Iowa Administrative Bulletin

IOWA ADMINISTRATIVE BULLETIN

Published Biweekly VOLUME XXI NUMBER 26 June 16, 1999 Pages 2985 to 3048

CONTENTS IN THIS ISSUE

Pages 2998 to 3044 include ARC 9089A to ARC 9129A

AGRICULTURE AND LAND STEWARDSHIP
DEPARTMENT[21]

Filed, Apiary, 22.10 ARC 9096A 3021

ALL AGENCIES

Schedule for rule making 2988

Publication procedures 2989

Agency identification numbers 2994

AUDITOR OF STATE[81]

Filed, Agency procedures, 25.10, 25.12, ch 27
ARC 9095A 3021

CITATION OF ADMINISTRATIVE RULES 2993

college student aid commission[283]

EDUCATION DEPARTMENT[281]"umbrella"

Notice, Vocational-technical tuition grant
program, 13.1 ARC 9119A 2998

Notice, National guard educational assistance
program, 20.1 ARC 9120A 2998

Notice, Chiropractic graduate student forgivable
loan program, 32.1 ARC 9121A 2999

Notice, Teacher shortage forgivable loan
program, 35.1 ARC 9122A 3000

Filed, Agency procedures, chs 2 to 4
ARC 9123A 3021

Filed, Osteopathic physician recruitment
program, ch 14, rescind ch 30 ARC 9124A 3022

Filed, Industrial technology forgivable loan
program, 35.1(2)"e" ARC 9125A 3022

ECONOMIC DEVELOPMENT, IOWA
DEPARTMENT OF[261]

Notice, CDBG program, 23.4(6), 23.6
ARC 9093A 3001

Filed Emergency, Enterprise zones--definition
of full-time, 59.2 ARC 9092A 3020

EMERGENCY MANAGEMENT DIVISION[605]

PUBLIC DEFENSE DEPARTMENT[601]"umbrella"

Notice of Public Funds Availability 2996

ENGINEERING AND LAND SURVEYING
EXAMINING BOARD[193C]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Notice, Cutoff dates for applications to take
examinations, 1.5 ARC 9127A 3002

Notice, Peer review; civil penalties, 4.5(2),
4.36(5) ARC 9126A 3002

ENVIRONMENTAL PROTECTION
COMMISSION[567]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Filed, Air pollution, 20.2, 21.2, 22.1, 22.4(1),
22.5, 22.6, 22.7(1), 22.8(1), 22.100, 22.101(2),
22.102(1), 22.103(2), 22.106(7), 22.120,
22.122(1), 22.125(7), 22.134, 22.139(1),
22.144(1), 22.201(2), 22.300, 23.1, 23.3,
23.4(4), 25.1 ARC 9098A 3022

Filed, Organic materials composting facilities,
ch 105 ARC 9097A 3031

ETHICS AND CAMPAIGN DISCLOSURE
BOARD, IOWA[351]

Filed, Agency procedures, ch 14 ARC 9109A 3035

EXECUTIVE DEPARTMENT

Proclamations of disaster emergency 3045

HUMAN SERVICES DEPARTMENT[441]

Notice, Mental health institutes; state hospital-
schools, 29.3, 30.2 ARC 9115A 3003

Notice, FIP and FMAP--time limit for decision,
40.25, 76.3, 76.4(3) ARC 9094A 3003

Notice, Subsidized guardianship program,
75.1(11), ch 204 ARC 9116A 3004

Amended Notice, Nursing facilities--
beginning date of eligibility, 81.22(2)
ARC 9117A 3005

Notice, Foster home insurance fund, 158.1(1),
158.2 ARC 9118A 3006

Filed, HAWK-I program, 86.2(4) ARC 9089A 3035

INSURANCE DIVISION[191]

COMMERCE DEPARTMENT[181]"umbrella"

Notice, Unfair trade practices--aftermarket
crash parts in auto insurance policies,
15.15 ARC 9090A 3006

Notice, Securities, 50.81 to 50.88 ARC 9114A 3007

INTEREST RATES--PUBLIC FUNDS 3019

PERSONNEL DEPARTMENT[581]

Notice, General, 1.1, 3.1(2), 3.7, 4.5, 4.6,
4.8(1), 4.9(5), 5.5(2), 8.5, 9.2(2), 9.3 to 9.7,
12.2(6), 14.2(2), 14.3(10), 14.4(14), 14.5(5),
14.7, 14.8(1), 17.14, 17.15(6), 19.1
ARC 9104A 3008

PROFESSIONAL LICENSURE DIVISION[645]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Filed, Barber examiners, 20.201 to 20.213,
20.300, chs 23 to 27, 29 ARC 9100A 3036

Filed, Behavioral science examiners, rescind
31.7, 31.11 to 31.20, chs 32 to 34, 36 to 39
ARC 9105A 3037

Filed, Chiropractic examiners, 40.21 to 40.35,
40.47, chs 41, 42, 49 ARC 9128A 3037

Filed, Cosmetology, 60.2(4), 60.3, 60.4(4),
60.13(1) ARC 9129A 3038

Filed, Cosmetology, rescind 65.1 to 65.11,
65.13, 65.101, chs 66 to 71 ARC 9103A 3039

Filed, Optometry, rescind 180.101 to 180.114,
180.116 to 180.122, 180.300, chs 186 to 191
ARC 9099A 3039

Filed, Podiatry, 220.3(10), 220.7, 220.100,
220.101, 220.213, 221.6(2), 221.9, 221.10(5)
ARC 9106A 3039

Filed, Social work, 280.1, 280.100(1),
280.101(2), 280.105(2), 280.200 to 280.213,
rescind chs 281 to 285, 289 ARC 9102A 3041

Filed, Speech pathology and audiology,
ch 300, 301.2, 301.4 to 301.10 ARC 9107A 3042

Filed, Physician assistants, 325.11, rescind
325.12 to 325.14, chs 326, 327 ARC 9101A 3043

PUBLIC FUNDS--AVAILABILITY

Emergency Management Division[605]
Hazard mitigation grant program (HMGP) 2996

Public Health Department[641]
Anatomical gift awareness program 2997

PUBLIC HEALTH DEPARTMENT[641]

Notice of Public Funds Availability 2997

Notice, Swimming pools, 15.4(5)"e"
ARC 9111A 3013

Notice, WIC program, 73.1, 73.2, 73.5, 73.7
to 73.9, 73.19, 73.23 ARC 9113A 3014

Notice, Death certification, autopsy and
disinterment, 101.6 ARC 9112A 3018

Notice, Criteria for awards or grants, 176.2,
176.7 ARC 9110A 3018

PUBLIC HEARINGS

Summarized list 2990

RACING AND GAMING COMMISSION[491]

INSPECTIONS AND APPEALS DEPARTMENT[481]"umbrella"

Filed, Rule making and declaratory orders,
ch 2 ARC 9091A 3043

REAL ESTATE COMMISSION[193E]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Filed, Agency procedures; business conduct,
1.23, 1.42, chs 4, 7 ARC 9108A 3043

TREASURER OF STATE

Notice--Public funds interest rates 3019

PUBLISHED UNDER AUTHORITY OF IOWA CODE SECTIONS 2B.5 AND 17A.6

__________________________________

PREFACE

The Iowa Administrative Bulletin is published biweekly in pamphlet form pursuant to Iowa Code chapters 2B and 17A and contains Notices of Intended Action on rules, Filed and Filed Emergency rules by state agencies.

It also contains Proclamations and Executive Orders of the Governor which are general and permanent in nature; Economic Impact Statements to proposed rules and filed emergency rules; Objections filed by Administrative Rules Review Committee, Governor or the Attorney General; and Delay by the Committee of the effective date of filed rules; Regulatory Flexibility Analyses and Agenda for monthly Administrative Rules Review Committee meetings. Other "materials deemed fitting and proper by the Administrative Rules Review Committee" include summaries of Public Hearings, Attorney General Opinions and Supreme Court Decisions.

The Bulletin may also contain Public Funds Interest Rates [12C.6]; Workers' Compensation Rate Filings [515A.6(7)]; Usury [535.2(3)"a"]; Agricultural Credit Corporation Maximum Loan Rates [535.12]; and Regional Banking--Notice of Application and Hearing [524.1905(2)].

PLEASE NOTE: Italics indicate new material added to existing rules; ~~strike through letters~~ indicate deleted material.

KATHLEEN K. BATES, Administrative Code Editor Telephone: (515)281-3355

ROSEMARY DRAKE, Deputy Editor (515)281-7252

Fax: (515)281-4424

SUBSCRIPTION INFORMATION

Iowa Administrative Bulletin

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

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

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

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

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

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

Iowa Administrative Code

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

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

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

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

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

(Subscription expires June 30, 1999)

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

Customer Service Center

Department of General Services

Hoover State Office Building, Level A

Des Moines, IA 50319

Telephone: (515)242-5120

Schedule for Rule Making
1999

NOTICE
SUBMISSION DEADLINE
NOTICE PUB.
DATE
HEARING OR
COMMENTS 20 DAYS
FIRST
POSSIBLE ADOPTION DATE
35 DAYS
ADOPTED FILING DEADLINE
ADOPTED PUB.
DATE
FIRST
POSSIBLE EFFECTIVE DATE
POSSIBLE EXPIRATION OF NOTICE 180 DAYS
Dec. 25 '98
Jan. 13 '99
Feb. 2 '99
Feb. 17 '99
Feb. 19 '99
Mar. 10 '99
Apr. 14 '99
July 12 '99
Jan. 8
Jan. 27
Feb. 16
Mar. 3
Mar. 5
Mar. 24
Apr. 28
July 26
Jan. 22
Feb. 10
Mar. 2
Mar. 17
Mar. 19
Apr. 7
May 12
Aug. 9
Feb. 5
Feb. 24
Mar. 16
Mar. 31
Apr. 2
Apr. 21
May 26
Aug. 23
Feb. 19
Mar. 10
Mar. 30
Apr. 14
Apr. 16
May 5
June 9
Sept. 6
Mar. 5
Mar. 24
Apr. 13
Apr. 28
Apr. 30
May 19
June 23
Sept. 20
Mar. 19
Apr. 7
Apr. 27
May 12
May 14
June 2
July 7
Oct. 4
Apr. 2
Apr. 21
May 11
May 26
May 28
June 16
July 21
Oct. 18
Apr. 16
May 5
May 25
June 9
June 11
June 30
Aug. 4
Nov. 1
Apr. 30
May 19
June 8
June 23
June 25
July 14
Aug. 18
Nov. 15
May 14
June 2
June 22
July 7
July 9
July 28
Sept. 1
Nov. 29
May 28
June 16
July 6
July 21
July 23
Aug. 11
Sept. 15
Dec. 13
June 11
June 30
July 20
Aug. 4
Aug. 6
Aug. 25
Sept. 29
Dec. 27
June 25
July 14
Aug. 3
Aug. 18
Aug. 20
Sept. 8
Oct. 13
Jan. 10 '00
July 9
July 28
Aug. 17
Sept. 1
Sept. 3
Sept. 22
Oct. 27
Jan. 24 '00
July 23
Aug. 11
Aug. 31
Sept. 15
Sept. 17
Oct. 6
Nov. 10
Feb. 7 '00
Aug. 6
Aug. 25
Sept. 14
Sept. 29
Oct. 1
Oct. 20
Nov. 24
Feb. 21 '00
Aug. 20
Sept. 8
Sept. 28
Oct. 13
Oct. 15
Nov. 3
Dec. 8
Mar. 6 '00
Sept. 3
Sept. 22
Oct. 12
Oct. 27
Oct. 29
Nov. 17
Dec. 22
Mar. 20 '00
Sept. 17
Oct. 6
Oct. 26
Nov. 10
Nov. 12
Dec. 1
Jan. 5 '00
Apr. 3 '00
Oct. 1
Oct. 20
Nov. 9
Nov. 24
Nov. 26
Dec. 15
Jan. 19 '00
Apr. 17 '00
Oct. 15
Nov. 3
Nov. 23
Dec. 8
Dec. 10
Dec. 29
Feb. 2 '00
May 1 '00
Oct. 29
Nov. 17
Dec. 7
Dec. 22
Dec. 24
Jan. 12 '00
Feb. 16 '00
May 15 '00
Nov. 12
Dec. 1
Dec. 21
Jan. 5 '00
Jan. 7 '00
Jan. 26 '00
Mar. 1 '00
May 29 '00
Nov. 26
Dec. 15
Jan. 4 '00
Jan. 19 '00
Jan. 21 '00
Feb. 9 '00
Mar. 15 '00
June 12 '00
Dec. 10
Dec. 29
Jan. 18 '00
Feb. 2 '00
Feb. 4 '00
Feb. 23 '00
Mar. 29 '00
June 26 '00
Dec. 24
Jan. 12 '00
Feb. 1 '00
Feb. 16 '00
Feb. 18 '00
Mar. 8 '00
Apr. 12 '00
July 10 '00
Jan. 7 '00
Jan. 26 '00
Feb. 15 '00
Mar. 1 '00
Mar. 3 '00
Mar. 22 '00
Apr. 26 '00
July 24 '00

PRINTING SCHEDULE FOR IAB

ISSUE NUMBER
SUBMISSION DEADLINE
ISSUE DATE
1
Friday, June 25, 1999
July 14, 1999
2
Friday, July 9, 1999
July 28, 1999
3
Friday, July 23, 1999
August 11, 1999

PLEASE NOTE:

Rules will not be accepted after 12 o'clock noon on the Friday filing deadline days unless prior approval has been received from the Administrative Rules Coordinator's office.

If the filing deadline falls on a legal holiday, submissions made on the following Monday will be accepted.

PUBLICATION PROCEDURES

TO: Administrative Rules Coordinators and Text Processors of State Agencies

FROM: Kathleen K. Bates, Iowa Administrative Code Editor

SUBJECT: Publication of Rules in Iowa Administrative Bulletin

The Administrative Code Division uses Interleaf 6 to publish the Iowa Administrative Bulletin and can import documents directly from most other word processing systems, including Microsoft Word, Word for Windows (Word 7 or earlier), and WordPerfect.

1. To facilitate the processing of rule-making documents, we request a 3.5\ High Density (not Double Density) IBM PC-compatible diskette of the rule making. Please indicate on each diskette the following information: agency name, file name, format used for exporting, and chapter(s) amended. Diskettes may be delivered to the Administrative Code Division, 1st Floor, Lucas State Office Building or included with the documents submitted to the Governor's Administrative Rules Coordinator.

2. Alternatively, if you have Internet E-mail access, you may send your document as an attachment to an E-mail message, addressed to both of the following:

bcarr@legis.state.ia.us

kbates@legis.state.ia.us

Please note that changes made prior to publication of the rule-making documents are reflected on the hard copy returned to agencies by the Governor's office, but not on the diskettes; diskettes are returned unchanged.

Your cooperation helps us print the Bulletin more quickly and cost-effectively than was previously possible and is greatly appreciated.

PUBLIC HEARINGS

To All Agencies:

The Administrative Rules Review Committee voted to request that Agencies comply with Iowa Code section 17A.4(1)"b" by allowing the opportunity for oral presentation (hearing) to be held at least twenty days after publication of Notice in the Iowa Administrative Bulletin.

AGENCY
HEARING LOCATION
DATE AND TIME OF HEARING

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.
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

Iowa community development
block grant program,
23.4(6), 23.6
IAB 6/16/99 ARC 9093A
Northwest Conference Room
Second Floor
200 E. Grand Ave.
Des Moines, Iowa
July 6, 1999
2 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]

Nursing facilities--beginning date of
eligibility,
81.22(2)
IAB 6/16/99 ARC 9117A
(See also ARC 8936A, IAB 5/5/99)
Conference Room--6th Floor
Iowa Bldg., Suite 600
411 Third St. S.E.
Cedar Rapids, Iowa
July 7, 1999
10 a.m.

Lower Level
417 E. Kanesville Blvd.
Council Bluffs, Iowa
July 7, 1999
10 a.m.

Large Conference Room
Bicentennial Bldg.--5th Floor
428 Western
Davenport, Iowa
July 7, 1999
10 a.m.
HUMAN SERVICES DEPARTMENT[441] (Cont'd)

Conference Room 104
City View Plaza
1200 University
Des Moines, Iowa
July 7, 1999
1 p.m.

Liberty Room
Mohawk Square
22 N. Georgia Ave.
Mason City, Iowa
July 7, 1999
11 a.m.

Conference Rooms 1 and 2
120 E. Main
Ottumwa, Iowa
July 7, 1999
10 a.m.

Fifth Floor
520 Nebraska St.
Sioux City, Iowa
July 7, 1999
1:30 p.m.

Conference Room 213
Pinecrest Office Bldg.
1407 Independence Ave.
Waterloo, Iowa
July 7, 1999
10 a.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)
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.
PERSONNEL DEPARTMENT[581]

General,
1.1, 3.1(2), 3.7, 4.5, 4.6, 4.8(1),
4.9(5), 5.5(2), 8.5, 9.2(2), 9.3 to
9.7, 12.2(6), 14.2(2), 14.3(10),
14.4(14), 14.5(5), 14.7, 14.8(1),
17.14, 17.15(6), 19.1
IAB 6/16/99 ARC 9104A
South Conference Room
Grimes State Office Bldg.
Des Moines, Iowa
July 13, 1999
1:30 p.m.
PUBLIC HEALTH DEPARTMENT[641]

Swimming pools and spas,
15.4(5)
IAB 6/16/99 ARC 9111A
South Conference Room--5th Floor
Side 1
Lucas State Office Bldg.
Des Moines, Iowa
July 6, 1999
2 to 3 p.m.
PUBLIC HEALTH DEPARTMENT[641] (Cont'd)

WIC program,
73.1, 73.2, 73.5, 73.7 to
73.9, 73.19, 73.23
IAB 6/16/99 ARC 9113A
(ICN Network)
ICN Classroom 1, Room 0210
Scott Community College
500 Belmont Rd.
Bettendorf, Iowa
July 6, 1999
1 to 2 p.m.

ICN Classroom
National Guard Armory
2500 Summer St.
Burlington, Iowa
July 6, 1999
1 to 2 p.m.

Schindler Education Center 130C
UNI
Hudson Rd. and 23rd St.
Cedar Falls, Iowa
July 6, 1999
1 to 2 p.m.

Thomas Jefferson High School
1243 20th St. S.W.
Cedar Rapids, Iowa
July 6, 1999
1 to 2 p.m.

State Room
Northern Trails AEA 2
9184B 265th St.
Clear Lake, Iowa
July 6, 1999
1 to 2 p.m.

Turner Room
Green Valley AEA 14
1405 N. Lincoln
Creston, Iowa
July 6, 1999
1 to 2 p.m.

ICN Classroom 17
South Winneshiek High School
203 W. South St.
Calmar, Iowa
July 6, 1999
1 to 2 p.m.

Public Health Dept.--3rd Floor
Lucas State Office Bldg.
Des Moines, Iowa
July 6, 1999
1 to 2 p.m.

Library Bldg., Room 22
Iowa Lakes Community College
300 S. 18th St.
Estherville, Iowa
July 6, 1999
1 to 2 p.m.

ICN Classroom 204
Library Bldg.--2nd Floor
Arrowhead AEA ICCC Campus
330 Ave. M
Fort Dodge, Iowa
July 6, 1999
1 to 2 p.m.

ICN Classroom
AEA 15
2814 N. Court St.
Ottumwa, Iowa
July 6, 1999
1 to 2 p.m.

Carnegie/Stout Public Library
360 W. 11th
Dubuque, Iowa
July 6, 1999
1 to 2 p.m.
PUBLIC HEALTH DEPARTMENT[641] (Cont'd)

ICN Classroom 1
Bldg. A, Room 925
W. Iowa Tech. Community College
4647 Stone Ave.
Sioux City, Iowa
July 6, 1999
1 to 2 p.m.
Death certification, autopsy and
disinterment,
101.6
IAB 6/16/99 ARC 9112A
South Conference Room--5th Floor
Side 1
Lucas State Office Bldg.
Des Moines, Iowa
July 6, 1999
1 to 2 p.m.
Criteria for awards or grants,
176.2, 176.7
IAB 6/16/99 ARC 9110A
West Conference Room--5th Floor
Lucas State Office Bldg.
Des Moines, Iowa
July 6, 1999
10 to 11 a.m.
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.
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

AGENCY IDENTIFICATION NUMBERS

Due to reorganization of state government by 1986 Iowa Acts, chapter 1245, it was necessary to revise the agency identification numbering system, i.e., the bracketed number following the agency name.

"Umbrella" agencies and elected officials are set out below at the left-hand margin in CAPITAL letters.

Divisions (boards, commissions, etc.) are indented and set out in lowercase type under their statutory "umbrellas."

Other autonomous agencies which were not included in the original reorganization legislation as "umbrella" agencies are included alphabetically in small capitals at the left-hand margin, e.g., BEEF INDUSTRY COUNCIL, IOWA[101].

