy of the notice of appeal shall be sent to the department by certified mail, return receipt requested, or by personal service. The address is Iowa Department of Public Health, Bureau of Emergency Medical Services, Lucas State Office Building, Des Moines, Iowa 50319-0075.

137.4(15) The party who appeals a final agency action to the district court shall pay the cost of the preparation of a transcript of the contested case hearing for the district court.

137.4(16) Final decisions of the department relating to disciplinary proceedings may be transmitted to the appropriate professional associations, news media or employer.

These rules are intended to implement Iowa Code chapter 147A.

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/2/99.

ARC 9078A

Pursuant to the authority of Iowa Code section 135.11, the Department of Public Health hereby rescinds Chapter 171, "Administrative Rules," Chapter 172, "Declaratory Rulings," and Chapter 173, "Administrative Hearings," Iowa Administrative Code, and adopts a new Chapter 171, "Petitions for Rule Making," Chapter 172, "Declaratory Orders," and Chapter 173, "Contested Cases."

These chapters are being rescinded and new chapters adopted to revise the Department's rules on petitions for rule making, declaratory orders, and contested cases in accordance with changes to the Iowa Administrative Procedure Act required by 1998 Iowa Acts, chapter 1202.

The State Board of Health adopted these amendments at their regular board meeting on May 12, 1999.

Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8852A. No public comments on the proposed amendments were received. The adopted amendments are identical to those published under Notice.

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

These rules will become effective July 7, 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 171 to 173] is being omitted. These rules are identical to those published under Notice as ARC 8852A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 6/2/99.]

ARC 9077A

Pursuant to the authority of Iowa Code section 135.11, the Department of Public Health hereby adopts Chapter 195, "Student Loan Default/Noncompliance with Agreement for Payment of Obligation," Iowa Administrative Code.

The rules establish procedures for the denial of issuance or renewal, suspension or revocation of a license upon receipt of a certificate of noncompliance from the College Student Aid Commission according to the procedures set forth in Iowa Code sections 261.121 to 261.127.

The State Board of Health adopted these rules at their regular board meeting on May 12, 1999.

Notice of Intended Action regarding these rules was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8851A. No public comments on the proposed rules were received. The adopted rules are identical to those published under Notice.

These rules will become effective on July 7, 1999.

These rules are intended to implement Iowa Code chapter 261.

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 195] is being omitted. These rules are identical to those published under Notice as ARC 8851A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 6/2/99.]

ARC 9057A

Pursuant to the authority of Iowa Code section 161A.4(1), the Division of Soil Conservation hereby adopts Chapter 3, "Contested Case Proceedings and Practice," Chapter 4, "Declaratory Orders," and Chapter 5, "Agency Procedure for Rule Making," Iowa Administrative Code.

These rules implement 1998 Iowa Acts, chapter 1202, relating to revisions to the Iowa Administrative Procedure Act. These rules establish new rules for the Division of Soil Conservation on agency rule making, declaratory rules, and the handling of contested cases. The new chapters adopt by reference the uniform rules drafted by the Attorney General's office with a few modifications specific to the Division.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8815A.

These rules are identical to those published under Notice of Intended Action.

These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, Chapter 1202, and Iowa Code chapter 161A.

These rules will become effective on July 7, 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, 5] is being omitted. These rules are identical to those published under Notice as ARC 8815A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 6/2/99.]

ARC 9058A

Pursuant to the authority of Iowa Code sections 307.10 and 307.12, the Department of Transportation, on May 11, 1999, adopted amendments to Chapter 118, "Logo Signing," Iowa Administrative Code.

A Notice of Intended Action for these amendments was published in the March 24, 1999, Iowa Administrative Bulletin as ARC 8789A.

These amendments make the following changes:

* Existing logo signing provides for the following services: gas, food, lodging and camping. These amendments add a fifth service: tourist attractions. However, no more than four mainline signs may be installed in advance of an interchange. A tourist attractions mainline sign may be installed only in lieu of or in combination with another service. Each service sign may contain a maximum of six individual business signs. A combination sign may display no more than three individual business signs for each service.