The following list will be updated as changes occur:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Agricultural Development Authority[25]

Soil Conservation Division[27]

ATTORNEY GENERAL[61]

AUDITOR OF STATE[81]

BEEF INDUSTRY COUNCIL, IOWA[101]

BLIND, DEPARTMENT FOR THE[111]

CITIZENS' AIDE[141]

CIVIL RIGHTS COMMISSION[161]

COMMERCE DEPARTMENT[181]

Alcoholic Beverages Division[185]

Banking Division[187]

Credit Union Division[189]

Insurance Division[191]

Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]

Architectural Examining Board[193B]

Engineering and Land Surveying Examining Board[193C]

Landscape Architectural Examining Board[193D]

Real Estate Commission[193E]

Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]

Utilities Division[199]

CORRECTIONS DEPARTMENT[201]

Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]

Arts Division[222]

Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

City Development Board[263]

Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]

Educational Examiners Board[282]

College Student Aid Commission[283]

Higher Education Loan Authority[284]

Iowa Advance Funding Authority[285]

Libraries and Information Services Division[286]

Public Broadcasting Division[288]

School Budget Review Committee[289]

EGG COUNCIL[301]

ELDER AFFAIRS DEPARTMENT[321]

EMPOWERMENT BOARD, IOWA[349]

ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA[351]

EXECUTIVE COUNCIL[361]

FAIR BOARD[371]

GENERAL SERVICES DEPARTMENT[401]

HUMAN INVESTMENT COUNCIL[417]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

Status of Blacks Division[434]

Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]

INSPECTIONS AND APPEALS DEPARTMENT[481]

Employment Appeal Board[486]

Foster Care Review Board[489]

Racing and Gaming Commission[491]

State Public Defender[493]

LAW ENFORCEMENT ACADEMY[501]

LIVESTOCK HEALTH ADVISORY COUNCIL[521]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NARCOTICS ENFORCEMENT ADVISORY COUNCIL[551]

NATIONAL AND COMMUNITY SERVICE, IOWA COMMISSION ON[555]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board[575]

PERSONNEL DEPARTMENT[581]

PETROLEUM UNDERGROUND STORAGE TANK FUND
BOARD, IOWA COMPREHENSIVE[591]

PREVENTION OF DISABILITIES POLICY COUNCIL[597]

PUBLIC DEFENSE DEPARTMENT[601]

Emergency Management Division[605]

Military Division[611]

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

PUBLIC HEALTH DEPARTMENT[641]

Substance Abuse Commission[643]

Professional Licensure Division[645]

Dental Examiners Board[650]

Medical Examiners Board[653]

Nursing Board[655]

Pharmacy Examiners Board[657]

PUBLIC SAFETY DEPARTMENT[661]

RECORDS COMMISSION[671]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

SEED CAPITAL CORPORATION, IOWA[727]

SHEEP AND WOOL PROMOTION BOARD, IOWA[741]

TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION, IOWA[751]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

UNIFORM STATE LAWS COMMISSION[791]

VETERANS AFFAIRS COMMISSION[801]

VETERINARY MEDICINE BOARD[811]

VOTER REGISTRATION COMMISSION[821]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Labor Services Division[875]

Workers' Compensation Division[876]

Workforce Development Board and
Workforce Development Center Administration Division[877]

NOTICES

ARC 9119A

COLLEGE STUDENT AID COMMISSION[283]

Notice of Intended Action

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

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

Pursuant to the authority of Iowa Code section 261.3, the College Student Aid Commission proposes amendments to Chapter 13, "Iowa Vocational-Technical Tuition Grant Program," Iowa Administrative Code.

These amendments will align program requirements with changes in the law which were passed by the Iowa General Assembly in 1999 Iowa Acts, Senate File 464, sections 29 and 30.

Interested persons may submit comments orally or in writing to the Executive Director, College Student Aid Commission, 200 Tenth Street, Fourth Floor, Des Moines, Iowa 50309, telephone (515)281-3501, on or before July 6, 1999.

These amendments are intended to implement Iowa Code section 261.17 as amended by 1999 Iowa Acts, Senate File 464, sections 29 and 30.

The following amendments are proposed.

Amend rule 283--13.1(261) as follows:

283--13.1(261) Tuition grant based on financial need to Iowa residents enrolled in vocational or technical (career education) programs at ~~public area schools~~ community colleges in the state.

13.1(1) Financial need.

a. Financial need is defined as the difference between the estimated amount of family resources available for college expenses and the total costs at the institution the student plans to attend.

b. Financial need shall be evaluated annually on the basis of a confidential financial statement filed on forms designated by the commission which must be received by the processing agency by the priority dates specified in the application instructions.

13.1(2) Student eligibility.

a. A recipient must be an Iowa resident. The criteria used by the state board of regents to determine residency for tuition purposes, IAC 681--1.4(262), are adopted for this program.

b. A recipient must be enrolled for at least three semester hours or the trimester or quarter equivalent in a vocational-technical or career option program.

c. A recipient may receive moneys under this program for liberal arts classes identified by the community college as required for completion of the student's vocational-technical or career option program. A recipient must be concurrently enrolled in a vocational or technical (career education) program.

d. A full-time recipient may receive moneys under this program for not more than four semesters~~, eight quarters,~~ or the trimester or quarter equivalent of two full years of study. A part-time recipient may receive moneys under this program for not more than eight semesters or the trimester or quarter equivalent of two full years of full-time study. A recipient who is making satisfactory progress but cannot complete the course because of required liberal arts classes may receive the grant for one additional enrollment period.

e. A full-time recipient may receive no more than the amount specified by Iowa law or the amount of the student's established financial need, whichever is less. A part-time recipient's award shall be a prorated portion of the full-time award. The proration will be established by the commission in a manner consistent with federal Pell grant program proration. Part-time recipients taking from 3 to 5 credit hours will receive awards equal to one-fourth of the full-time award; recipients taking from 6 to 8 credit hours will receive awards equal to one-half of the full-time award; and recipients taking from 9 to 11 credit hours will receive awards equal to three-fourths of the full-time award.

e f. A recipient may again be eligible for moneys under 13.1(2)"e" if the recipient resumes study after at least a two-year absence, except for coursework for which credit was previously received.

13.1(3) to 13.1(8) No change.

This rule is intended to implement Iowa Code section 261.9(1) and Iowa Code ~~Supplement~~ section 261.17 as amended by ~~1998 Iowa Acts, chapter 1215~~ 1999 Iowa Acts, Senate File 464, sections 29 and 30.

ARC 9120A

COLLEGE STUDENT AID COMMISSION[283]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 261.3, the College Student Aid Commission proposes to amend Chapter 20, "Iowa National Guard Tuition Aid Program," Iowa Administrative Code.

These amendments will align program requirements with changes in the law which were passed by the Iowa General Assembly in 1999 Iowa Acts, Senate File 464, section 40.

Interested persons may submit comments orally or in writing to the Executive Director, College Student Aid Commission, Fourth Floor, 200 Tenth Street, Des Moines, Iowa 50309, telephone (515)281-3501, on or before July 6, 1999.

These amendments are intended to implement 1999 Iowa Acts, Senate File 464, section 40.

The following amendments are proposed.

ITEM 1. Amend 283--Chapter 20, title, as follows:

CHAPTER 20
IOWA NATIONAL GUARD ~~TUITION AID~~ EDUCATIONAL ASSISTANCE PROGRAM

ITEM 2. Amend rule 283--20.1(261), introductory paragraph, as follows:

283--20.1(261) ~~Tuition aid~~ Educational assistance to Iowa national guard members for undergraduate studies at eligible Iowa institutions. The adjutant general shall determine eligibility requirements and select program recipients, and the decision of the adjutant general is final.

ITEM 3. Amend subrule 20.1(1) as follows:

20.1(1) Guard member eligibility. A recipient must:

a. Be a resident of Iowa, as defined by the adjutant general of Iowa, and a member of an Iowa army or air national guard unit throughout each term for which the member has applied for benefits.

b. Have satisfactorily completed required guard training.

c. Have maintained satisfactory performance of guard duty.

d. Have applied to the adjutant general of Iowa for program eligibility.

e. Be pursuing a certificate or undergraduate degree program at an eligible Iowa college or university and maintain satisfactory academic progress.

f. Provide notice of national guard status to the college or university at the time of registration.

ITEM 4. Amend subrule 20.1(4) as follows:

20.1(4) Award limitations. Awards may be used for educational assistance including tuition ~~costs~~ and fees; room and board; books, supplies, transportation and personal expenses; dependent care; and disability-related expenses. Individual award amounts ~~are limited to:~~ shall be determined by the adjutant general and shall be neither less than an amount equal to 50 percent of the resident tuition rate established for students attending regent institutions nor exceed the amount of the resident tuition rate established for students attending regent institutions.

~~a. Fifty percent of the in-state tuition rate at an Iowa regents university;~~

~~b. Fifty percent of the in-state tuition rate at an Iowa community college; and~~

~~c. An amount equal to 50 percent of the average resident tuition rate at the regents universities for enrollment at an Iowa independent institution.~~

ITEM 5. Amend subrule 20.1(5) as follows:

20.1(5) Restrictions.

a. A guard member may use benefits only for undergraduate ~~tuition costs~~ educational assistance.

b. A guard member who has met the educational requirements for a baccalaureate degree is not eligible for benefits~~; students enrolled as freshmen and sophomores will be given preference for benefits~~.

c. A qualified full-time student may receive tuition aid benefits for no more than eight semesters of undergraduate study or the quarter or trimester equivalent. A qualified part-time student may receive tuition aid benefits for no more than 16 semesters of undergraduate study or the quarter or trimester equivalent.

ARC 9121A

COLLEGE STUDENT AID COMMISSION[283]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 261.3, the College Student Aid Commission proposes to amend Chapter 32, "Chiropractic Graduate Student Forgivable Loan Program," Iowa Administrative Code.

The proposed amendments for the Iowa Chiropractic Graduate Student Forgivable Loan Program, which was established by the 1996 Iowa Legislature, require recipients to practice chiropractic in an underserved area in Iowa and eliminate the required four-year service requirement allowing the Commission to evaluate and periodically adjust the period of service required for recipients to qualify for forgiveness.

These amendments are intended to implement Iowa Code section 261.71 as amended by 1999 Iowa Acts, Senate File 464, sections 38 and 39.

The following amendments are proposed.

Amend rule 283--32.1(261) as follows:

Amend subrule 32.1(1) as follows:

32.1(1) Definitions. As used in this chapter:

"Chiropractic practice" means working full-time as a licensed chiropractor in the state of Iowa as certified by the state board of examiners.

"Graduate student" means a student who has completed at least 90 semester hours, or the trimester or quarter equivalent, of postsecondary coursework at a public higher education institution or at an accredited private institution, as defined under Iowa Code section 261.9.

"Iowa resident student" means an individual who meets the criteria used by the state board of regents to determine residency for tuition purposes, 681 IAC 1.4(262).

"Underserved area" means a geographical area included on the Iowa governor's health practitioner shortage area list, which is compiled by the center for rural health and primary care of the Iowa department of public health.

Amend subrules 32.1(2) to 32.1(4) as follows:

32.1(2) Recipient eligibility.

a. Individuals who are enrolled at the Palmer College of Chiropractic on or after July 1, 1997, who meet the Iowa residency criteria as defined in 681 IAC 1.4 (262) and ~~plan~~ agree to practice chiropractic in an underserved area in Iowa are eligible to apply for program benefits.

b. The maximum annual award from state funds to an eligible student is ~~$700 per trimester~~ $2,000.

32.1(3) Criteria for selection of recipients. Priority will be given to chiropractic students who show considerable financial need and who are willing to practice in ~~a designated shortage~~ an underserved area within the state of Iowa.

32.1(4) Promissory note. The chiropractic recipient of a loan under this program shall sign a promissory note agreeing to practice chiropractic in an underserved area in Iowa for one full year for each loan received or to repay the loan and accrued interest according to repayment terms specified in the note.

Amend subrule 32.1(9) as follows:

32.1(9) Deferral of payment.

a. Repayment of the borrower's loan obligation shall not become due until one year after the borrower graduates if the borrower does not practice chiropractic in an underserved area in Iowa.

a b. Repayment of the borrower's loan obligation may be deferred under the following circumstances: active duty in the United States military service, not to exceed three years; during a period of temporary disability, not to exceed three years.

b c. Repayment of the borrower's loan obligation under this loan program is not required during periods of enrollment as a student at Palmer College of Chiropractic.

c d. Forbearance is a revision in repayment terms to temporarily postpone payments. It may be granted when a borrower experiences a temporary hardship and is willing but unable to pay in accordance with the repayment schedule. Borrowers remain responsible for interest accrual during forbearance periods.

e. If a borrower fails to practice chiropractic in an underserved area in Iowa for four years, the borrower shall repay the loan on a prorated basis. The prorated balance will be calculated as a daily amount by dividing the amount advanced by the number of days in the service period less the number of days served by the physician multiplied by the daily amount.

f. Loans not forgiven may be sold to a bank, savings and loan association, credit union, or nonprofit agency eligible to participate in the guaranteed student loan program under the Federal Higher Education Act of 1965, 20 U.S.C. § 1071 et seq., by the commission when the loans become due for repayment.

The program administrator may grant forbearance for periods of less than six months; periods of greater than six months but less than one year must be approved by the executive director. Forbearance periods exceeding one year must be approved by the commission.

ARC 9122A

COLLEGE STUDENT AID COMMISSION[283]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 261.3, the College Student Aid Commission amends Chapter 35, "Industrial Technology Forgivable Loan Program," Iowa Administrative Code.

The proposed amendments to this chapter will change the program name to "Teacher Shortage Forgivable Loan Program" and will establish rules for administering the Teacher Shortage Forgivable Loan Program, which was established in 1999 Iowa Acts, Senate File 464, section 41.

These amendments are intended to implement Iowa Code section 261.111 as amended by 1999 Iowa Acts, Senate File 464, section 41.

The following amendments are proposed.

Amend 283--Chapter 35 as follows:

CHAPTER 35
INDUSTRIAL TECHNOLOGY FORGIVABLE
LOAN PROGRAM TEACHER SHORTAGE
FORGIVABLE LOAN PROGRAM

283--35.1(~~77GA,ch1215~~ 261) ~~Industrial technology~~ Teacher shortage forgivable loan program. The ~~industrial technology~~ teacher shortage forgivable loan program is a state-supported and administered forgivable loan program for Iowans enrolled as undergraduate or graduate students in an approved ~~industrial technology education program~~ designated teacher shortage area as certified by the director of the Iowa department of education.

35.1(1) Definitions. As used in this chapter:

"Eligible institution" means an institution of higher learning under the control of the state board of regents, or a North Central Association of Colleges (NCA) accredited independent institution as defined in Iowa Code section 261.9~~, or a state-supported community college~~.

"Iowa resident student" means an individual who meets the criteria used by the state board of regents to determine residency for tuition purposes, 681 IAC 1.4(262).

"Practitioner" means an administrator, teacher, or other licensed professional who does not hold or receive a license from a professional licensing board other than the board of educational examiners and who provides educational assistance to students.

"Practitioner preparation program" means a program approved by the state board of education which prepares a person to obtain a license as a practitioner.

"Teacher" means a licensed member of a school's instructional staff who diagnoses, prescribes, evaluates, and directs student learning in a manner which is consistent with professional practice and school objectives, shares responsibility for the development of an instructional program and any coordinating activities, evaluates or assesses student progress before and after instruction, and who uses the student evaluation or assessment information to promote additional student learning.

35.1(2) Student eligibility.

a. An applicant must be an Iowa resident who is enrolled as a sophomore, junior, or senior in the area of industrial technology education or is enrolled in the area of industrial technology at a community college and the credits for the coursework in industrial technology are transferable to an eligible Iowa regent or independent institution's accredited education program. or graduate student at an eligible Iowa regent university or independent college or university in an approved practitioner preparation program designated as a teacher shortage area.

b. No change.

c. An applicant must complete and file an application for the ~~industrial technology~~ teacher shortage forgivable loan program. Applicants must submit the application by the deadline established by the commission. If funds remain available after the application deadline, the commission will continue to accept applications.

d. No change.

e. Financial need is defined as the difference between the student's college expenses and the amount of the financial aid available to defray the expenses.

35.1(3) Selection criteria. All applications received on or before the published deadline will be considered for funding. In the event that all applicants for the program cannot be funded with the available appropriations, the following selection criteria will be used to select the recipients: renewal status, date of application, date available to begin teaching, and applicant's financial resources.

35.1(4) Promissory note. Loan recipients shall sign promissory notes agreeing to teach ~~industrial technology~~ in the designated teacher shortage area for which the loan was approved in Iowa for five years or to repay the loan and accrued interest according to repayment terms specified in the note.

35.1(5) Interest rate. The rate of interest shall be equal to the rate of a federal Stafford Student Loan for the first year in which the recipient made application. All subsequent loans shall carry the same interest rate as the initial forgivable loan.

35.1(6) Disbursement of loan proceeds. No change.

35.1(7) Loan cancellations.

a. Thirty days following graduation, termination of enrollment at the student's institution or termination of full-time teaching ~~of industrial technology education~~ in a designated teacher shortage area in Iowa, the borrower shall notify the commission of the nature of the borrower's employment and educational status.

b. To certify eligibility for cancellation, the borrower must submit to the commission an affidavit from the borrower's school district verifying that the borrower taught full-time in ~~the area of industrial technology,~~ the designated teacher shortage area for which the loan was approved in an Iowa school district or an accredited nonpublic school. The borrower's loan amount, including principal and interest, shall be reduced by 20 percent for each year of full-time teaching in ~~the area of industrial technology~~ the designated teacher shortage area for which the loan was approved.

c. and d. No change.

35.1(8) Loan payments. No change.

35.1(9) Deferral of repayment.

a. No change.

b. Repayment of the borrower's loan obligation under this program is not required during periods of enrollment as an undergraduate ~~student in the area of industrial technology, or during periods of teaching in the area of industrial technology.~~ or graduate student in a designated teacher shortage area, or during periods of teaching in the shortage area for which the loan was approved.

c. No change.

35.1(10) Restrictions. No change.

This rule is intended to implement ~~1998 Iowa Acts, chapter 1215~~ Iowa Code section 261.111 as amended by 1999 Iowa Acts, Senate File 464, section 41.

ARC 9093A

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

Notice of Intended Action

Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa Department of Economic Development hereby gives Notice of Intended Action to amend Chapter 23, "Iowa Community Development Block Grant Program," Iowa Administrative Code.

The proposed amendments clarify application procedures and timing of application submittal and add a rating criterion addressing orderly, compact development as a point of consideration in funding decisions.

Public comments concerning the proposed amendments will be accepted until 4:30 p.m. on July 6, 1999. Interested persons may submit written or oral comments by contacting: Roselyn McKie Wazny, Department of Economic Development, 200 East Grand Avenue, Des Moines, Iowa 50309; telephone (515)242-4822.

A public hearing to receive comments about the proposed amendments will be held at 2 p.m. on July 6, 1999, at the above address in the IDED northwest conference room, second floor. Individuals interested in providing comments at the hearing should contact Roselyn McKie Wazny by 4 p.m. on July 5, 1999, to be placed on the hearing agenda.

These amendments are intended to implement Iowa Code section 15.108(1)"a."

The following amendments are proposed.

ITEM 1. Amend subrule 23.4(6) as follows:

23.4(6) Competitive program. The remaining funds shall be available on a competitive basis though the water and sewer fund and community facilities and services fund. Of the remaining amount, 70 percent shall be reserved for the water and sewer fund, 15 percent shall be reserved for the community facilities and services fund and 15 percent shall be allocated to either the water and sewer fund or community facilities and services fund at the discretion of the director, based on requests for funds.

~~a. Funding from the water and sewer fund shall be divided into two award cycles.~~

~~b. Up to 85 percent of the funds shall be awarded in the first award cycle.~~

ITEM 2. Amend paragraph 23.6(3)"c" by adding the following new subparagraph (8):

(8) Degree to which the project promotes orderly, compact development supported by affordable public infrastructure.

ITEM 3. Amend subrule 23.6(3) by rescinding paragraph "d" and amending paragraph "f" as follows:

f. Full applications shall be submitted by a deadline established by IDED, which shall be no earlier than 50 days after IDED issues the invitation to apply. ~~Applicants shall submit the original and two copies of completed applications with required attachments to IDED at the address provided in paragraph "a" above.~~

ITEM 4. Amend paragraph 23.6(4)"c" by adding the following new subparagraph (8):

(8) Degree to which the project promotes orderly, compact development supported by affordable public infrastructure.

ITEM 5. Amend paragraph 23.6(4)"e" as follows:

e. Full applications shall be submitted by a deadline established by IDED, which shall be no earlier than 50 days after IDED issues the invitation to apply. ~~Applicants shall submit one original and two copies of completed applications with the required attachments to IDED at the address provided in paragraph "a" above.~~

ARC 9127A

ENGINEERING AND LAND SURVEYING EXAMINING BOARD[193C]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 542B.6, the Engineering and Land Surveying Examining Board hereby gives Notice of Intended Action to amend Chapter 1, "Administration," Iowa Administrative Code.

This amendment clarifies and revises the cutoff dates for applications to take examinations. Applications for senior engineering students to take the Fundamentals of Engineering examination have been extended from August 1 to September 1 for the fall examination and from February 1 to March 1 for the spring examination. This revision is being made to set the deadline after school starts in the fall semester at the request of the engineering colleges and because these applications do not require board review. The cutoff dates for all other examinations remain the same at August 1 and February 1 because those applications require a more extensive review by administrative staff and the Board to determine eligibility to sit for the examinations.

Any interested person may make written or oral suggestions or comments on this proposed amendment on or before July 6, 1999. Comments should be directed to Gleean Coates, Executive Secretary, Engineering and Land Surveying Examining Board at 1918 S.E. Hulsizer Road, Ankeny, Iowa 50021, or by telephoning (515)281-7360.

It is the intention of the Board that, upon adoption, this rule will go into effect immediately upon filing. The Board does not intend to wait 35 days after filing for the effective date because the Board believes that this amendment will confer a benefit and remove a restriction on a segment of the public.

This amendment is intended to implement Iowa Code section 542B.13.

The following amendment is proposed.

Rescind rule 193C--1.5(542B) and adopt the following new rule:

193C--1.5(542B) Cutoff dates for applications to take examinations. Applications for the Fundamentals of Engineering Examination from college seniors studying an Accreditation Board of Engineering and Technology (ABET) or Canadian Engineering Accreditation Board (CEAB) approved curriculum must be postmarked on or before September 1 of each year for the examination given in the fall and by March 1 of each year for the examination given in the spring. All other applications for the Fundamentals of Engineering, Fundamentals of Land Surveying, Principles and Practice of Engineering, and Principles and Practice of Land Surveying examinations require a more detailed review and must, therefore, be postmarked on or before August 1 of each year for the examination given in the fall and by February 1 of each year for the examination given in the spring.

ARC 9126A

ENGINEERING AND LAND SURVEYING EXAMINING BOARD[193C]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 542B.6, the Engineering and Land Surveying Examining Board hereby gives Notice of Intended Action to amend Chapter 4, "Discipline and Professional Conduct of Licensees," Iowa Administrative Code.

Item 1 revises the authority of the peer review committee by removing the word "reputation" with regard to investigation of the respondent and changes it to "practice." This will clarify that peer review committees should limit their investigation to the practice of the respondent rather than an investigation of the individual's reputation.

Item 2 provides notice to licensees of factors that the board will take into consideration when deciding to impose civil penalties and the amount of penalty to be imposed.

These amendments are intended to implement Iowa Code section 272C.3.

The following amendments are proposed.

ITEM 1. Amend subrule 4.5(2) as follows:

4.5(2) Authority. The committee's investigation may include activities such as interviewing the complainant, the respondent, individuals with knowledge of the alleged violation, and individuals with knowledge of the respondent's ~~reputation~~ practice in the community; gathering documents; site visits; and independent analyses as deemed necessary.

ITEM 2. Amend rule 193C--4.36(542B) by adding new subrule 4.36(5) as follows:

4.36(5) In addition to other disciplinary options, the board may assess civil penalties of up to $1000 per violation against licensees who violate any provision of rule 4.3(542B). Factors the board may consider when determining whether and in what amount to assess civil penalties include:

a. Whether other forms of discipline are being imposed for the same violation.

b. Whether the amount imposed will be a substantial economic deterrent to the violation.

c. The circumstances leading to the violation.

d. The severity of the violation and the risk of harm to the public.

e. The economic benefits gained by the licensee as a result of the violation.

f. The interest of the public.

g. Evidence of reform or remedial action.

h. Time elapsed since the violation occurred.

i. Whether the violation is a repeat offense following a prior cautionary letter, disciplinary order, or other notice of the nature of the infraction.

j. The clarity of the issue involved.

k. Whether the violation was willful and intentional.

l. Whether the licensee acted in bad faith.

m. The extent to which the licensee cooperated with the board.

n. Whether the licensee practiced professional engineering or land surveying with a lapsed, inactive, suspended or revoked license.

ARC 9115A

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 218.4, the Department of Human Services proposes to amend Chapter 29, "Mental Health Institutes," and Chapter 30, "StateHospital-Schools," appearing in the Iowa Administrative Code.

These amendments correct obsolete rule and program references in 441--Chapters 29 and 30.

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 July 7, 1999.

These amendments are intended to implement Iowa Code sections 222.78 and 230.15.

The following amendments are proposed.

ITEM 1. Amend rule 441--29.3(230) as follows:

441--29.3(230) Liability for support. The liability of a person legally liable for support of a mentally ill person after 120 days of hospitalization shall be standard for one person in the ~~aid to dependent children~~ family investment program as established in 441--subrule ~~41.8(2)~~ 41.28(2).

This rule is intended to implement Iowa Code section 230.15.

ITEM 2. Amend rule 441--30.2(222) as follows:

441--30.2(222) Liability for support. The liability of any person, other than the patient, who is legally bound for the support of any patient under ~~eighteen (~~18) years of age shall be determined in the same manner as parent liability in rule ~~441--156.3(252C)~~ 441--156.2(234), except that the maximum liability shall not exceed the standards for personal allowances established by the department under the ~~aid to dependent children~~ family investment program.

This rule is intended to implement Iowa Code section 222.78.

ARC 9094A

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Pursuant to the authority of Iowa Code sections 239B.4 and 249A.4, the Department of Human Services proposes to amend Chapter 40, "Application for Aid," and Chapter 76, "Application and Investigation," appearing in the Iowa Administrative Code.

These amendments revise policy regarding issuance of the notice of decision for applicants for the Family Investment Program (FIP) and Family Medical Assistance Program (FMAP). Under current policy, applicants must receive a written notice of decision by the thirtieth day following the date of application.

Under these revisions, a determination of eligibility shall be made for FIP and FMAP-related Medicaid applicants as soon as possible, but no later than 30 days from the date of application. A written notice of decision shall be issued the next working day following the determination of eligibility.

These policies are revised to match food stamp policy with a resulting reduction in program complexity and improvement in program error rates. Most clients simultaneously receive FIP, food stamp, and Medicaid benefits. Consistency among program rules simplifies the programs, reduces the potential for error, and is less confusing for clients.

These amendments are intended to implement Iowa Code sections 239B.3 as amended by 1999 Iowa Acts, Senate File 221, section 2, and 249A.4.

The following amendments are proposed.

ITEM 1. Amend rule 441--40.25(239B) as follows:

441--40.25(239B) Time limit for decision. ~~The applicant shall receive a notice approving assistance, or a written notice of~~ A determination of approval or denial shall be made as soon as possible, but ~~not~~ no later than 30 days ~~from~~ following the date of filing an application. A written notice of decision shall be issued to the applicant the next working day following a determination of eligibility or ineligibility. This time standard shall apply except in unusual circumstances, such as when the ~~local~~ county office and the applicant have made every reasonable effort to secure necessary information which has not been supplied by the date the time limit expired; or because of emergency situations, such as fire, flood or other conditions beyond the administrative control of the ~~local~~ county office. When eligibility is dependent upon the birth of a child the time limit may be extended while awaiting the birth of the child. When it becomes evident that due to an error on the part of the ~~local~~ county office, eligibility will not be established within the 30-day limit, the application shall be approved pending a determination of eligibility.

This rule is intended to implement Iowa Code sections 239B.3, 239B.4, 239B.5 and 239B.6.

ITEM 2. Amend rule 441--76.3(249A), introductory paragraph, as follows:

441--76.3(249A) Time limit for decision. Applications shall be investigated by the county department of human services. ~~The applicant shall receive a written notice~~ A determination of approval, conditional eligibility, or denial shall be made as soon as possible, but no later than 30 days of following the date of filing the application unless one or more of the following conditions exist.

ITEM 3. Amend rule 441--76.4(249A) by adopting the following new subrule:

76.4(3) A written notice of decision shall be issued to the applicant the next working day following a determination of eligibility, conditional eligibility or ineligibility.

ARC 9116A

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Pursuant to the authority of Iowa Code sections 234.6 and 249A.4, the Department of Human Services proposes to amend Chapter 75, "Conditions of Eligibility," and to adopt Chapter 204, "Subsidized Guardianship Program," Iowa Administrative Code.

These amendments implement a subsidized guardianship program to provide financial assistance to guardians of eligible children who are not able to be adopted and who are not able to return home and allow Medicaid for the children in subsidized guardianship.

A person who has been named guardian in a permanency order under Iowa Code section 232.104(2)"d"(1) for a child who was previously in the custody of the Department is eligible for subsidy when the Department has determined the option of reunification has been eliminated and termination of parental rights is not appropriate; the child is in foster care at the time of application and has lived in foster care for at least 12 months of the last 18 months; the child is either 14 years of age or older or, if under 14 years of age, is part of a sibling group with a child aged 14 or older and cannot be made available for adoption; and the placement does not require departmental supervision.

Some children receive foster care payments after the age of 18, but there is no provision for this in the subsidized guardianship program. Children whose parental rights have been terminated are not eligible for the program.

This program will allow children a more permanent placement than they have in foster care.

These amendments are intended to implement Iowa Code sections 234.6 and 249A.4 and 1999 Iowa Acts, House File 760, section 15, subsection 9.

The following amendments are proposed.

ITEM 1. Amend rule 441--75.1(249A) by adopting the following new subrule:

75.1(11) Individuals under the age of 18 living in a court-approved subsidized guardianship home. Medical assistance will be available to individuals under the age of 18 living in a court-approved subsidized guardianship home under this subrule provided they are not otherwise eligible for medical assistance under a category for which federal financial participation is available.

ITEM 2. Adopt the following new chapter:

CHAPTER 204
SUBSIDIZED GUARDIANSHIP PROGRAM

PREAMBLE

This chapter implements a subsidized guardianship program to provide financial assistance to guardians of eligible children who are not able to be adopted and who are not able to return home. This program will allow children a more permanent placement than they have in foster care.

441--204.1(234) Definitions.

"Child" means a person who has not attained the age of 18.

"Department" means the Iowa department of human services.

"Guardianship subsidy" means a monthly payment to assist in covering the cost of room, board, clothing, and spending money for the child.

441--204.2(234) Eligibility.

204.2(1) General conditions of eligibility. The guardian named in a permanency order under Iowa Code section 232.104(2)"d"(1) for a child who was previously in the custody of the department is eligible for subsidy when all of the following conditions exist:

a. The department has determined the option of reunification has been eliminated and termination of parental rights is not appropriate.

b. The child is in foster care subsidized by the department at the time of application and has lived in foster care for at least 12 months of the last 18 months.

c. The child is either 14 years of age or older or, if under 14 years of age, is part of a sibling group with a child aged 14 or older and cannot be made available for adoption.

d. The placement does not require departmental supervision.

e. The guardian is a person, not an agency.

204.2(2) Residency. The subsidized guardianship applicant or recipient need not reside in Iowa.

204.2(3) Unearned income. Unearned income of the child from sources such as social security, veterans administration, railroad compensation, trust funds, and the family's insurance shall also be used before subsidy funds are expended. The guardian shall provide to the department worker documentation from any source of the child's unearned income.

204.2(4) Other services. Other services available to the guardian free of charge to meet the needs of the child, such as other federal, state, and local governmental and private assistance programs, shall be explored and used prior to the expenditure of subsidy funds.

441--204.3(234) Application. Applications for the subsidized guardianship program may be made at any county office of the department.

204.3(1) Application forms. Application for guardianship subsidy shall be made on Form 470-3632, Application for Guardianship Subsidy.

204.3(2) Eligibility determination. The determination of whether a child meets eligibility requirements is made by the department. The person shall be notified in writing of the decision of the county office regarding the person's eligibility for the program and the amount of the subsidy to be made.

204.3(3) Effective date. The effective date of the subsidy payment shall be the date the guardianship order is signed if all other conditions of eligibility are met.

204.3(4) Redetermination. The department worker shall review the child's eligibility, the needs of the child, and the child's unearned income every 12 months. Reviews may be done more often if needed because of the child's need for a special service, revision of the subsidy amount because of the child's age, or a request for review by the guardian. The amount of subsidy may be renegotiated at the time of review.

441--204.4(234) Negotiation of amount of subsidy.

204.4(1) Subsidy agreement. The amount of subsidy shall be negotiated between the department and the guardian, and shall be based upon the needs of the child, and the circumstances of the family. Each time negotiations are completed, the Guardianship Subsidy Agreement, Form 470-3631, shall be completed and signed by the guardian and the department worker.

204.4(2) Amount of subsidy. The department shall enter into the agreement based upon available funds. A guardianship subsidy shall be no less than $10 per month. The maximum monthly payment for a child in subsidized guardianship shall be made equal to the foster family care maintenance rate according to the age and special needs of the child as found at 441--subrule 156.6(1) and 441--paragraphs 156.6(4)"a" and "b."

204.4(3) Placement outside of home. If a child needs to be placed out of the guardian's home for treatment and the plan is for the child to return to the family, a partial subsidy amount may be negotiated.

441--204.5(234) Parental residual rights and responsi-bilities. Parental residual rights and responsibilities are not affected by the subsidy. These may be set out or limited in the guardianship order and may include visitation, consent to adoption, support and lines of inheritance.

These payments are considered foster care payments for purposes of child support recovery and as such create a support debt for the parents.

441--204.6(234) Termination of subsidy. The subsidy shall terminate when any of the following occur, and a notice shall be sent which states the reason for the termination:

1. The child no longer meets the definition of "child."

2. The child marries.

3. The guardian is no longer using the maintenance payments to support the child.

4. Upon the death of the child, or the death of the guardian of the child (one in a single-parent family and both in a two-parent family).

5. Upon conclusion of the terms of the agreement.

6. Upon request of the guardian.

7. The guardian is no longer legally responsible for the child.

8. The family fails to participate in the renewal process.

9. The juvenile court closes its guardianship case.

10. The department funds for subsidized guardianship are no longer available.

441--204.7(234) Reinstatement of subsidy. Reinstatement of the subsidy shall be made when the subsidy was terminated because of a reason in rule 441--204.6(234), numbered paragraph "3," "6," or "8," and the reason for termination no longer exists.

441--204.8(234) Appeals. The guardian may appeal adverse determination pursuant to 441--Chapter 7.

441--204.9(234) Medical assistance. Children eligible for subsidy are entitled to medical assistance as defined in 441--Chapter 75. When an Iowa child receives medical assistance from another state, Iowa shall discontinue paying any medical costs the month following the move unless additional time is necessary for a timely notice of decision to be provided to the guardian.

The funding source for medical assistance is based on the following criteria:

1. Children from Iowa residing in Iowa shall be covered by Iowa's medical assistance.

2. Children from Iowa residing in another state shall receive medical assistance from the state of residence if eligible. Iowa shall provide medical assistance for children not eligible in their state of residence. Medical assistance available in the family's state of residence may vary from Iowa's medical assistance.

3. Children from another state residing in Iowa shall continue to be covered by the other state's medical assistance unless the state has adopted the adoption assistance interstate compact and a contract between Iowa and the other state exists.

These rules are intended to implement Iowa Code section 234.6 and 1999 Iowa Acts, House File 760, section 15, subsection 9.

ARC 9117A

HUMAN SERVICES DEPARTMENT[441]

Amended Notice of Intended Action

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services hereby gives Notice of Intended Action that public hearings as set forth below will be held in order to receive oral or written comments on an amendment to subrule 81.22(2), revising Medicaid policy to require that a nursing facility accept Medicaid payment as payment in full effective with a resident's beginning date of eligibility, published in the Iowa Administrative Bulletin on May 5, 1999, as ARC 8936A.

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

Cedar Rapids - July 7, 1999 10 a.m.

Cedar Rapids Regional Office

Iowa Building - Suite 600

Sixth Floor Conference Room

411 Third St. S.E.

Cedar Rapids, Iowa 52401

Council Bluffs - July 7, 1999 10 a.m.

Lower Level

Council Bluffs Regional Office

417 E. Kanesville Boulevard

Council Bluffs, Iowa 51501

Davenport - July 7, 1999 10 a.m.

Davenport Area Office

Bicentennial Building - Fifth Floor

Large Conference Room

428 Western

Davenport, Iowa 52801

Des Moines - July 7, 1999 1 p.m.

Des Moines Regional Office

City View Plaza

Conference Room 104

1200 University

Des Moines, Iowa 50314

Mason City - July 7, 1999 11 a.m.

Mason City Area Office

Mohawk Square, Liberty Room

22 North Georgia Avenue

Mason City, Iowa 50401

Ottumwa - July 7, 1999 10 a.m.

Ottumwa Area Office

Conference Rooms 1 and 2

120 East Main

Ottumwa, Iowa 52501

Sioux City - July 7, 1999 1:30 p.m.

Sioux City Regional Office

Fifth Floor

520 Nebraska St.

Sioux City, Iowa 51101

Waterloo - July 7, 1999 10 a.m.

Waterloo Regional Office

Pinecrest Office Building

Conference Room 213

1407 Independence Avenue

Waterloo, Iowa 50703

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

ARC 9118A

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 234.6, the Department of Human Services proposes to amend Chapter 158, "Foster Home Insurance Fund," appearing in the Iowa Administrative Code.

These amendments align existing rules for the foster home insurance fund with legislation passed by theSeventy-eighth General Assembly. 1999 Iowa Acts, House File 311, makes the following changes in operation of the foster home insurance fund effective July 1, 1999:

* Coverage is changed from a depreciated cost basis to a replacement cost basis.

* The insurance fund is changed from the payor of last resort to the payor of first resort.

* The deductible is changed from $75 per claim based on a single occurrence to $100 for all claims arising out of one or more occurrences during a fiscal year.

In addition, coverage is transitioned from a calendar-year basis to a fiscal-year basis effective April 26, 1999.

These amendments are intended to implement Iowa Code section 237.13 as amended by 1999 Iowa Acts, House File 311.

The following amendments are proposed.

ITEM 1. Amend subrule 158.1(1), paragraph "b," as follows:

b. ~~Reimbursement~~ Compensation to licensed foster families for property damage, at replacement cost, or ~~medical care~~ for bodily injury, as a result of the activities of the family foster care child.

ITEM 2. Amend rule 441--158.2(237) as follows:

441--158.2(237) Payment limits. ~~The fund is not liable if there is another source of compensation, including the child's own funds.~~ The fund is not liable for the first ~~$75 of any claim based on a single occurrence~~ $100 for all claims arising out of one or more occurrences during a fiscal year related to a single foster home. ~~Claims may not be aggregated or accumulated to avoid payment of the deductible.~~ The fund is not liable for claims in excess of $300,000 ~~for a single foster home or ward~~ for all claims based on one or more occurrences during a ~~calendar~~ fiscal year related to a single home.

ARC 9090A

INSURANCE DIVISION[191]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 505.8, the Division of Insurance hereby gives Notice of Intended Action to amend Chapter 15, "Unfair Trade Practices," Iowa Administrative Code.

The proposed amendment mandates that insurers requiring the use of aftermarket parts to clearly notify policyholders that aftermarket parts are used in the repair of damaged vehicles.

Any interested person may make written comments on the proposed amendment on or before July 6, 1999. These comments should be directed to Angela Burke Boston, Property/Casualty Bureau, Insurance Division, 330 Maple, Des Moines, Iowa 50319. Comments may also be sent by E-mail to angela.burke.boston@comm6.state.ia.us or by fax to (515)281-8449.

This rule is intended to implement Iowa Code section 505.8 and Iowa Code chapter 507B.

The following rule is proposed.

Amend 191--Chapter 15 by adding a new rule as follows:

191--15.15(507B) Use of aftermarket crash parts in automobile insurance policies--notice required.

15.15(1) Contents of notice. Any automobile insurance policy delivered in this state that limits benefits based on the cost of aftermarket crash parts as defined in Iowa Code chapter 537B or that requires the insured to pay the difference between the cost of original equipment manufacturer parts and the cost of aftermarket crash parts shall include a notice which contains and is limited to the following language:

NOTICE--PAYMENT FOR AFTERMARKET CRASH PARTS

Collision coverage benefits under this policy include payment for aftermarket crash parts. If you repair the vehicle using more expensive original equipment manufacturer (OEM) parts, you will pay the difference. Your motor vehicle manufacturer may not provide a warranty for aftermarket crash parts and the use of aftermarket crash parts may void other warranties provided by your motor vehicle manufacturer.

15.15(2) Form of notice. Notice may be provided on a separate form or may be stamped on the declaration page of the policy. The notice shall be provided in conjunction with all new policies issued. Notice may be provided at the time of application, but shall in no case be provided later than the time of delivery of the new policy. Insurers may inform applicants that the insurance division requires the notice in this rule.