* There are currently no trailblazing signs provided to direct motorists who have exited the interstate or freeway to navigate to the signed service. Under certain circumstances, these amendments provide that the Department install up to two trailblazing signs on routes under its jurisdiction or make signs available for local jurisdictions to place on routes under their jurisdictions. If more than two signs are needed, the business will not qualify for logo signing. If a local jurisdiction declines to install a trailblazing sign within its jurisdiction, the business will not qualify for logo signing.

* Currently, qualifying services must be located within three miles of the exit. These amendments provide that in urban areas where the number of qualifying applicants for any service exceeds eight, the Department may reduce the maximum travel distance for that service to one mile.

* To qualify for signing, a food establishment must currently operate year-round, seven days a week, and serve three meals per day. These amendments require food establishments to operate year-round at least six days a week and allow the Department to make an exception to the three-meal-a-day requirement if vacant space is available and no fully qualifying businesses have applied.

* To qualify for signing, a lodging establishment must have at least ten units, each containing a bathroom and sleeping room. These amendments allow an exception for bed and breakfast establishments.

* These amendments allow supplemental information such as "open 24 hours," "diesel," or "mechanic on duty" to be added to the business sign with prior written approval by the Department.

These amendments are identical to those published under Notice.

These amendments are intended to implement Iowa Code section 306C.11.

These amendments will become effective July 7, 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 [118.2 to 118.6] is being omitted. These amendments are identical to those published under Notice as ARC 8789A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 6/2/99.]

ARC 9059A

Pursuant to the authority of Iowa Code sections 307.10 and 307.12, the Department of Transportation, on May 11, 1999, adopted an amendment to Chapter 400, "Vehicle Registration and Certificate of Title," Iowa Administrative Code.

Notice of Intended Action for this amendment was published in the March 24, 1999, Iowa Administrative Bulletin as ARC 8794A.

This amendment will allow a dealer to obtain a duplicate registration receipt from the dealer's county treasurer when the original registration receipt has been lost and the applicant has traded the formerly owned vehicle to the dealer and purchased a replacement vehicle from the dealer. Currently, if a registration receipt has been lost, a duplicate registration receipt must be obtained from the county treasurer which issued the original registration. A registration receipt is required to process a credit of registration fees.

This amendment is being made as a result of a petition for rule making submitted by the Iowa Automobile Dealers Association. The amendment will hasten the vehicle transfer process for both the purchaser and the dealer.

This amendment is identical to that published under Notice of Intended Action.

This amendment is intended to implement Iowa Code sections 321.42 and 321.46.

This amendment will become effective July 7, 1999.

Rule-making action:

Amend paragraph 400.60(1)"c" as follows:

c. The registration receipt for the formerly owned or junked vehicle shall be submitted with the application form. If applicable, the registration receipt shall be completed on the reverse side to show the transfer of ownership. If the registration receipt has been lost and if the applicant has traded the formerly owned vehicle to a dealer and purchased a replacement vehicle from that dealer, the dealer may obtain a replacement registration receipt from the dealer's county treasurer. If a titled vehicle has been junked by the vehicle's owner, the junking certificate issued under Iowa Code section 321.52 shall also be submitted.

(1) The date on the reverse side of the registration receipt or on the junking certificate shall determine the date the vehicle was transferred or junked.

(2) If the sold or junked vehicle was a trailer not subject to titling, the owner may obtain a free duplicate registration receipt from the county treasurer for the purpose of claiming credit.

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/2/99.

ARC 9063A

Pursuant to the authority of Iowa Code section 96.11, the Interim Director of the Workforce Development Department hereby adopts amendments to Chapter 43, "Petitions for Rule Making," and Chapter 44, "Declaratory Rulings," Iowa Administrative Code.

These amendments update the Department's rules and bring them into compliance with 1998 Iowa Acts, chapter 1202, which amended the Iowa Administrative Procedure Act.

The only change from the Notice of Intended Action published in the March 24, 1999, Iowa Administrative Bulletin as ARC 8849A is as follows: In 871-43.5(17A), the word "rational" is substituted for the word "national".

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapter 84A.

These amendments will become effective on July 7, 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 [43.5, 44.1 to 44.12] is being omitted. With the exception of the change noted above, these amendments are identical to those published under Notice as ARC 8849A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 6/2/99.]

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