ARC 9114A

INSURANCE DIVISION[191]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 502.607, the Insurance Division gives Notice of Intended Action to amend Chapter 50, "Regulation of Securities Offerings and Those Who Engage in the Securities Business," Iowa Administrative Code.

These rules will replace existing rules relating to sales of securities at financial institutions. They are based on model rules approved by the North American Securities Administrators Association.

Any interested person may submit written comments on or before July 6, 1999. Comments should be directed to Craig A. Goettsch, Iowa Securities Bureau, 340 E. Maple St., Des Moines, Iowa 50319-0066. Facsimile transmissions will be accepted at (515)281-3059.

These rules are intended to implement Iowa Code section 502.607.

The following rules are proposed.

ITEM 1. Rescind 191--50.81(502) and adopt the following new rule:

191--50.81(502) Applicability. These rules apply exclusively to broker-dealer services conducted by broker-dealers on the premises of a financial institution where retail deposits are taken. These rules do not alter or abrogate a broker-dealer's obligations to comply with other applicable laws, rules, or regulations that may govern the operations ofbroker-dealers and their agents, including but not limited to, supervisory obligations. These rules do not apply to broker-dealer services provided to nonretail customers.

ITEM 2. Rescind 191--50.82(502) and adopt the following new rule:

191--50.82(502) Definitions. For purposes of these rules, the following terms have the meanings indicated.

"Affiliate" means a company that controls, is controlled by, or is under common control with a broker-dealer as defined in National Association of Securities Dealers, Inc., Rule 2720.

"Broker-dealer services" means the investment banking or securities business as defined in paragraph (p) of Article I of the By-Laws of the National Association of Securities Dealers, Inc.

"Financial institution" means federal and state-chartered banks, savings and loan associations, savings banks, credit unions, and the service corporations of such institutions located in Iowa.

"Networking arrangement" and "brokerage affiliate arrangement" mean a contractual or other arrangement between a broker-dealer and a financial institution pursuant to which the broker-dealer conducts broker-dealer services on the premises of such financial institution where retail deposits are taken.

ITEM 3. Rescind rule 191--50.83(502) and adopt the following new rule:

191--50.83(502) Setting. Wherever practical, broker-dealer services shall be conducted in a physical location distinct from the area in which the financial institution's retail deposits are taken. In all situations, the broker-dealer shall identify its services in a manner that clearly distinguishes those services from the financial institution's retail deposit-taking activities. The broker-dealer's name shall be clearly displayed in the area in which the broker-dealer conducts its broker-dealer services. The burden of proving that compliance with this rule is "impractical" shall be on the person asserting it.

ITEM 4. Rescind rule 191--50.84(502) and adopt the following new rule:

191--50.84(502) Written agreement. Networking and brokerage affiliate arrangements shall be governed by a written agreement that sets forth the responsibilities of the parties and the compensation arrangements. Networking and brokerage affiliate arrangements must provide that supervisory personnel of the broker-dealer and representatives of state securities authorities, where authorized by state law, will be permitted access to the financial institution's premises where the broker-dealer conducts broker-dealer services in order to inspect the books and records and other relevant information maintained by the broker-dealer with respect to its broker-dealer services. The broker-dealer shall be responsible for ensuring that the networking and brokerage affiliate arrangement clearly outlines the duties and responsibilities of all parties.

ITEM 5. Rescind rule 191--50.85(502) and adopt the following new rule:

191--50.85(502) Disclosures. No broker-dealer shall conduct broker-dealer services on the premises of a financial institution where retail deposits are taken unless the broker-dealer complies initially and continuously with the following requirements:

50.85(1) At or prior to the time that a customer's securities brokerage account is opened by a broker-dealer on the premises of a financial institution where retail deposits are taken, the broker-dealer shall:

a. Disclose orally and in writing that the securities products purchased or sold in a transaction with the broker-dealer:

(1) Are not insured by the Federal Deposit Insurance Corporation (FDIC);

(2) Are not deposits or other obligations of the financial institution and are not guaranteed by the financial institution; and

(3) Are subject to investment risks, including possible loss of the principal invested.

b. Make reasonable efforts to obtain from each customer during the account opening process a written acknowledgment of the disclosures required by this rule.

50.85(2) If broker-dealer services include any written or oral representations concerning insurance coverage, other than FDIC insurance coverage, then clear and accurate written or oral explanations of the coverage must also be provided to the customers when such representations are first made.

ITEM 6. Amend 191--Chapter 50 by adopting the following new rule:

191--50.86(502) Communications with the public.

50.86(1) All of the broker-dealer's confirmations and account statements must indicate clearly that the broker-dealer services are provided by the broker-dealer.

50.86(2) Advertisements and sales literature that announce the location of a financial institution where broker-dealer services are provided by the broker-dealer, or that are distributed by the broker-dealer on the premises of a financial institution, must disclose that securities products: are not insured by the FDIC; are not deposits or other obligations of the financial institution and are not guaranteed by the financial institution; and are subject to investment risks, including possible loss of the principal invested. Advertisements shall also clearly and prominently identify the broker-dealer and disclose that the bank and broker-dealer are separate entities. The shorter, logo format described in subrule 50.86(4) may be used to provide these disclosures.

50.86(3) Recommendations by a broker-dealer concerning non-deposit investment products with a name similar to that of the financial institution must only occur pursuant to a sales program designed to minimize the risk of customer confusion.

50.86(4) The following shorter, logo format disclosures may be used by a broker-dealer in advertisements and sales literature, including material published, or designed for use, in radio or television broadcasts, Automated Teller Machine (ATM) screens, billboards, signs, posters and brochures, to comply with the requirements of subrule 50.86(2), provided that such disclosures are displayed in a conspicuous manner:

a. Not FDIC Insured;

b. No Bank Guarantee;

c. May Lose Value; and

d. Broker-Dealer separate from bank.

50.86(5) As long as the omission of the disclosures required by subrule 50.86(2) would not cause the advertisement or sales literature to be misleading in light of the context in which the material is presented, such disclosures are not required with respect to messages contained in:

a. Radio broadcasts of 30 seconds or less;

b. Electronic signs, including billboard-type signs that are electronic time and temperature signs and ticker tape signs, but excluding messages contained in such media as television, on-line computer services, or ATMs; and

c. Signs, such as banners and posters, when used only as location indicators.

50.86(6) A broker-dealer shall not allow use of thebroker-dealer name, logo or trademark on business cards or letterheads utilized by persons who are not Iowa licensed securities agents of the broker-dealer.

ITEM 7. Amend 191--Chapter 50 by adopting the following new rule:

191--50.87(502) Compensation arrangements.

50.87(1) A broker-dealer shall pay only the following types of compensation to a financial institution:

a. Transaction-related compensation;

b. An administrative fee;

c. A salary on behalf of the registered employees who are jointly employed by the bank and the broker-dealer; or

d. Lease payments.

50.87(2) A broker-dealer or an Iowa licensed securities agent shall not split with unlicensed bank employees commissions or other transaction-related compensation derived from customers.

ITEM 8. Amend 191--Chapter 50 by adopting the following new rule:

191--50.88(502) Notification of termination. The broker-dealer must promptly notify the financial institution if any agent of the broker-dealer who is employed by the financial institution is terminated for cause by the broker-dealer.

ARC 9104A

PERSONNEL DEPARTMENT[581]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 19A.9, the Department of Personnel gives Notice of Intended Action to amend Chapter 1, "Definitions"; Chapter 3, "Job Classification"; Chapter 4, "Pay"; Chapter 5, "Recruitment, Application and Examination"; Chapter 8, "Appointments"; Chapter 9, "Probationary Period"; Chapter 12, "Grievances and Appeals"; Chapter 14, "Leave"; Chapter 17, "Public Records and Fair Information Practices"; and Chapter 19, "General Administration," Iowa Administrative Code.

Item 1 adds the definitions of "lead work" and "supervision" to the definitions in Chapter 1.

Item 2 permits the director to "suspend" the use of a job classification to suit the needs of the executive branch of state government.

Item 3 defines a member of a "protection occupation" and the method by which the directors of the departments of personnel and corrections will make these determinations.

Item 4 removes language restricting advanced rates to only contract-covered employees.

Item 5 allows any intern to be paid from the lowest rate in the pay plan to which the intern is classified to up to 15 percent above the minimum of the pay grade for the classification.

Item 6 clarifies existing language to match current human resource pay administration.

Item 7 clarifies that pay for overlap appointments will be subject to all the pay administrative rules of Chapter 4.

Item 8 makes two nonsubstantive changes to clarify the paragraph and specifies that if a contract-covered employee is promoted, the employee is not eligible for advanced appointment rate pay pursuant to subrule 4.5(1).

Item 9 clarifies existing language on the rate of pay for employees who are reinstated to a position in state government.

Item 10 defines lead work duties (in combination with the new definition of "lead work" in Chapter 1) and states that a leadworker may be eligible for additional pay of up to 15 percent.

Item 11 removes a restriction that recruitment and retention bonuses must be paid in a lump sum.

Item 12 amends the veterans preference subrule to conform with 1999 Iowa Acts, Senate File 462.

Item 13 specifies that an intermittent appointment can be made to any existing job classification and an employee that is hired under an intermittent appointment can be paid at any rate of pay for the classification in which appointed. Also, an employee hired under an intermittent appointment is not eligible for merit increases.

Items 14 to 17 correct citations to administrative rules.

Item 18 clarifies existing language and corrects a citation to an administrative rule.

Item 19 specifies that the probationary status for an employee granted leave without pay will not be extended by the amount of leave granted unless the leave is for education and training. This rule will now be in compliance with Iowa Code section 19A.9(8).

Item 20 specifies that a disciplinary appeal must be filed with the director within 7 days, rather than 14, as required by Iowa Code section 19A.14(2).

Item 21 clarifies the paragraph by including vacation payout for employees that are paid on an annual salary.

Item 22 corrects an incorrect Iowa Code citation and specifies that sick leave payouts will be made pursuant to Iowa Code section 70A.23 or the applicable collective bargaining agreement.

Item 23 is a new subrule that specifies that noncontract employees may elect to retain two weeks (80 hours) of vacation leave each fiscal year if the employees take leave under the Family and Medical Leave Act.

Item 24 is a new subrule that specifies that when an employee takes leave without pay during a Family and Medical Leave Act qualifying event, the leave without pay will run concurrently with Family and Medical Leave Act leave.

Item 25 changes the rule to make it compliant with the Fair Labor Standards Act.

Item 26 corrects an incorrect Iowa Code citation.

Item 27 provides additional definition and clarification of the records and information maintained in employee personnel files that are exempt from public disclosure under Iowa Code chapter 22.

Item 28 provides additional definition and clarification of the records and information maintained in employee payroll records that are exempt from public disclosure under Iowa Code chapter 22.

Item 29 is a new subrule that defines what information or records from an employee's personnel and payroll files are releasable to the public under Iowa Code chapter 22.

Item 30 corrects an incorrect Iowa Code citation and adds additional Iowa Code chapters in which records and information are maintained.

Item 31 provides additional information on the organizational structure of the department. It deletes any reference to the Personnel Commission and adds a reference to advisory boards that assist the department in performance of its statutory functions.

Item 32 rescinds a subrule that specifies the powers and duties of the Personnel Commission. The Personnel Commission was repealed by 1997 Iowa Acts, chapter 28, section 10.

Interested persons may make written comments or suggestions on the proposed amendments on or before July 13, 1999. Written materials should be addressed to Gregg A. Schochenmaier, General Counsel, Department of Personnel, Grimes State Office Building, Des Moines, Iowa 50319;E-mail gregg.schochenmaier@idop.state.ia.us or fax (515) 242-6450.

Also, there will be a public hearing on July 13, 1999, at 1:30 p.m., in the Grimes (South) Conference Room, Grimes State Office Building, Des Moines, Iowa, 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 rules.

Any persons who intend to attend a public hearing and have special requirements such as hearing or mobility impairments should contact Gregg Schochenmaier at (515) 281-5290 and advise of specific needs.

These amendments are intended to implement Iowa Code sections 19A.9 and 70A.23.

The following amendments are proposed.

ITEM 1. Amend rule 581--1.1(19A) by adopting two new definitions in alphabetical order as follows:

"Lead work" means a responsibility assigned to an employee by management to direct (instruct, answer questions, distribute and balance work load, accept, modify or reject completed work, maintain attendance records, report infractions and provide input on staffing decisions) the work of two or more employees (federal, state, county, municipal and private employment organization, volunteers, inmates or residents).

"Supervision" means a responsibility assigned to an employee by management to direct the work of employees and to hire, evaluate, reward, promote, transfer, lay off, recall, respond to grievances and discipline those employees.

ITEM 2. Amend subrule 3.1(2) as follows:

3.1(2) The director may add, delete, modify, suspend the use of or subdivide job classifications to suit the needs of the executive branch of state government.

ITEM 3. Adopt new rule 581--3.7(19A) as follows:

581--3.7(19A) Protected occupations; procedure for making determinations.

3.7(1) Persons employed by the department of corrections as correctional officers and correctional supervisors, and others whose primary purpose is, through ongoing direct inmate contact, to enforce and maintain discipline, safety and security within a correctional facility, shall be classified as IPERS protection occupation members pursuant to Iowa Code section 97B.49B(1)"d"(3). For purposes of this rule, "primary purpose" is defined to mean that the employee spends over 50 percent of the employee's work time in this activity on a permanent basis.

3.7(2) The director shall meet with the director of corrections to jointly determine which job classifications and positions shall be eligible for protection occupation coverage. The directors, or their designees, shall hear appeals from department of corrections employees concerning coverage. Such appeals shall be a contested case under Iowa Code chapter 17A. Decisions of the directors shall become final agency action under Iowa Code section 17A.19.

ITEM 4. Amend subrule 4.5(1) as follows:

4.5(1) Individual advanced rate. For new hires or promotions and upward reclassifications of employees ~~in contract classes~~, the appointing authority may grant steps or pay rates in excess of the minimum ~~pay for a class when the employee possesses qualifying education and experience that exceed the minimum qualifications required for the class~~. The appointing authority shall maintain a written record of the justification for the advanced ~~appointment~~ rate. The record shall be a part of the official employee file. All employees possessing equivalent qualifications in the same class and with the same appointing authority may be adjusted to the advanced rate.

ITEM 5. Amend subrule 4.5(4) as follows:

4.5(4) Internship. If When an appointment is made to ~~the administrative intern or transportation engineer~~ an intern class, the employee may be paid from the lowest pay rate in the pay plan to which the class is assigned up to 15 percent above the minimum of the pay grade for the class.

ITEM 6. Amend subrule 4.5(5) as follows:

4.5(5) Emergency, intermittent and seasonal. If When an appointment is made to a class on an emergency, intermittent or seasonal basis, the employee may be paid at any rate within the pay grade ~~of the pay plan~~ to which the class is assigned.

ITEM 7. Amend subrule 4.5(6) as follows:

4.5(6) Overlap. If When an appointment is made on an overlap basis, the employee shall be paid in accordance with this ~~subrule~~ chapter. See rule 581--8.12(19A).

ITEM 8. Amend subrule 4.6(6), paragraph "b," as follows:

b. Contract classes. If an employee is promoted to acontract-covered class without steps, the employee shall receive a 5 percent pay increase. If promoted to a contract-covered class with steps, the employee shall receive a one-step pay increase, except as provided in subrules 4.5(1), 4.6(1), 4.6(2), and 4.6(4).

ITEM 9. Amend subrule 4.6(12) as follows:

4.6(12) Reinstatement. When an employee is reinstated in accordance with rule 581--8.6(19A), the employee may be paid at any step or pay rate for the class to which reinstated. When the rate of pay is ~~above the minimum~~ decided to be greater than the pay at the time of separation, including any pay grade, pay plan, class or general salary increases, the decision must be in accordance with subrule 4.5(1). For setting eligibility dates, see subrule 4.7(5).

ITEM 10. Amend subrule 4.8(1) as follows:

4.8(1) Leadworker ~~duty~~. An employee ~~in a nonsupervisory class~~ who is temporarily assigned lead work duties, ~~such as distributing and reviewing work and maintaining attendance or production records~~ as defined in rule 581--1.1(19A), may be given additional pay of up to 5 15 percent.

ITEM 11. Amend subrule 4.9(5), introductory paragraph, as follows:

4.9(5) Recruitment or retention payments. A ~~lump sum~~ payment to a job applicant or an employee may be made for recruitment or retention reasons. A written explanation shall first be submitted in writing to the director.

ITEM 12. Rescind subrule 5.5(2) and adopt the following new subrule in lieu thereof:

5.5(2) Points for veterans. Veterans' points shall be applied to veterans as defined in Iowa Code section 35C.1. Eligible veterans shall have five points added to the score attained in examinations for appointment to jobs.

a. "Veteran" means a resident of this state who served in the armed forces of the United States at any time during the following dates and who was discharged under honorable conditions:

(1) World War I from April 6, 1917, through November 11, 1918.

(2) Occupation of Germany from November 12, 1918, through July 11, 1923.

(3) American expeditionary forces in Siberia from November 12, 1918, through April 30, 1920.

(4) Second Haitian suppression of insurrections from 1919 through 1920.

(5) Second Nicaragua campaign with marines or navy in Nicaragua or on combatant ships from 1926 through 1933.

(6) Yangtze service with navy and marines in Shanghai or in the Yangtze valley from 1926 through 1927 and 1930 through 1932.

(7) China service with navy and marines from 1937 through 1939.

(8) World War II from December 7, 1941, through December 31, 1946.

(9) Korean conflict from June 25, 1950, through January 31, 1955.

(10) Vietnam conflict from February 28, 1961, through May 7, 1975.

(11) Lebanon or Grenada service from August 24, 1982, through July 31, 1984.

(12) Panama service from December 20, 1989, through January 31, 1990.

(13) Persian Gulf conflict from August 2, 1990, through the date the President or the Congress of the United States declares a cessation of hostilities. However, if the United States Congress enacts a date different from August 2, 1990, as the beginning of the Persian Gulf conflict for purposes of determining whether a veteran is entitled to receive military benefits as a veteran of the Persian Gulf conflict, that date shall be substituted for August 2, 1990.

b. "Veteran" also includes the following:

(1) Former members of the reserve forces of the United States who served at least 20 years in the reserve forces after January 28, 1973, and who were discharged under honorable conditions. However, a member of the reserve forces of the United States who completed a minimum aggregate of 90 days of active federal service, other than training, and was discharged under honorable conditions or was retired under Title X of the United States Code shall be included as a veteran.

(2) Former members of the Iowa national guard who served at least 20 years in the Iowa national guard after January 28, 1973, and who were discharged under honorable conditions. However, a member of the Iowa national guard who was activated for federal duty, other than training, for a minimum aggregate of 90 days and was discharged under honorable conditions or was retired under Title X of the United States Code shall be included as a veteran.

(3) Former members of the active, oceangoing merchant marine who served during World War II at any time between December 7, 1941, and December 31, 1946, both dates inclusive, who were discharged under honorable conditions.

(4) Former members of the women's air force service pilots and other persons who have been conferred veteran status based on their civilian duties during World War II in accordance with federal Pub. L. No. 95-202, 38 U.S.C. §106.

c. Proof of eligibility for points must be provided by the applicant in the form of a certified photocopy of a DD214 Form (Armed Forces Report of Transfer or Discharge) or other official document containing dates of service or a listing of service medals and campaign badges.

d. Applicants who were awarded a Purple Heart, or who have a service-connected disability, or who are receiving disability compensation or pension under laws administered by the U.S. Veterans Administration may request to have a maximum of ten points added to examination scores. Proof of current disability dated within the last 24 months and updated every 24 months after initial application must be submitted for continued eligibility.

ITEM 13. Amend rule 581--8.5(19A) as follows:

581--8.5(19A) Intermittent appointment. Persons may be appointed with intermittent status to any class without regard to merit system provisions. They may be paid at any rate of pay within the range for the class to which appointed.

Intermittent appointments may be made to established intermittent positions or to permanent positions, or on an overlap basis to unauthorized positions, and may be made to any class and at any rate of pay within the range for the class to which appointed.

An intermittent appointment shall not exceed 700 work hours in a fiscal year. Hours worked in noncontract classes during the period provided for seasonal appointment in rule 581--8.11(19A) shall not accumulate toward this 700-hour maximum.

An intermittent employee may be given a probationary appointment if appointed in accordance with 581--subrule 7.3(2).

An intermittent employee shall have no rights to appeal, transfer, demotion, promotion, ~~merit pay increases,~~ reinstatement, or other rights of position, nor be entitled to vacation, sick leave, or other benefits.

A person appointed with intermittent status to a classification covered by a collective bargaining agreement shall only be given another temporary type of appointment to the extent that the total number of hours worked in all temporary appointments in a fiscal year does not exceed 700 hours. Prior to accumulating 700 hours worked, the employee shall either be given a probationary appointment, given a temporary appointment in a noncontract class, or terminated.

ITEM 14. Amend subrule 9.2(2) as follows:

9.2(2) Disciplinary demotion during the period of probationary status to a position covered by merit system provisions shall require eligibility for appointment from a list of eligibles in accordance with 581--subrule 7.3(2). However, a probationary employee may be disciplinarily demoted to a position covered by merit system provisions in a work-test class as long as the employee meets the minimum qualifications for the class. The total required period of probationary status shall include the time spent in the higher class. The pay shall be set in accordance with 581--subrule ~~4.5(7)~~ 4.6(7).

ITEM 15. Amend rule 581--9.3(19A) as follows:

581--9.3(19A) Voluntary demotion during the period of probationary status. Voluntary demotion during the period of probationary status to a position covered by merit system provisions shall require eligibility for appointment from a list of eligibles in accordance with 581--subrule 7.3(2). However, a probationary employee may voluntarily demote to a position covered by merit system provisions in a work-test class as long as the employee meets the minimum qualifications for the class. The total required period of probationary status shall include the time spent in the higher class. The pay shall be set in accordance with 581--subrule ~~4.5(7)~~ 4.6(7).

ITEM 16. Amend rule 581--9.4(19A) as follows:

581--9.4(19A) Promotion during the period of probationary status. A probationary employee who is promoted during the period of probationary status to a position covered by merit system provisions shall be certified in accordance with 581--subrule 7.3(2). However, a probationary employee may be promoted to a position covered by merit system provisions in a work-test class as long as the employee meets the minimum qualifications required for the class. The total required probationary period shall include the probationary service in the class from which promoted. The rate of pay shall be set in accordance with 581--subrule ~~4.5(4)~~ 4.6(6).

ITEM 17. Amend rule 581--9.5(19A) as follows:

581--9.5(19A) Transfer during the period of probationary status. A probationary employee who is transferred during the period of probationary status by the appointing authority to a position covered by merit system provisions must be eligible for certification in accordance with 581--subrule 7.3(2) unless the transfer is to a position in the same class, in the same location, and under the same conditions for which the employee was originally certified. However, a probationary employee may be transferred to a position covered by merit system provisions in a work-test class as long as the employee meets the minimum qualifications required for the class. The total required period of probationary status shall include the probationary time spent in the class from which transferred. The rate of pay shall be set in accordance with 581--subrule ~~4.5(9)~~ 4.6(8).

ITEM 18. Amend rule 581--9.6(19A) as follows:

581--9.6(19A) Reclassification during the period of probationary status. An employee who is reclassified during the period of probationary status must be eligible for certification in accordance with 581--subrule 7.3(2) if the new position is covered by merit system provisions. However, an employee who is reclassified to a work-test class covered by merit system provisions need only meet the minimum qualifications for the class ~~if the position is covered by merit system provisions~~. The total required period of probationary status shall include the probationary time spent in the previous class. The rate of pay shall be in accordance with 581--subrule ~~4.5(10)~~ 4.6(9).

ITEM 19. Amend rule 581--9.7(19A) as follows:

581--9.7(19A) Leave without pay during the period of probationary status. A probationary employee may be granted leave without pay at the appointing authority's discretion in accordance with these rules. ~~If the period of leave without pay, including military leave, exceeds 30 continuous calendar days, the period of probationary status shall be extended by the amount of leave granted.~~ When a probationary employee is granted leave without pay, the employee's probationary period shall not be extended by the amount of leave granted unless the leave is for education or training.

ITEM 20. Amend subrule 12.2(6) as follows:

12.2(6) Appeal of disciplinary actions. Any nontemporary, noncontract employee covered by merit system provisions who is suspended, reduced in pay within the same pay grade, disciplinarily demoted, or discharged, except during the employee's period of probationary status, shall bypass steps one and two of the grievance procedure provided for in rule 581--12.1(19A) and may file an appeal in writing to the director for a review of the action within 14 7 calendar days after the effective date of the action. The appeal shall be on the forms prescribed by the director. The director shall affirm, modify or reverse the action and shall give a written decision to the employee within 30 calendar days after the receipt of the appeal. The time may be extended by mutual agreement of the parties. If not satisfied with the decision of the director, the employee may request an appeal hearing before the public employment relations board as provided in 581--subrule 12.2(5).

ITEM 21. Amend subrule 14.2(2), paragraph "e," as follows:

e. ~~An employee~~ Employees, including employees who are paid from a pay plan having annual salary rates, who ~~leaves~~ leave state employment for any reason shall be paid, or have payment made according to law, for all accrued vacation. Payment shall be included with the employee's final paycheck and shall be based on the employee's total biweekly regular rate of pay at the time of separation. When other ~~than base~~ pay is to be included in the calculation, that other pay must have been in effect for at least three pay periods. Vacation shall not be granted after the employee's last day of work.

ITEM 22. Amend subrule 14.3(10) as follows:

14.3(10) All accrued sick leave shall ~~expire~~ be cancelled on the date of separation and no employee shall be reimbursed for accrued sick leave unused at the time of separation except as provided for in Iowa Code section ~~79.1~~ 70A.23 or the applicable collective bargaining agreement. However, if an employee is laid off and is reemployed by any state agency within one year following the date of layoff, or if an employee who was terminated due to an on-the-job injury or illness and is reemployed by any state agency within one year following the date of medical release, the employee's unused accrued sick leave shall be restored.

ITEM 23. Amend rule 581--14.4(19A) by adopting a new subrule as follows:

14.4(14) Retention of vacation leave. Notwithstanding subrule 14.4(3), non-contract-covered employees who qualify for FMLA leave are eligible to retain up to two weeks (80 hours) of accrued vacation leave in each fiscal year. An employee must elect, on forms prescribed by the department, to retain up to two weeks (80 hours) of vacation at the onset of the FMLA qualifying event or at any time during the original eligibility period. An employee will not be permitted to retain more vacation than is in the employee's vacation bank at the time of election. Once the election is made, it cannot be increased; however, it may be reduced, at any time, to less than 80 hours. An employee will not be eligible to retain any donated leave.

For employees covered by a collective bargaining agreement, the retention of vacation leave will be governed by the collective bargaining agreement.

ITEM 24. Amend rule 581--14.5(19A) by adopting a new subrule as follows:

14.5(5) If an employee applies for leave under the Family and Medical Leave Act, any leave without pay under the Family and Medical Leave Act shall run concurrently with the leave granted under this rule.

ITEM 25. Amend rule 581--14.7(19A) as follows:

581--14.7(19A) Compensatory leave. Compensatory leave accrued in accordance with subrule ~~4.6(3)~~ 4.11(5) shall be granted at the ~~convenience~~ request of the employee whenever possible. ~~Accrued compensatory leave may, at the discretion of the appointing authority, be required to be used provided the employee is notified five working days prior to the required usage.~~ However, the appointing authority need not grant a request for compensatory leave if granting the leave would cause an undue disruption.

ITEM 26. Amend subrule 14.8(1), second unnumbered paragraph, as follows:

Leave accrued under Iowa Code section ~~33.2(10)~~ 1C.2 as vacation shall be based on the employee's hours in pay status.

ITEM 27. Amend subrule 17.14(1) as follows:

17.14(1) Personnel files and records. Personnel files are maintained by the department, the employee's appointing authority, and by the employee's supervisors. An employee may have several files depending on the purpose of the file and the records maintained within the file. ~~This system consists~~ Personnel files consist of records that concern individual state employees and their families, as well as applicants for state employment. ~~This system contains~~ Personnel files contain personal, private, and otherwise confidential rec-ords ~~material~~ on or related to preemployment information including information gathered during background screenings to determine an applicant's suitability for employment; preemployment test scores; employee assistance program participation; wellness program participation; pre-tax programs; health, dental, life, and long-term disability insurance; ~~pay and~~ benefit elections and miscellaneous benefit documents; medical information on the employee or a member of the employee's immediate family; medical information to support the employee's sick leave usage and fitness for duty determinations; position description questionnaires; ~~affirmative action and equal employment opportunity;~~ investigations incident to the employee's employment, information related to disciplinary actions; complaints, grievances, and appeals; performance planning and evaluation; training; deferred compensation; workers' compensation; and other ~~material~~ information incident to the employment of individuals. These records are collected in accordance with Iowa Code chapters 19A, 19B, 20, ~~and 79,~~ 70A, 85, 85A, 85B, 91A, and 509A. These records are confidential records under Iowa Code section 22.7(11) and other law because the information in the record is private and personal, the disclosure of which would likely result in an unwarranted invasion of the privacy of the subject of the record or the subject's family. It is unlikely that the personal and private information in these records can be separated from otherwise releasable information without identifying the subject or the subject's family. ~~and are confidential records in part under Iowa Code section 22.7 and other law.~~ These records contain names, social security numbers and other identifying numbers, and are collected in the form of paper, microfilm, tape, and computer records. Computer records permit the comparison of personally identifiable information in one record system with that in another system.

ITEM 28. Amend subrule 17.14(2) as follows:

17.14(2) Employee payroll records. ~~This~~ The payroll rec-ords system consists of records that concern individual state employees and their families. This system contains information on workers' compensation; health, dental, and long-term disability insurance; qualified domestic relations orders, charitable contributions, garnishments; pay and benefits; equal employment opportunity; training; deferred compensation; and other information incident to the employment of individuals. Records under the jurisdiction of the department are collected in accordance with Iowa Code chapters 19A, 19B, 20, ~~and 79,~~ 70A, 85, 85A, 85B, 91A, and 509A, and are confidential records in part under Iowa Code section 22.7 and other law. These records contain names, social security numbers, and other identifying numbers, and are collected in the form of paper, microfilm, tape, and computerrecords. Computer records permit the comparison of personally identifiable information in one record system with that in another system.

ITEM 29. Amend rule 581--17.14(19A) by adopting a new subrule as follows:

17.14(6) Releasable information on state employees. The following information that is maintained in the state payroll system or personnel file shall be released to the public without the consent of the employee because the information is not considered to be confidential information:

a. The name and compensation paid to the state employee.

b. The date the state employee was employed by state government.

c. The positions the state employee holds or has held with state government.

d. The state employee's qualifications for the position that the state employee holds or has held, including, but not limited to, educational background and work experience.

ITEM 30. Amend subrule 17.15(6) as follows:

17.15(6) Appeal decisions and advisory opinions. All final orders, decisions and opinions are open to the public except for information that is confidential according to rule 581--17.5(19A) or subrule 17.13(2). These records, collected under the authority of Iowa Code chapters 19A, 19B, 20, 70A, ~~79,~~ 85, 85A, 85B, 91A, 97A, ~~and~~ 97B, 97C, and 509A may contain confidential information about individuals.

ITEM 31. Amend rule 581--19.1(19A), introductory paragraph, as follows:

581--19.1(19A) State system of personnel. The state system of personnel administration is established by Iowa Code chapter 19A. The operational unit of the system is the department of personnel. The department of personnel is divided into two divisions, the personnel division and the IPERS division. Specific powers and duties of the department, its director, ~~and the~~ boards, task forces, advisory panels, and ~~commissions within the department~~ employees are set forth in Iowa Code chapters 19A, 19B, 20, 70A, ~~79,~~ 97A, 97B, 97C, and 509A; and these administrative rules.

ITEM 32. Rescind and reserve subrule 19.1(5) as follows:

~~19.1(5)~~ The personnel commission is made up of five citizens who are appointed by the governor and confirmed by the senate to serve six-year terms. The chair is a member of the commission and elected by the commissioners. Meetings are open to the public and are held no less than quarterly at the call of the chair. Three members in attendance at a meeting constitute a quorum. Responsibilities of the commission are:

~~a. Review, amend, and adopt administrative rules on matters within the scope of Iowa Code chapter 19A;~~

~~b. Approve additions to the classification plan;~~

~~c. Hold public hearings on pay plan changes;~~

~~d. Submit an annual report to the governor;~~

~~e. Represent the public interest in the improvement of personnel administration in the state merit system;~~

~~f. Consult and advise the governor and the director on problems concerning personnel administration; and~~

~~g. Foster the interests of institutions of learning and of industrial, civic, professional, and employee organizations in the improvement of personnel standards in the state merit system.~~

ARC 9111A

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 135I.4, the Department of Public Health hereby gives Notice of Intended Action to amend Chapter 15, "Swimming Pools and Spas," Iowa Administrative Code.

This amendment requires that a swimming pool facility with a bathhouse provide soap at the showers and lavatories of the bathhouse.

Any interested person may make written suggestions or comments on the amendment on or before July 6, 1999. Written materials should be directed to Michael Magnant, Department of Public Health, 321 E. 12th Street, Des Moines, Iowa 50319-0075; fax (515)281-4529; E-mail mmagnant@ idph.state.ia.us. Persons who wish to convey their views orally should contact Michael Magnant at (515)281-8722 or at the department's address noted above.

A public hearing will be held on July 6, 1999, from2 to 3 p.m., in the Fifth Floor South Conference Room, Side 1, of the Lucas State Office Building, Des Moines, Iowa, at which time persons may present their views 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 person who intends to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Department of Public Health and advise of specific needs.

This amendment is intended to implement Iowa Code chapter 135I.

The following amendment is proposed.

Amend subrule 15.4(5) by adopting new paragraph "e" as follows:

e. Soap shall be provided at each lavatory and at each indoor shower fixture.

ARC 9113A

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 135.11, the Department of Public Health hereby gives Notice of Intended Action to amend Chapter 73, "Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)," Iowa Administrative Code.

The purpose of amending Chapter 73 is to update the language and definitions for consistency with the federal guidelines for the Special Supplemental Nutrition Program for Women, Infants and Children and the insurance program for children entitled HAWK-I. The amendments include, but are not limited to, the use of the Health Services Application, new requirements for documenting WIC participant income, new provisions for vendor monitoring and disqualification, and civil money penalties for vendor fraud.

The Health Services Application, a combined application for WIC, Medicaid, and Maternal Health services (Title V) will no longer be mandatory but will be available for use in all WIC clinics. This is being done to accommodate the use of the HAWK-I enrollment form for all WIC participants who are potentially eligible for HAWK-I or Medicaid. Chapter 73 has been modified to reflect this change.

In accordance with new USDA regulations, WIC applicants must now provide written verification of income. Chapter 73 has been modified to reflect this change.

Chapter 73 is also being modified to reflect changes in federal regulations relating to the WIC vendor management area. A random sample of 10 percent of vendors will be subject to on-site monitoring every year. Additionally, electronic monitoring of vendors will also be used by state WIC staff. The reasons for vendor disqualification and the penalties for vendor fraud have also been strengthened to bring Iowa's WIC Program in compliance with federal regulations.

The Department has provided an opportunity for its local contractors, Medicaid staff of the Department of Human Services, and internal staff of the Department of Public Health to review the revised chapter prior to filing this Notice of Intended Action.

Any interested person may make written or oral suggestions or comments on the amendments on or before July 6, 1999. Comments should be directed to Mary L. Weaver, RN, MSN, Division Director, Family and Community Health, Department of Public Health, Lucas State Office Building, Fifth Floor, Des Moines, Iowa 50319-0075, telephone (515) 281-4910 or fax (515)242-6384.

There will also be a public hearing on Tuesday, July 6, 1999, from 1 to 2 p.m. utilizing the Iowa Communications Network (ICN). The hearing will be conducted using 14 sites. Please telephone (515)281-8857 to schedule a time to speak at the hearing. The following ICN sites have been confirmed for the hearing:

LOCATION
ADDRESS
CONTACT
Scott Community College
ICN Classroom 1
Room 0210
500 Belmont Road
Bettendorf, IA 52722
Doug Kutzli
(319)344-4137
Burlington Nat'l Guard Armory
ICN Classroom
2500 Summer Street
Burlington, IA 52601
Ed Glenn
(319)683-9826
University of Northern Iowa
Schindler Educ. Center 130C
Corner of Hudson Rd. and 23rd Street
Cedar Falls, IA 50614
Em Pugh
(319)273-6294
Thomas Jefferson High School
1243 20th Street S.W.
Cedar Rapids, IA 52404
Robert Tesar
(319)398-2435
Northern Trails AEA 2
State Room
9184B 265th Street
Clear Lake, IA 50428
Linda Rourick
(515)357-6125
Green Valley
AEA 14
Turner Room
1405 North Lincoln
Creston, IA 50801
Penni Nauman
(515)782-8843
South Winneshiek High School
ICN Classroom #17
P.O. Box 430
203 W. South Street
Calmar, IA 52132
Jean Martin
(319)562-3226
Department of Public Health
3rd Floor
Lucas State Office Building
321 E. 12th Street
Des Moines, IA 50319
Tim Lane
(515)281-7883
Iowa Lakes Comm. College
Library Building Room 22
300 South 18th Street
Estherville, IA 51334
Gary Feddern
(712)362-2604
ext. 128
Arrowhead AEA ICCC Campus
Library Building
Second Floor
ICN Room 204
330 Avenue M
Iowa Central Community College
Fort Dodge, IA 50501
Karen Lombard
(515)576-0099
AEA 15
ICN Classroom
2814 North Court St.
Ottumwa, IA 52501
Shirley Walker
(515)682-8591
Carnegie/Stout Public Library
360 W. 11th
Dubuque, IA 52001
Tom Moran
(319)589-4225 ext. 240
W. Iowa Tech. Comm. College
ICN Classroom 1
Bldg. A, Rm. 925
4647 Stone Ave.
Sioux City, IA 51106
Connie Rosenberger
(712)274-8733
ext. 1383

Persons desiring to make oral presentations at the public hearing should contact Mary Weaver at least one day prior to the date of the public hearing. A written copy of comments must be provided and must be received by the day of the hearing.

These amendments are intended to implement Iowa Code section 135.11.

The following amendments are proposed.

ITEM 1. Amend rule 641--73.1(135) as follows:

641--73.1(135) Program explanation. The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) is a federal program operated pursuant to agreement with the states. The purpose of the program is to provide supplemental foods and nutrition education to eligible pregnant, postpartum, and breast-feeding women, infants, and young children from families with inadequate incomes. The WIC program is administered on the federal level by the U.S. Department of Agriculture, Food and ~~Consumer~~ Nutrition Service (~~FCS~~ FNS). The Iowa department of public health serves as the administering agency for the state of Iowa. The Iowa department of public health enters into contracts with selected local agencies on an annual basis for the provision of WIC services to eligible participants.

ITEM 2. Amend rule 641--73.2(135) as follows:

641--73.2(135) Adoption by reference. Federal regulations found at 7 CFR Part 246 (effective as of February 13, 1985, as amended through January 1, ~~1995~~ 1999, and any additional amendments) shall be the authority for rules governing the Iowa WIC program and are incorporated by reference herein. The WIC state plan provides policy and procedural guidance in the implementation of these regulations to contract agencies administering WIC programs. The WIC state plan as approved by the United States Department of Agriculture is incorporated here by reference.

ITEM 3. Amend rule 641--73.5(135) by adopting the following new definition in alphabetical order:

"HAWK-I" means healthy and well kids in Iowa and is the health insurance program in Iowa, as authorized in Title XXI of the Social Security Act.

ITEM 4. Amend subrule 73.7(1) as follows:

73.7(1) Application. ~~The combined Health Services Application Form (Form #470-2927) and the~~ The WIC Certification ~~Form~~ Forms shall be completed by every family atthe initial certification. The only exception is the pre-certification of Priority II infants, with referral data, ~~in the hospital which allows~~ whose parent/custodian is allowed a maximum of six weeks to complete the forms. Certification forms are signed and dated by the applicant or the parent/custodian. the Health Services Application. The Health Services Application is not completed at subsequent certifications. Certification forms are signed and dated by the applicant or parent/custodian. Health Services Applications are signed and dated by the participant or parent/legal guardian. A copy of both forms shall be maintained in the participant's file.

If the applicant indicates on the Health Services Application that the applicant wishes to also apply for other programs, the contract agency shall forward the appropriate copy to the indicated agency within two working days.

If an individual indicates on the Health Services Application, Form 470-2927, that the individual wishes to also apply for Medicaid, child health, or maternal health services, the contract agency shall forward the appropriate copy to the indicated agency within two working days. If the individual appears to qualify for HAWK-I, the individual will be given the HAWK-I enrollment form.

ITEM 5. Amend subrule 73.7(2), paragraph "b," as follows:

b. Applicants must provide the contract agency ~~verbal~~ written declaration of their income as part of each certification process. Contract agencies ~~may require written documentation~~ may verify income in accord with procedures outlined in the Iowa WIC Policy and Procedure Manual.

ITEM 6. Amend subrule 73.7(3), paragraphs "c" and "d," as follows:

c. ~~Medical~~ Blood work data used for determining nutritional risk shall be collected no more than 60 90 days ~~prior to~~ before or after the date ~~the~~ of certification ~~period begins. Data on infants shall not be more than 30 days old on the date that certification begins~~.

d. Priority II infants pre-certified with referral data ~~in the hospital~~ require a full certification within six weeks of the infant's birth.

ITEM 7. Amend subrule 73.8(1), paragraph "b," as follows:

b. ~~Attendance at monthly distributions clinics. Enrolled participants are required to appear in person and as scheduled to pick up monthly benefit of food checks.~~ Claiming food checks. Enrolled participants are required to appear in person to claim checks when they have appointments to certify or have nutrition education contacts. Missed attendance may entitle contract agencies to deny that month's benefit. If a written statement is provided to the contract agency, a proxy may pick up checks not more than twice during a single certification period. Under limited circumstances, a permanent proxy may be approved.

ITEM 8. Amend subrule 73.8(2), paragraph "b," as follows:

b. Mailing of WIC checks. Mailing of checks to participants is allowed when inclement weather prevents participants from coming to a distribution site. Mailing is also allowed when a client does not claim the checks during the designated check claim period if the participant did not have an appointment for nutrition education or subsequent certification. Any mailing of WIC checks on a clinicwide basis must have prior approval from the state.

ITEM 9. Amend subrule 73.8(3) as follows:

73.8(3) Responsibilities of department. Provision of foods through retail grocers and special purpose vendors is an integral part of the WIC program's function. It is the responsibility of the department to ensure that there are a sufficient number of stores authorized to provide reasonable access for program participants. The department also has an obligation to ensure that both food and administrative funds are expended in the most efficient manner possible. As with all other purchases made by state government, this means that the number of vendors (retail grocers and special purpose vendors) may be limited and that all vendors must meet minimum criteria for approval. The department shall be responsible for the following:

a. and b. No change.

c. Developing procedures, forms, and standards for agencies to use in conducting on-site review of vendor applications, monitoring, high-risk vendor monitoring, compliance buys, or educational buy monitoring as defined in 73.8(5).

d. Determining when compliance buying activities are necessary to ~~detect~~ verify program violations, developing or approving standards and procedures to be used in conducting the activities, and arranging for an appropriate state or private agency to conduct the compliance buying investigation as required.

e. No change.

ITEM 10. Amend 73.8(4)"a"(3), numbered paragraph "3," as follows:

3. A minimum of four gallons of whole fluid milk and four gallons of either ~~2 percent, 1 percent or skim~~ low fat, reduced fat, or fat-free fluid milk, and two 1-pound packages each of two approved varieties of cheese.

ITEM 11. Amend subrule 73.8(4), paragraph "c," as follows:

c. Reauthorization. If ownership of an authorized vendor changes during the agreement period, the agreement becomes void. The new owner must file an application and be approved prior to accepting WIC checks. Vendor agreements are valid only for the period of time specified and a vendor may not continue accepting checks past the expiration date unless a new agreement is signed. When a currently authorized vendor makes application for a subsequent agreement, an agreement shall be signed only if the vendor has a score of at least 20 40 review points. A vendor that meets the minimum qualifications for new vendors is awarded 50 100 review points. Points assessed during the previous 12 24 months for administrative and procedural violations under 73.19(2)"b" are then subtracted to determine the final score.

Vendors with a current WIC agreement are not required to complete a new written application each year if the information in their original application is substantially unchanged. The department may request a new application from any vendor prior to offering a new agreement if it has reason to believe the information in the original is no longer correct or the vendor may no longer be eligible for an agreement.

The department shall send the vendor written notice at least 30 days prior to the expiration of the agreement that it does not intend to offer the vendor a new agreement if the minimum review points are not met or if any of the following conditions are in effect:

1. The vendor has failed to submit any of the preceding year's Price Assessment Reports by the specified dates.

2. The vendor has not cashed any WIC checks for at least two consecutive months. This provision does not apply to special purpose vendors.

3. Any of the selection criteria listed in 73.8(4)"a" and "b" above are no longer met.

Expiration of a WIC agreement is not subject to appeal. A vendor who is not offered a new agreement by the department has the right to file a new application. If that application is denied, the vendor has the right to appeal.

Contract agencies are responsible for providing training regarding all changes in program regulations and determining that all of the selection criteria are still met prior to signing a new agreement. If the contract agency denies a new agreement, the vendor has the right to appeal without first submitting an application.

ITEM 12. Amend 73.8(4)"e"(10) as follows:

(10) The vendor's authorizing number is stamped with the state-issued vendor stamp on the face of the check prior to its being presented for payment.

ITEM 13. Amend subrule 73.8(5), introductory paragraph and paragraphs "b" and "c," as follows:

73.8(5) Vendor monitoring. To maintain program integrity and accountability for federal or state program funds, the department and contract agencies shall conduct ongoing monitoring of authorized vendors, both through on-site visits and through indirect means. ~~On-site monitoring of each authorized vendor is performed at least once every two years in accord with procedures established by the department.~~ A random sample of 10 percent of vendors receives on-site monitoring every year. ~~On-site monitoring is not required for vendors who close during the two-year period or terminate their participation.~~ Vendors that change ownership during the year, or apply ~~midyear~~ during the contract period, receive an on-site visit prior to signing an agreement ~~and do not receive a subsequent monitoring visit~~. The types of on-site monitoring are defined as follows:

b. Electronic monitoring is examination of indicators tracked in the vendor computer database. It allows the analysis of data collected via computer from the contract agencies and the state's bank, from which patterns indicating compliance with or deviation from established patterns for Iowa WIC vendors emerge. Data is collected daily and reviewed on an ongoing basis. Trends identified can necessitate another type of monitoring, depending on the nature of each exception.

b c. High-risk monitoring is used for vendors that have a documented record of problems such as previous violations, participant complaints, or high volume of WIC food check redemption. It includes, but is not limited to, any or all of the following: review of inventory levels, examination of redeemed WIC food checks on hand, examination of electronic monitoring indicators, volume of WIC redemptions, number of identified errors, participant complaints, and review of store policies on returned items~~, and review of employee training procedures~~. High-risk monitoring may be performed by the department or by contract agency staff under the direction of the department. Educational buying shall be included whenever possible.

c d. Compliance ~~investigations~~ buys may be used for any vendors. Compliance ~~investigations~~ buys include covert activities used to document grounds for suspension from the program and may include purchase of unauthorized items. Compliance ~~investigations~~ buys may be performed by the department or another state agency or private company under contract with the department. The department is responsible for identifying the vendors to be investigated and for approving the protocol to be used by the other agency or company. Upon completion of a compliance ~~investigation~~ buy documenting program violations, the department shall issue the vendor a notice of violation points assessed or suspension.

The department also monitors vendor performance through in-office review of information. Such information, specifically the total amount of WIC redemptions, ~~total food stamp program redemption volume, and total sales volume,~~ is confidential as provided for in Iowa Code section 22.7(6). This business information could provide an advantage to competitors and would serve no public purpose if made available.

ITEM 14. Amend 73.9(2)"a"(2) as follows:

(2) Nutrition tailoring. Infants are defined as breast-fed, supplemented, or formula-fed. A breast-fed infant does not receive any formula from WIC. A supplemented infant may receive up to ~~eight 14-ounce containers~~ seven pounds of powdered formula per month. A formula-fed infant receives eight pounds of powdered or 403 ounces of concentrate formula per month. A breast-feeding mother of an infant who does not receive any formula from WIC is eligible to receive an enhanced food package containing additional quantities and types of WIC authorized foods. The mother of a supplemented infant may remain eligible because she is still breast-feeding. Food packages for the mother and infant are tailored appropriately to their feeding patterns.

Federal regulations require the issuance of 20 Kcal per ounce, iron-fortified infant formula (formula containing at least 10 milligrams of iron per liter) to infants under 12 months of age. The provision of cow's milk in lieu of formula is not allowed. Formulas concentrated above 20 Kcal/ounce or specially formulated in other ways can be provided when a physician determines that an infant has a medical condition which contraindicates the use of a formula as described above. The department reserves the right to add or decline to add formulas to the state's approved list.

Infant formula that is not fortified with iron to this level (low iron) may be provided without prior approval by the department for documented cases of hemolytic anemia or hemochromatosis. Other requests for low-iron formula will be evaluated by a licensed dietitian at the contract agency on a case-by-case basis.

Juice and infant cereal are provided to infants beginning the month the infant becomes six months of age.

ITEM 15. Amend subrule 73.9(3), paragraph "c," as follows:

c. Changes to the approved food list are made once a year, taking effect on October 1. Inquiries from food companies about new and continuing products must be received by annually between November 1 and February 1 to be guaranteed consideration.

ITEM 16. Amend 73.9(3)"d," subparagraphs (1) and (4), as follows:

(1) They shall be carried by one of the six largest distributors to vendors in the state.

(4) Ready-to-eat cold cereals ~~shall be~~ are ranked as one of the top 19 potentially eligible cereals sold through major distributors in this state. Hot cereals shall be ranked as one of the top two eligible cooked cereals. Multiple varieties of a single brand of cereal shall be considered as one brand for the purposes of conducting this ranking. by the six major distributors to Iowa WIC vendors based on volume of total sales. Hot cereals are ranked in the same way. Multiple varieties of a single brand of cereal shall be considered as one brand for the purposes of constructing this ranking. The state office compiles data from all distributors to develop an overall ranking or ranked list. The top 19 cold cereals and the top 2 hot cereals that qualify are selected. This process includes both name-brand and private-label cereals.

ITEM 17. Amend 73.9(3)"f," subparagraph (1), as follows:

(1) To qualify, brands of unflavored whole, ~~2 percent, 1 percent, or skim~~ low fat, reduced fat, or fat-free milk marketed in Iowa must contain or be fortified with vitamins A and D to meet the federal standards. The department reserves the right to disqualify brands that significantly exceed the average price of other brands or which are marketed as providing additional health benefits.

ITEM 18. Amend subrule 73.9(3), paragraphs "g" and "h," as follows:

g. All brands of dried beans or peas are approved whether packaged or purchased in bulk, however, no mixes are allowed.

h. Any brand of peanut butter qualifies as long as it does not contain other ingredients such as jelly. Brands may be either refrigerated or nonrefrigerated. No peanut butter spreads are permitted.

ITEM 19. Amend 73.9(3)"l" by rescinding subparagraph (7).

ITEM 20. Amend 73.19(1)"b," item 16 in list, as follows:

16. Altering the food items or quantities of food
on a check (e.g., changing last valid date, food item
or quantity). 10

ITEM 21. Amend 73.19(2)"b," third unnumbered paragraph, as follows:

In addition, the accumulation of 45 ~~or more~~ violation points within the first year or 90 violation points within an a single agreement period is a major violation subject to a one-year suspension of the WIC agreement for that vendor.

ITEM 22. Amend 73.19(2)"c," numbered paragraph "1," as follows:

1. Accumulation of 45 ~~or more administrative and procedural~~ violation points within the first year or 90 violation points within a single agreement period.

ITEM 23. Amend subrule 73.19(2) by adopting new paragraphs "i" through "l" as follows:

i. The department shall disqualify a vendor who has been disqualified from the food stamp program. The disqualification shall be for the same length of time as the food stamp program disqualification, may begin at a later date than the food stamp program disqualification, and shall not be subject to administrative or judicial review under the WIC program.

j. The department shall permanently disqualify a vendor convicted of trafficking in food instruments or selling firearms, ammunition, explosives, or controlled substances (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802)) in exchange for food instruments. A vendor shall not be entitled to receive any compensation for revenues lost as a result of such violation. The department may impose a civil money penalty (CMP) in lieu of a disqualification for this violation when it determines, in its sole discretion, and documents in accordance with the Federal Register, Volume 64, Number 52, Thursday, March 8, 1999, paragraph 246.12(k)(8) that:

(1) Disqualification of the vendor would result in inadequate participant access; or

(2) The vendor had, at the time of the violation, an effective policy and program in effect to prevent trafficking; and the ownership of the vendor was not aware of, did not approve of, and was not involved in the conduct of the violation.

k. The department shall use the civil money penalty formula in accordance with the Federal Register, Volume 64, Number 52, Thursday, March 8, 1999, paragraph 246.12(k)(8) to determine the CMP.

l. Money received by the state WIC agency as a result of civil money penalties or fines assessed against a vendor and any interest charged in the collection of these penalties and fines shall be considered as program income.

ITEM 24. Amend rule 641--73.23(135) as follows:

641--73.23(135) Grant application procedures for contract agencies. Private, nonprofit or public agencies wishing to provide WIC services shall file a letter of intent to make application to the department no later than April 1 of the competitive year. ~~Agencies shall apply to administer WIC programs every three years with an annual continuation application.~~ Applications shall be to administer WIC services for a specified project period, as defined in the request for proposal, with an annual continuation application. The contract period shall be from October 1 to September 30 annually. All materials submitted as part of the grant application are considered public records in accordance with Iowa Code chapter 22, after a notice of award is made by the department. Notification of the availability of funds and grant application procedures will be provided in accordance with the department rules found in 641--Chapter 176.

Contract agencies are selected on the basis of the grant applications submitted to the department. The department will consider only applications from private nonprofit or public agencies. In the case of competing applications, the contract will be awarded to the agency that scores the highest number of points in the review. ~~The criteria used to score the applications shall be consistent with 7 CFR 246.~~ Copies of review criteria are available from: ~~Bureau~~ Chief, ~~Iowa~~ Bureau of Nutrition and WIC, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075, (515)281-4913.

ARC 9112A

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 135.11, the Department of Public Health hereby gives Notice of Intended Action to amend Chapter 101, "Death Certification, Autopsy and Disinterment," Iowa Administrative Code.

This chapter is being amended to clarify the provisionthat requires transportation of a dead human body or fetusin a sealed outer receptacle and to clarify requirements for a burial-transit permit for cremated remains.

Any interested person may make written or oral suggestions or comments on or before July 6, 1999. Comments should be submitted to Jennifer Hart, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075; fax (515)281-4958; telephone (515)281-7701.

A public hearing will be held on July 6, 1999, from 1 to2 p.m., in the Fifth Floor South Conference Room, Side 1, Lucas State Office Building, Des Moines, Iowa, at which time persons may present their views 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 person who intends to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Department of Public Health and advise of specific needs.

These amendments are intended to implement Iowa Code sections 135.11(9) and 144.32.

The following amendments are proposed.

ITEM 1. Amend subrule 101.6(1) as follows:

101.6(1) A dead human body or fetus shall be transported only after enclosure in a ~~tightly sealed outer receptacle~~ container for transfer that will control odor and prevent the leakage of body fluids, unless the body or fetus has been embalmed, or is being transported by a licensed funeral director, emergency medical service, or medical examiner. In addition, the transport of a dead human body or fetus shall be in a manner that, applying contemporary community standards with respect to what is suitable, is respectful of the dead, the feelings of relatives, and the sensibilities of the community.

ITEM 2. Amend subrule 101.6(3) as follows:

101.6(3) If the final disposition of a dead human body or fetus is cremation at a licensed cremation establishment, scattering of cremated remains shall be subject to the local ordinances of the political subdivision, and any and all regulations of the cemetery, if applicable, in which the scattering site is located. However, such local ordinances and cemetery regulations shall not allow scattering of cremated remains upon state property or upon private property without the property owner's consent. In the absence of an applicable local ordinance or cemetery regulation, scattering of cremated remains shall not be allowed upon any public property or upon private property without the property owner's consent. ~~All other rules and regulations of the department relating to dead human bodies or fetuses shall not apply to the cremated remains.~~ Cremation shall be considered final disposition by the department and no further burial-transit permits shall be required.

ARC 9110A

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 135.11, the Department of Public Health hereby gives Notice of Intended Action to amend Chapter 176, "Criteria for Awards or Grants," Iowa Administrative Code.

This chapter is being amended to allow extension of the project period of awards or grants for the Department from three to five years and to allow for public notice of available grants to be posted on the Department of Public Health's Web site rather than the Iowa Administrative Bulletin.

Any interested person may make written or oral suggestions or comments on or before July 6, 1999. Such comments should be submitted to Jennifer Hart, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075; fax (515)281-4958; telephone (515)281-7701.

A public hearing will be held on July 6, 1999, from 10 to 11 a.m., in the Fifth Floor West Conference Room, Lucas State Office Building, Des Moines, Iowa, at which time persons may present their views 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 person who intends to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Department of Public Health and advise of specific needs.

These amendments are intended to implement Iowa Code chapters 17A and 135.

The following amendments are proposed.

ITEM 1. Amend rule 641--176.2(135,17A), definition of "Project period," as follows:

"Project period" means the period of time which the department intends to support the project without requiring the recompetition for funds. The project period is specified within the grant application period and may extend to ~~three~~ five years.

ITEM 2. Amend rule 641--176.7(135,17A) as follows:

641--176.7(135,17A) Public notice of available grants. The program making funds available through a competitive grant application process shall, at least 60 days prior to the application due date, issue a public notice ~~in the Iowa Administrative Bulletin~~ on the department of public health's Web site at http://www.idph.state.ia.us that identifies the availability of funds and how to request the application packet. A written request for the packet shall serve as the letter of intent. Services, delivery areas and eligible applicants shall also be described in the public notice.

Exceptions to following the 60-day public notice prior to the application due date are:

1. The receipt of the official notice of award by the department precludes a full 60-day notice ~~in the Iowa Administrative Bulletin~~ on the department of public health's Web site. The program shall nonetheless issue the public notice ~~in the Iowa Administrative Bulletin~~ on the department of public health's Web site at the earliest ~~publication schedule~~ date.

2. In the event ~~the publication date~~ that posting the notice on the Web site would not allow at least 30 days for interested parties to request an application packet and apply for funds, the program shall then (at the earliest opportunity) directly notify current contractors and other interested parties of the availability of funds through press releases and other announcements.

NOTICE--PUBLIC FUNDS INTEREST RATES

In compliance with Iowa Code chapter 74A and section 12C.6, the committee composed of Treasurer of StateMichael L. Fitzgerald, Superintendent of Credit Unions James E. Forney, Superintendent of Banking Michael K. Guttau, and Auditor of State Richard D. Johnson have established today the following rates of interest for public obligations and special assessments. The usury rate for June is 7.25%.

INTEREST RATES FOR PUBLIC

OBLIGATIONS AND ASSESSMENTS

74A.2 Unpaid Warrants Maximum 6.0%

74A.4 Special Assessments Maximum 9.0%

RECOMMENDED for 74A.3 and 74A.7: A rate equal to 75% of the Federal Reserve monthly published indices for U.S. Government securities of comparable maturities.

The rate of interest has been determined by a committee of the state of Iowa to be the minimum interest rate that shall be paid on public funds deposited in approved financial institutions. To be eligible to accept deposits of public funds of the state of Iowa, a financial institution shall demonstrate a commitment to serve the needs of the local community in which it is chartered to do business. These needs include credit services as well as deposit services. All such financial institutions are required to provide the committee with a written description of their commitment to provide credit services in the community. This statement is available for examination by citizens.

New official state interest rates, effective June 9, 1999, setting the minimums that may be paid by Iowa depositories on public funds are listed below.

TIME DEPOSITS

7-31 days Minimum 4.30%

32-89 days Minimum 4.40%

90-179 days Minimum 4.70%

180-364 days Minimum 4.80%

One year Minimum 4.90%

Two years or more Minimum 5.40%

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.

FILED EMERGENCY

ARC 9092A

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa Department of Economic Development adopts an amendment to Chapter 59, "Enterprise Zones," Iowa Administrative Code. The IDED Board adopted this amendment on May 20, 1999.

The adopted amendment clarifies that both subparagraphs of the definition of "full-time" include paid holidays, vacations and other paid leave. The Department recently adopted final amendments to the definition of "full-time" to accommodate businesses that operate on a traditional full-time workweek of 8 hours per day for a 5-day, 40-hour workweek for 52 weeks per year and to allow flexibility to those businesses that operate on full-time schedules which do not fit the traditional definition.

Numbered paragraph "1" of the definition includes paid holidays, vacations and other paid leave. When the final amendment was reviewed with the Administrative Rules Review Committee at its April 11, 1999, meeting, a question was raised about why numbered paragraph "2" of the definition did not include paid holidays, vacations and other paid leave. The intention of the former amendment was to expand, not restrict, the definition and to include paid holidays, vacations, and other paid leave in both paragraphs. While the language in the second paragraph would be interpreted by the Department to include paid holidays, vacations and other paid leave, the agency agreed with the observation of the Administrative Rules Review Committee that it would be preferable to clarify this intention rather than rely on interpretation.

In compliance with Iowa Code section 17A.4(2), the Department finds that public notice and participation are impracticable and contrary to the public interest because meeting the definition of "full-time" is a program eligibility requirement and applications are pending. This amendment is intended to remove any possible misunderstanding about what elements are included in the definition of "full-time" and to ensure that applicants know what the program requirements are in advance of application approval.

The Department finds, pursuant to Iowa Code section 17A.5(2)"b," that the normal effective date of the amendment, 35 days after publication, should be waived and the amendment be made effective on May 21, 1999.

The Department is taking the following steps to notify potentially affected parties of the effective date of the amendment: publishing the final amendment in the Iowa Administrative Bulletin, providing free copies of the rule on request, and having copies available wherever requests for information about the program are likely to be made.

This amendment is intended to implement Iowa Code sections 15E.191 to 15E.196.

This amendment became effective on May 21, 1999.

The following amendment is adopted.

Amend rule 261--59.2(15E), definition of "full-time," as follows:

"Full-time" means the employment of one person:

1. For 8 hours per day for a 5-day, 40-hour workweek for 52 weeks per year, including paid holidays, vacations and other paid leave, or

2. The number of hours or days per week, including paid holidays, vacations and other paid leave, currently established by schedule, custom, or otherwise, as constituting a week of full-time work for the kind of service an individual performs for an employing unit.

[Filed Emergency 5/21/99, effective 5/21/99]

[Published 6/16/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/16/99.

FILED

ARC 9096A

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Adopted and Filed

Pursuant to the authority of Iowa Code section 160.9, the Department of Agriculture and Land Stewardship amends Chapter 22, "Apiary," Iowa Administrative Code.

The amended rule is intended to prohibit honeybees from being transported into Iowa from the states of Florida, Georgia, South Carolina and North Carolina because of infestation of the small hive beetle, Aethina tumida, a recently introduced, serious pest of honeybee colonies. The amended rule will remain effective until February 18, 2000, unless extended by administrative rule.

All written comments and comments received at the March 30, 1999, public hearing were in support of the proposed amendment. The adopted amendment is identical to the amendment published under Notice of Intended Action as ARC 8733A and Adopted and Filed Emergency as ARC 8734A in the March 10, 1999, Iowa Administrative Bulletin.

This amendment is intended to implement Iowa Code section 160.9.

The amendment will become effective on July 21, 1999, at which time the Adopted and Filed Emergency amendment is hereby rescinded.

The following amendment is adopted.

Amend rule 21--22.10(160) as follows:

21--22.10(160) Prohibit movement of ~~infested~~ bees from designated states. A person shall not directly or indirectly transport or cause to be transported into the state of Iowahoneybees originating in the ~~state~~ states of Florida, Georgia, North Carolina and South Carolina. As used in this rule, "honeybees" shall include, but not be limited to, the following: colonies, nucs, packages, banked queens and queen battery boxes. However, the shipping of honeybee queens and attendants in individual queen cages will be allowed when accompanied by a valid certificate of health indicating that the bees are from an apiary free of small hive beetles. This rule shall remain effective until February 18, 2000.

[Filed 5/25/99, effective 7/21/99]

[Published 6/16/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/16/99.

ARC 9095A

AUDITOR OF STATE[81]

Adopted and Filed

Pursuant to the authority of Iowa Code section 17A.3, the Auditor of State hereby amends Chapter 25, "Organization and Procedures," and adopts Chapter 27, "Agency Procedure for Rule Making," Iowa Administrative Code.

The amendments bring the Auditor of State's rules on administrative rule making and declaratory orders into conformance with 1998 Iowa Acts, chapter 1202, which amended the Iowa Administrative Procedure Act.

The adopted amendments are identical to those published under Notice of Intended Action in the Iowa Administrative Bulletin on April 7, 1999, as ARC 8863A. No comments were received on the amendments.

The amendments will become effective July 21, 1999.

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

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [25.10, 25.12, Ch 27] is being omitted. These rules are identical to those published under Notice as ARC 8863A, IAB 4/7/99.

[Filed 5/28/99, effective 7/21/99]
[Published 6/16/99]

[For replacement pages for IAC, see IAC Supplement 6/16/99.]

ARC 9123A

COLLEGE STUDENT AID COMMISSION[283]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 261.3 and 261.37(5), the College Student Aid Commission rescinds Chapter 2, "Rule Making," and adopts Chapter 2, "Agency Procedures for Rule Making"; rescinds Chapter 3, "Declaratory Rulings," and adopts Chapter 3, "Declaratory Orders"; and adopts Chapter 4, "Contested Cases," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 10, 1999, as ARC 8727A. No public comment was received on these rules. The adopted rules are identical to those published under Notice.

The adopted new chapters 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.

These chapters were adopted during the May 18, 1999, meeting of the College Student Aid Commission.

The adopted chapters shall become effective July 21, 1999.

The adopted chapters are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Chs 2, 3, 4] is being omitted. These rules are identical to those published under Notice as ARC 8727A, IAB 3/10/99.

[Filed 5/28/99, effective 7/21/99]
[Published 6/16/99]

[For replacement pages for IAC, see IAC Supplement 6/16/99.]

ARC 9124A

COLLEGE STUDENT AID COMMISSION[283]

Adopted and Filed

Pursuant to the authority of Iowa Code section 261.19, the College Student Aid Commission hereby rescinds Chapter 14, "Osteopathic Grant Subvention Program," adopts Chapter 14, "Osteopathic Physician Recruitment Program," and rescinds Chapter 30, "Osteopathic Forgivable Loan Program," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 10, 1999, as ARC 8728A. No public comment was received on these rules. The adopted rules are identical to those published under Notice.

The rules were adopted during the May 18, 1999, meeting of the College Student Aid Commission.

The new chapter will establish rules for administering the Physician Recruitment Program for the University of Osteopathic Medicine and Health Sciences, Des Moines, Iowa. This program consists of a forgivable loan program, tuition scholarships and a loan repayment program, and replaces the previous Osteopathic Grant Subvention Program no longer funded by the Iowa Legislature. The new rules provide the administrative procedures for the Osteopathic Physician Recruitment Program and generally reflect current practices. However, the physician service requirements have been changed in order to provide more uniform financial benefits. The proposed rules have been discussed with and endorsed by the program administrator at the University of Osteopathic Medicine and Health Sciences.

The changes to the physician service requirements for the forgivable loan, tuition scholarship, and physician repayment programs are intended to provide, to the extent possible, equal financial benefits to recipients as required by Iowa Code section 261.19(1). Equal financial benefits for purposes of these rules are measured by comparing the after-tax benefits received by recipients of state programs for each year of required service.

The rules shall become effective July 21, 1999.

These rules are intended to implement Iowa Code section 261.19.

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 14; rescind Ch 30] is being omitted. These rules are identical to those published under Notice as ARC 8728A, IAB 3/10/99.

[Filed 5/28/99, effective 7/21/99]
[Published 6/16/99]

[For replacement pages for IAC, see IAC Supplement 6/16/99.]

ARC 9125A

COLLEGE STUDENT AID COMMISSION[283]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 261.3 and 261.37(5), the College Student Aid Commission adopts an amendment to Chapter 35, "Industrial Technology Forgivable Loan Program," Iowa Administrative Code.

The adopted amendment of the Industrial Technology Forgivable Loan Program will allow more students planning to teach industrial technology to qualify for loan benefits.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 10, 1999, as ARC 8729A. No public comment was received on this amendment. The adopted amendment is identical to that published under Notice.

This amendment was approved during the May 18, 1999, meeting of the College Student Aid Commission.

This amendment will become effective July 21, 1999.

This amendment is intended to implement Iowa Code section 261.111.

The following amendment is adopted.

Amend subrule 35.1(2) by adopting the following new paragraph "e":

e. Financial need is defined as the difference between the student's college expenses and the amount of the financial aid available to defray the expenses.

[Filed 5/28/99, effective 7/21/99]

[Published 6/16/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/16/99.

ARC 9098A

ENVIRONMENTAL PROTECTION COMMISSION[567]

Adopted and Filed

Pursuant to the authority of Iowa Code section 455B.133, the Environmental Protection Commission hereby amends Chapter 20, "Scope of Title--Definitions--Forms--Rules of Practice," Chapter 21, "Compliance," Chapter 22, "Controlling Pollution," Chapter 23, "Emission Standards for Contaminants," and Chapter 25, "Measurement of Emissions," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 10, 1999, as ARC 8744A. A public hearing was held on April 9, 1999, at the Air Quality Bureau in Urbandale. Written comments were provided by 11 organizations.

The amendment to subrule 23.2(3), paragraph "g," has been removed from this rule making. The Department received a number of requests to expand the definition of "bona fide training fire" to include non-structural training fires. When investigating this possibility, the Department realized the National Fire Protection Association standard cited in the definition was no longer valid. The Department removed this item from the rule making to provide additional time to thoroughly review the updated standard.

The amendment to subrule 23.3(2), paragraph "d," has been removed from this rule making. The Department has removed this item because the Department has not been delegated the authority to establish alternative opacity limits for NSPS sources.

The amendment to subrule 23.3(3) proposing to add an enforceable limit for total sulfur content has been removed. The Department has removed this item to reevaluate the proposed limitation. Other changes are noted below.

Item 1 amends the definition of "excess emission" to provide clarification, and updates the Code of Federal Regulations (CFR) reference for "volatile organic compound" to exclude methyl acetate, since it has been delisted by the U.S. Environmental Protection Agency (EPA). The definition of "preparatory work" has been removed from the rule making. This definition was the same as the federal definition of "construction." "Preparatory work" has been replaced with "construction" in Item 4 of this rule making.

Item 2 makes the "responsible official," rather than the person completing the application, responsible for the application for variance. This revision improves the consistency among requests, claims, and applications required in rules pertaining to air quality.

Item 3 excludes the emission guidelines, national emission standards for hazardous air pollutants, prevention of significant deterioration, and case-by-case MACT from variances.

Item 4 allows for facilities meeting certain conditions to be able to initiate construction prior to the issuance of the construction permit. Minor changes have been made to improve readability. Two provisions have been added to clarify intent. The first is that the prevention of significant deterioration (PSD) regulations remain in effect until a source obtains permitted limits through a construction permit that limits the source to below PSD thresholds has been obtained. The second states that if during review of the source's permit application the Department discovers that the project will interfere with the attainment or maintenance of an ambient air standard, or constitutes a violation of a state implementation control strategy, the applicant must cease construction immediately.

Item 5 exempts certain pyrolysis cleaning furnaces from the requirement to apply for a construction permit.

Item 6 adds clarification for those facilities wanting to get credit for emission reductions made as a result of the installation of control equipment. Emission reductions made to a source would require an enforceable limitation. Minor revisions were made to clarify the Department's intent.

Item 7 broadens the exemption for storage tanks.

Item 8 provides clarification for facilities claiming exemption for the installation of control equipment, or construction, modification or alteration done that does not result in a net emission increase.

Item 9 corrects the name of the air construction permit application. This item will no longer delete language regarding the submittal of final plans and specifications by or under the supervision of a professional engineer. The Department is considering alternative ways to address this issue based on internal discussion and comments received during the public comment period.

Item 10 makes corrections to a CFR reference and brings the reference for 40 CFR Part 51, Appendix W, up to date.

Item 11 updates the reference to 40 CFR Sec. 81.316 for the redesignation of Muscatine County to attainment for sulfur dioxide.

Item 12 updates references to 40 CFR Parts 51 and 63. 40 CFR Part 51 was amended through the delisting of methyl acetate as a volatile organic compound. 40 CFR Part 63 was amended. Three national emission standards for hazardous air pollutants (NESHAPs) were promulgated for flexible polyurethane foam production, pharmaceutical production, and pulp and paper production (noncombustion). Corrections, clarifications, revision of limits and record-keeping and reporting requirements, and addition of standards and definitions for the following NESHAPs: aerospace manufacturing, HON, industrial process cooling towers, petroleum refineries, polymer and resins (group IV), pulp and paper production (noncombustion), secondary lead smelters, wood furniture manufacturing operations, and gasoline distribution (stage 1). The update also includes the promulgation of the NESHAP for primary aluminum reduction plants, which was adopted by reference in a previous rule making.

Item 13 updates references to 40 CFR Parts 60 and 63. 40 CFR Part 60 was amended by corrections and clarifications to the following new source performance standards: municipal solid waste landfills, NO_x emissions from new fossil fuel fired steam generating units, and residential wood heaters. Revisions and corrections were also made to the guidelines to control existing sources for municipal solid waste landfills. Amendments made to 40 CFR Part 63 are the same as those stated in Item 12.

Items 14 and 15 update the reference to 40 CFR Sec. 81.316. Refer to Item 11.

Item 16 clarifies the certification requirement for obtaining a permit by rule for spray booths by referencing the allowable emission rate of 0.01 gr/scf of exhaust gas.

Item 17 provides clarification to the definition of a "major source." The department has considered fugitive emissions of hazardous air pollutants in determining whether a source exceeds the major source thresholds. This amendment will make the rules consistent with current implementation practices and federal regulations.

Item 18 removes December 9, 1999, as the deadline for deferment. It also updates references to 40 CFR Parts 60 and 63. Items 12 and 13 address amendments to those parts.

Item 19 updates the reference to 40 CFR Part 60, Subpart AAA.

Item 20 adds ozone to the list of insignificant activities that must be included in the Title V operating permit application, and provides clarification by striking reference to the Title V fee, which is not being required for insignificant activities.

Item 21 adds language to clarify that no Title V fee will be calculated for insignificant activities.

Item 22 updates references to 40 CFR Parts 73 and 76. 40 CFR Part 73 was amended by rescinding some sections that dealt with the allocation of SO₂ allowances and making other minor corrections and revisions. 40 CFR Part 76 was amended by rescinding 40 CFR Sec. 76.16, which covers alternative compliance that states may petition for the owners or operators of certain classes of coal-fired utility units.

Item 23 updates the reference to 40 CFR Sec. 73.10, Tables 2 and 3. Table 2 had minor revisions.

Items 24, 25, and 26 update references to 40 CFR Parts 73 and 76. Refer to Item 22.

Item 27 updates the reference to 40 CFR Part 73. Refer to Item 22.

Item 28 removes the eligibility deadline for voluntary operating permits for those sources subject to 111 and 112 of the Clean Air Act. It also clarifies when these facilities would be required to obtain a Title V operating permit.

Item 29 removes the eligibility deadline for operating permit by rule for small sources for those sources subject to 111 and 112 of the Clean Air Act.

Item 30 provides clarification to the definition of de minimis emissions and to the record-keeping requirements for stationary sources with de minimis emissions.

Item 31 provides clarification to the record-keeping requirements for non-de minimis sources.

Item 32 updates the reference to 40 CFR Part 60. Refer to Item 13.

Item 33 updates the reference to 40 CFR Part 63. Refer to Item 12. It also excludes several sections from the general adoption by reference of 40 CFR Part 63, which belong to Subpart A, General Provisions. The U.S. Environmental Protection Agency has determined that these sections are not delegable to state programs.

Item 34 adopts by reference new NESHAPs that were promulgated for flexible polyurethane foam production, pharmaceutical production, and pulp and paper (noncombustion).

Item 35 updates the reference to 40 CFR Part 60. Refer to Item 13.

Item 36 provides clarification for when existing municipal solid waste landfills, subject to the emission guidelines, are required to submit their Title V application to the Department.

Items 37 and 38 provide minor corrections to the municipal solid waste landfill emission guidelines.

Item 39 makes minor correction in the definition of ahospital/medical/infectious waste incinerator.

Item 40 establishes a default emission standard of 0.1 grain per standard cubic foot of exhaust gas for the emission of particulate matter as a replacement for the allowable rate of emission based on process weight rate. The Department has made some minor revisions to clarify intent. The July 21, 1999, date is associated with construction, reconstruction or modification of a source and not the date permitted. Those sources constructed, reconstructed or modified after July 21, 1999, will be subject to subparagraph 1. Those sources constructed, reconstructed or modified prior to July 21, 1999, will be subject to subparagraph 2. Grandfathered sources are still only subject to Table 1, unless another standard from Chapter 23 is applicable.

Item 41 establishes a maximum sulfur content for Number 1 and Number 2 fuel oil that may be combusted.

Item 42 provides clarification due to Table 1's no longer being used as the default emission standard for particulate matter.

Item 43 establishes a deadline for which quarterly reports of continuous monitoring information are required to be submitted to the Department.

Item 44 updates the reference to 40 CFR Part 60. Refer to Item 13.

These amendments may impact small business.

These amendments are intended to implement Iowa Code section 455B.133.

These amendments shall become effective on July 21, 1999.

The following amendments are adopted.

ITEM 1. Amend rule 567--20.2(455B), definitions of "Excess emission" and "Volatile organic compound," as follows:

"Excess emission" means any emission which exceeds either the applicable emission standard prescribed in 567-- Chapter 23 or rule 567--22.5(455B), or any emission limit specified in a permit or order.

"Volatile organic compound" means any compound included in the definition of volatile organic compound found at 40 CFR Section 51.100(s) as amended through ~~September 24, 1997~~ April 9, 1998.

ITEM 2. Amend subrule 21.2(1), paragraph "a," subparagraph (6), as follows:

(6) Each application shall contain certification by a responsible official as defined in rule 567--22.100(455B) of truth and accuracy. This certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information provided are true and accurate ~~bear the signature of the person making the application, following an affirmation that all statements are true and correct~~.

ITEM 3. Amend 21.2(3), paragraph "c," as follows:

c. Variance from any new source performance standards, emission guidelines, national emission standards for hazardous air pollutants, PSD, or a case-by-case MACT are not allowed. No variance shall be granted to a source to which ~~23.1(2) applies~~ 567--paragraph 22.1(1)"b," rule 567--22.4(455B), 567--subrule 23.1(2), 567--subrule 23.1(3), 567--subrule 23.1(4), or 567--subrule 23.1(5) applies.

ITEM 4. Amend subrule 22.1(1) as follows:

22.1(1) Permit required. Unless exempted in subrule 22.1(2) or to meet the parameters established in paragraph "c" of this subrule, no person shall construct, install, reconstruct or alter any equipment, control equipment or anaerobic lagoon without first obtaining a construction permit, or conditional permit, or permit pursuant to 22.8(455B), or permits required pursuant to 22.4(455B) and 22.5(455B) as required in this subrule. A permit shall be obtained prior to the initiation of construction, installation or alteration of any portion of the stationary source or anaerobic lagoon.

a. Existing sources. Sources built prior to September 23, 1970, are not subject to this subrule, unless they have been modified, reconstructed, or altered on or after September 23, 1970.

b. New or reconstructed major sources of hazardous air pollutants. No person shall construct or reconstruct a major source of hazardous air pollutants, as defined in 40 CFR 63.2 and 40 CFR 63.41 as amended through December 27, 1996, unless a construction permit has been obtained from the department, which requires maximum achievable control technology for new sources to be applied. The permit shall be obtained prior to the initiation of construction or reconstruction of the major source.

c. New, reconstructed, or modified sources may initiate construction prior to issuance of the construction permit by the department if they meet the eligibility requirements stated in subparagraph (1) below. The applicant must assume any liability for construction conducted on a source before the permit is issued. In no case will the applicant be allowed to hook up the equipment to the exhaust stack or operate the equipment in any way that may emit any pollutant prior to receiving a construction permit.

(1) Eligibility.

1. The applicant has submitted a construction permit application to the department, as specified in subrule 22.1(3);

2. The applicant has notified the department of the applicant's intentions in writing five working days prior to initiating construction; and

3. The source is not subject to rule 567--22.4(455B), 567--subrule 23.1(2), 567--subrule 23.1(3), 567--subrule 23.1(4), 567--subrule 23.1(5), or paragraph "b" of this subrule. Prevention of significant deterioration (PSD) provisions and prohibitions remain applicable until a proposed project legally obtains PSD synthetic minor status (i.e., obtains permitted limits which limit the source below the PSD thresholds).

(2) The applicant must cease construction if the department's evaluation demonstrates that the construction, reconstruction or modification of the source will interfere with the attainment or maintenance of the national ambient air quality standards or will result in a violation of a control strategy required by 40 CFR Part 51, Subpart G, as amended through August 12, 1996.

(3) The applicant will be required to make any modification to the source that may be imposed in the issued construction permit.

ITEM 5. Amend 22.1(2), paragraph "e," as follows:

e. Incinerators and pyrolysis cleaning furnaces with a rated refuse burning capacity of less than 25 pounds per hour. Pyrolysis cleaning furnace exemption is limited to those units that use only natural gas or propane. Salt bath units are not included in this exemption.

ITEM 6. Amend subrule 22.1(2), paragraph "i," introductory paragraph, as follows:

i. Construction, modification or alteration to equipment which will not result in a net emissions increase (as defined in 22.5(1)"f") of more than 1.0 lb/hr of any regulated air pollutant (as defined in 22.100(455B)). Emission reduction achieved through the installation of control equipment, for which a construction permit has not been obtained, does not establish a limit to potential emissions.

ITEM 7. Amend subrule 22.1(2), paragraph "m," as follows:

m. Gasoline storage tanks with a capacity of 5,000 gallons or less and an annual throughput less than 40,000 gallons, and coolant, diesel fuel, detergents, fuel oil, LPG, lubricating oils, and other nonhazardous air pollutant emitting storage Storage tanks with a capacity of less than 10,570 gallons and an annual throughput less than 40,000 gallons.

ITEM 8. Amend subrule 22.1(2), paragraph "s," subparagraph (1), as follows:

(1) A detailed emissions estimate of the actual and potential emissions, specifically noting increases or decreases, for the project for all regulated pollutants (as defined in 22.100(455B)), accompanied by documentation of the basis for the emission estimate;

ITEM 9. Amend 22.1(3), paragraph "b," introductory paragraph, as follows:

b. Construction permit applications. Each application for a construction permit shall be submitted to the department on the form "~~Application for a Permit to Install or Alter Equipment or Control Equipment~~ Air Construction Permit Application." Final plans and specifications for the proposed equipment or related control equipment shall be submitted with the application for a permit and shall be prepared by or under the direct supervision of a professional engineer registered in the state of Iowa in conformance with Iowa Code chapter 542B. The application for a permit to construct shall include the following information:

ITEM 10. Amend subrule 22.4(1) as follows:

22.4(1) Federal rules 40 CFR 52.21(a) (Plan ~~Approval~~ Disapproval), 52.21(q) (Public Participation), 52.21(s) (Environmental Impact Statement), and 52.21(u) (Delegation of Authority) are not adopted by reference. Also, for the purposes of 40 CFR 52.21~~(1)~~ (l), the department adopts by reference Appendix W to 40 CFR 51, Guideline on Air Quality Models (Revised), as adopted ~~August 9, 1995~~ March 12, 1996.

ITEM 11. Amend subrule 22.5(2), introductory paragraph, as follows:

22.5(2) Applicability. Areas designated as attainment, nonattainment, or unclassified are as listed in 40 CFR §81.316 as amended through ~~March 10, 1994~~ March 19, 1998.

ITEM 12. Amend subrule 22.5(4), paragraph "g," as follows:

g. Reduction credits. Credit for an emissions reduction can be claimed to the extent that the administrator and the department have not: (1) relied on it in issuing any permit under regulations approved pursuant to 40 CFR Parts 51 (amended through ~~September 24, 1997~~ April 9, 1998), 55 (amended through August 4, 1997), 63 (amended through ~~August 11, 1997~~ December 28, 1998), 70 (amended through November 26, 1997), or 71 (amended through October 22, 1997); (2) relied on it in demonstrating attainment or reasonable further progress; or (3) the reduction is not otherwise required under the Clean Air Act. Incidental emissions reductions which are not otherwise required under the Act shall be creditable as emissions reductions for such purposes if such emissions reductions meet the requirements of subrule 22.5(3).

ITEM 13. Amend subrule 22.5(6), paragraph "c," as follows:

c. State implementation plan, new source performance standards, and emission standards for hazardous air pollutants. A major stationary source or major modification shall meet each applicable emissions limitation under the state implementation plan and each applicable emissions standard of performance under 40 CFR Parts 60 (amended through ~~June 12, 1997~~ November 24, 1998), 61 (amended through October 14, 1997), and 63 (amended through ~~August 11, 1997~~ December 28, 1998).

ITEM 14. Amend rule 567--22.6(455B) as follows:

567--22.6(455B) Nonattainment area designations. Section 107(d) of the federal Clean Air Act, 42 U.S.C. §7457(d), requires each state to submit to the administrator of the federal Environmental Protection Agency a list of areas, that exceed the ambient air quality standards, that are lower than those standards, or that cannot be classified on the basis of current data. A list of Iowa's nonattainment area designations is found at 40 CFR Part 81.316 as amended through ~~March 10, 1994~~ March 19, 1998. The commission uses the document entitled "Criteria for Revising Nonattainment Area Designations" (June 14, 1979) to determine when and to what extent the list will be revised and resubmitted.

ITEM 15. Amend subrule 22.7(1), introductory paragraph, as follows:

22.7(1) Applicability. The owner or operator of any source located in an area with attainment or unclassified status (as published at 40 CFR §81.316 amended ~~through March 10, 1994~~ March 19, 1998) or located in an area with an approved State Implementation Plan (SIP) demonstrating attainment by the statutory deadline may apply for an alternative set of emission limits if:

ITEM 16. Amend subrule 22.8(1), paragraph "e," as follows:

e. Facilities which claim to be permitted by provisions of this rule must submit to the department a written statement as follows:

"I certify that all paint booths at the facility and listed below are in compliance with all applicable requirements of 567 IAC 22.8(1) and all other applicable requirements, including but not limited to the allowable emission rate for painting and surface coating operations of 0.01 gr/scf of exhaust gas as specified in 567--subrule 23.4(13). I understand that this equipment shall be deemed permitted under the terms of 567 IAC 22.8(1) only if all applicable requirements of 567 IAC 22.8(1) are met. This certification is based on information and belief formed after reasonable inquiry; the statements and information in this document are true, accurate, and complete."

The certification must be signed by one of the following individuals.

(1) For corporations, a principal executive officer of at least the level of vice president, or a responsible official as defined at 567 IAC 22.100(455B).

(2) For partnerships, a general partner.

(3) For sole proprietorships, the proprietor.

(4) For municipal, state, county, or other public facilities, the principal executive officer or the ranking elected official.

ITEM 17. Amend rule 567--22.100(455B), definition of "Major source," paragraph "2," as follows:

2. A major source of hazardous air pollutants according to Section 112 of the Act as follows:

For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tpy or more of any hazardous air pollutant which has been listed pursuant to Section 112(b) of the Act and these rules or 25 tpy or more of any combination of such hazardous air pollutants. Notwithstanding the previous sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emission from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources.

For Title V purposes, all fugitive emissions of hazardous air pollutants are to be considered in determining whether a stationary source is a major source.

For radionuclides, "major source" shall have the meaning specified by the administrator by rule as of January 18, 1994.

ITEM 18. Amend subrule 22.101(2) as follows:

22.101(2) Title V deferred stationary sources. The requirement to obtain a Title V permit is deferred for all sources listed in 22.101(1) that are not major sources, affected sources, or solid waste incineration units required to obtain a permit pursuant to Section 129(e) of the Act, ~~until December 9, 1999,~~ unless by the final promulgation of a federal standard to which the source is subject under the provisions of 40 CFR Part 60 (as amended through ~~September 15, 1997~~ November 24, 1998), 40 CFR Part 63 (as amended through ~~August 11, 1997~~ December 28, 1998), or 567--subrule 23.1(5), a source is required to obtain a Title V permit. Each source receiving a deferral under the provisions of this rule shall submit a Title V permit application to the department within 12 months of the date when the requirement to obtain a Title V permit is no longer deferred for that source.

ITEM 19. Amend subrule 22.102(1) as follows:

22.102(1) Residential wood heaters required to obtain a Title V permit solely because they are subject to 40 CFR 60, Subpart AAA, as amended to ~~June 29, 1995~~ November 24, 1998.

ITEM 20. Amend subrule 22.103(2) as follows:

22.103(2) Insignificant activities which must be included in Title V operating permit applications.

a. The following are insignificant if not needed to determine the applicability of or to impose any applicable requirement and if the total plantwide potential emissions from these insignificant activities do not exceed the level specified in paragraph 22.103(2)"b."

(1) An emission unit which has the potential to emit less than:

4000 lbs per year of carbon monoxide,

1600 lbs per year of nitrogen oxides,

1600 lbs per year of sulfur dioxides,

1000 lbs per year of particulate matter,

600 lbs per year of PM-10,

1600 lbs per year of volatile organic compounds,

1600 lbs per year of ozone,

24 lbs per year of lead,

120 lbs per year of fluorides,

280 lbs per year of sulfuric acid mists,

400 lbs per year of total reduced sulfur compounds,

20 lbs per year of any hazardous air pollutant except high-risk pollutants, or

20 lbs per year of any high-risk air pollutant divided by the weighting factor established in the definition of "High risk pollutant" in 567--22.100(455B).

(2) A storage tank which contains no volatile organic compounds above a vapor pressure of 0.75 pounds per square inch at the normal operating temperature of the tank when other emissions from the tank do not exceed the levels in subparagraph 22.103(2)"a"(1).

(3) Insignificant activities which are exempted because of size or production rate must be listed in the application.

b. Emission rate in tons per year:

Carbon monoxide 100.0

Nitrogen dioxide 40.0

Sulfur dioxide 40.0

Particulate matter 25.0

PM-10 15.0

Volatile organic compounds 40.0

Ozone 40.0

Lead 0.6

Fluorides 3.0

Sulfuric acid mist 7.0

Total reduced sulfur compounds 10.0

Sum of hazardous air pollutants (aggregate of the
weighted high-risk and non-high-risk
hazardous air pollutants) 0.5

c. Regardless of the classification of an activity as insignificant, an application for a Title V operating permit cannot omit information needed to determine the applicability of, or to impose, any applicable requirement ~~or to evaluate the fee amount required pursuant to rule 22.106(455B)~~.

d. The following are insignificant if not needed to determine the applicability of or to impose any applicable requirement.

(1) Fuel-burning equipment for indirect heating and reheating furnaces using natural or liquefied petroleum gas with a capacity of less than 10 million Btu per hour input per combustion unit.

(2) Fuel-burning equipment for indirect heating with a capacity of less than 1 million Btu per hour input per combustion unit when burning coal, untreated wood, or fuel oil.

(3) Incinerators with a rated refuse burning capacity of less than 25 pounds per hour.

(4) Gasoline, diesel fuel, or oil storage tanks with a capacity of 1,000 gallons or less and an annual throughput of less than 40,000 gallons.

ITEM 21. Amend rule 567--22.106(455B) by adopting the following new subrule:

22.106(7) Insignificant activities. No fee shall be required to be paid for insignificant activities, as defined in rule 22.103(455B).

ITEM 22. Amend rule 567--22.120(455B) by amending the following definitions:

"Acid rain program" means the national sulfur dioxide and nitrogen oxides air pollution control and emissions reduction program established in accordance with Title IV of the Act, rules 22.120(455B) to 22.147(455B), 40 CFR Parts 72, ~~73,~~ 75, 77, 78 as amended through October 24, 1997, 73 as amended through September 28, 1998, and 76 as amended through ~~December 19, 1996~~ May 1, 1998, and regulations implementing Sections 407 and 410 of the Act.

"Authorized account representative" means a responsible natural person who is authorized, in accordance with 40 CFR Part 73 as amended through ~~October 24, 1997~~ September 28, 1998, to transfer and otherwise dispose of allowances held in an allowance tracking system general account; or, in the case of a unit account, the designated representative of the owners and operators of the affected unit.

"Compliance certification" means a submission to the department or the administrator that is required by rules 22.120(455B) to 22.147(455B), by 40 CFR Parts 72, ~~73,~~ 75, 77, 78 as amended through October 24, 1997, 73 as amended through September 28, 1998, and 76 as amended through ~~December 19, 1996~~ May 1, 1998, or by regulations implementing Sections 407 or 410 of the Act to report an affected source or an affected unit's compliance or noncompliance with a provision of the acid rain program and that is signed and verified by the designated representative in accordance with Subpart B of 40 CFR Part 72 as amended through October 24, 1997, rules 22.146(455B) and 22.147(455B), and the acid rain program regulations generally.

ITEM 23. Amend subrule 22.122(1), paragraph "b," as follows:

b. An existing unit that is identified in Table 2 or 3 of 40 CFR 73.10 as amended through ~~October 24, 1997~~ September 28, 1998, and any other existing utility unit, except a unit under subrule 22.122(2).

ITEM 24. Amend subrule 22.125(7), paragraph "g," as follows:

g. Each violation of a provision of rules 22.120(455B) to 22.147(455B) and 40 CFR Parts 72, ~~73,~~ 75, 77, 78 as amended through October 24, 1997, 73 as amended through September 28, 1998, and 76 as amended through ~~December 19, 1996~~ May 1, 1998, and regulations implementing Sections 407 and 410 of the Act by an affected source or affected unit, or by an owner or operator or designated representative of such source or unit, shall be a separate violation of the Act.

ITEM 25. Amend rule 567--22.134(455B) as follows:

567--22.134(455B) Acid rain permit shield. Each affected unit operated in accordance with the acid rain permit that governs the unit and that was issued in compliance with Title IV of the Act, as provided in rules 22.120(455B) to 22.146 (455B), rule 567--25.2(455B), or 40 CFR Parts 72, ~~73,~~ 75, 77, 78 as amended through October 24, 1997, 73 as amended through September 28, 1998, and 76 as amended through ~~December 19, 1996~~ May 1, 1998, and the regulations implementing Section 407 of the Act, shall be deemed to be operating in compliance with the acid rain program, except as provided in paragraph 22.125(7)"f."

ITEM 26. Amend subrule 22.139(1) as follows:

22.139(1) Appeals of the acid rain portion of a Title V operating permit issued by the department that do not challenge or involve decisions or actions of the administrator under 40 CFR Parts 72, ~~73,~~ 75, 77, 78 as amended through October 24, 1997, 73 as amended through September 28, 1998, and 76 as amended through ~~December 19, 1996~~ May 1, 1998, and Sections 407 and 410 of the Act and regulations implementing Sections 407 and 410 shall be conducted according to the procedures in Iowa Code chapter 17A and 561--Chapter 7, as adopted by reference at 567--Chapter 7. Appeals of the acid rain portion of such a permit that challenge or involve such decisions or actions of the administrator shall follow the procedures under 40 CFR Part 78 as amended through October 24, 1997, and Section 307 of the Act. Such decisions or actions include, but are not limited to, allowance allocations, determinations concerning alternative monitoring systems, and determinations of whether a technology is a qualifying repowering technology.

ITEM 27. Amend subrule 22.144(1) as follows:

22.144(1) Upon recordation by the administrator under 40 CFR Part 73 as amended through ~~October 24, 1997~~ September 28, 1998, all allowance allocations to, transfers to, and deductions from an affected unit's allowance tracking system account; and

ITEM 28. Amend subrule 22.201(2), paragraph "b," as follows:

b. Sources which are not major sources but subject to a standard or other requirement under 567--subrule 23.1(2) (standards of performance for new stationary sources) or Section 111 of the Act; or 567--subrule 23.1(3) (emissions standards for hazardous air pollutants), 567--subrule 23.1(4) (emissions standards for hazardous air pollutants for source categories) or Section 112 of the Act are eligible for a voluntary operating permit ~~only until December 9, 1999, unless by final promulgation of a federal standard to which the source is subject under 40 CFR Part 60 or 40 CFR Part 63, a source is required to obtain a Title V permit~~. These sources shall be required to obtain a Title V operating permit when the deferment period specified in 567--subrule 22.101(2) has expired or ~~as required by~~ no longer applies, or a standard is promulgated under 40 CFR Part 60 or 63 to which the source is subject.

ITEM 29. Amend subrule 22.300(3), paragraphs "b" and "c," as follows:

b. Sources which meet the registration criteria established in 22.300(2)"a" and meet all applicable requirements of rule 22.300(455B), and are subject to a standard or other requirement under 567--subrule 23.1(2) (standards of performance for new stationary sources) or Section 111 of the Act are eligible for an operating permit by rule for small sources ~~only until five years from December 9, 1999~~. These sources shall be required to obtain a Title V operating permit when the deferment period specified in subrule 22.101(2) has expired or no longer applies. Sources subject to standards contained in Section 111 or 112 of the Act shall not be eligible to obtain a ~~voluntary~~ small source operating permit unless they are also exempted from Title V by rule 22.102(455B).

c. Sources which meet the registration criteria established in 22.300(2)"a" and meet all applicable requirements of rule 22.300(455B), and are subject to a standard or other requirement under 567--subrule 23.1(3) (emissions standards for hazardous air pollutants), 567--subrule 23.1(4) (emissions standards for hazardous air pollutants for source categories) or Section 112 of the Act are eligible for an operating permit by rule for small sources ~~only until five years from December 9, 1999, or~~ until the final promulgation of a federal standard under 40 CFR Part 60 or 40 CFR Part 63 to which the source is subject~~, whichever is earlier~~. These sources shall be required to obtain a Title V or voluntary operating permit when the deferment period specified in subrule 22.101(2) has expired or no longer applies.

ITEM 30. Amend subrule 22.300(4), paragraph "b," as follows:

b. Record keeping for de minimis sources. Upon registration with the department the owner or operator of a stationary source eligible to register for an operating permit by rule for small sources shall comply with all applicablerecord-keeping requirements of this rule. The record-keeping requirements of this rule shall not replace anyrecord-keeping requirement contained in ~~an operating or~~ a construction permit or in a local, state, or federal rule or regulation.

(1) De minimis sources shall always maintain an annual log of each raw material used and its amount~~, and each product produced and its production rate~~. The annual log and all related material safety data sheets (MSDS) for all materials shall be maintained for a period of not less than the most current five years. The annual log will begin on the date the small source operating permit application is submitted, then on an annual basis, based on a calendar year.

(2) Within 30 days of a written request by the state or the U.S. EPA, the owner or operator of a stationary source not maintaining records pursuant to subrule 22.300(7) shall demonstrate that the stationary source's emissions or throughput is not in excess of the applicable quantities set forth in paragraph "a" above.

ITEM 31. Amend subrule 22.300(7) as follows:

22.300(7) Record-keeping requirements for non-de min-imis sources. Upon registration with the department the owner or operator of a stationary source eligible to register for an operating permit by rule for small stationary sources shall comply with all applicable record-keeping requirements in this rule. The record-keeping requirements of this rule shall not replace any record-keeping requirement contained in any operating permit, a construction permit, or in a local, state, or federal rule or regulation.

a. A stationary source previously covered by the provisions in 22.300(4) shall comply with the applicable provisions of subrule 22.300(7) (record-keeping requirements) and subrule 22.300(8) (reporting requirements) if the stationary source exceeds the quantities specified in paragraph 22.300(4) "a."

b. The owner or operator of a stationary source subject to this rule shall keep and maintain records, as specified in 22.300(7)"c" below, for each permitted emission unit and each piece of emission control equipment sufficient to determine actual emissions. Such information shall be ~~summarized in a monthly log,~~ maintained on site for five years, and be made available to local, state, or U.S. EPA staff upon request.

c. Record-keeping requirements for emission units and emission control ~~units~~ equipment. Record-keeping requirements for emission units are specified below in 22.300(7)"c"(1) through 22.300(7)"c"(4). Record-keeping requirements for emissions control equipment are specified in 22.300(7)"c"(5).

(1) Coating/solvent emission unit. The owner or operator of a stationary source subject to this rule that contains a coating/solvent emission unit not permitted under 22.8(1) (permit by rule for spray booths) or uses a coating, solvent, ink or adhesive shall keep and maintain the following records:

1. A current list of all coatings, solvents, inks and adhesives in use. This list shall include: information on the manufacturer, brand, product name or code, VOC content in grams per liter or pounds per gallon, hazardous air pollutant content in grams per liter or pounds per gallon, or manufacturer's product specifications, material VOC content reports or laboratory analyses providing this information; material safety data sheets (MSDS), manufacturer's product specifications, and material VOC content reports for each solvent (including solvents used in cleanup and surface preparation), coating, ink, and adhesive used showing at least the product manufacturer, product name and code, VOC and hazardous air pollutant content;

2. A description of any equipment used during and after coating/solvent application, including type, make and model; maximum design process rate or throughput; and control device(s) type and description (if any); ~~and a description of the coating/solvent application/drying method(s) employed;~~

3. A monthly log of the consumption of each solvent (including solvents used in cleanup and surface preparation), coating, ink, and adhesive used; and

4. All purchase orders, invoices, and other documents to support information in the monthly log.

(2) Organic liquid storage unit. The owner or operator of a stationary source subject to this rule that contains an organic liquid storage unit shall keep and maintain the following records:

1. A monthly log identifying the liquid stored and monthly throughput; and

2. Information on the tank design and specifications including control equipment.

(3) Combustion emission unit. The owner or operator of a stationary source subject to this rule that contains a combustion emission unit shall keep and maintain the following rec-ords:

1. Information on equipment type, make and model, maximum design process rate or maximum power input/output, minimum operating temperature (for thermal oxidizers) and capacity~~, control device(s) type and description (if any)~~ and all source test information; and

2. A monthly log of ~~hours of operation,~~ fuel type, fuel usage, fuel heating value (for nonfossil fuels; in terms of Btu/lb or Btu/gal), and percent sulfur for fuel oil and coal~~, and percent nitrogen for coal~~.

(4) Emission control unit. The owner or operator of a stationary source subject to this rule that contains an emission control unit shall keep and maintain the following records:

1. Information on equipment type and description, make and model, and emission units served by the control unit;

2. Information on equipment design including, where applicable: pollutant(s) controlled; control effectiveness; and maximum design or rated capacity; inlet and outlet temperatures, and concentrations for each pollutant controlled; catalyst data (type, material, life, volume, space velocity, ammonia injection rate and temperature); baghouse data (design, cleaning method, fabric material, flow rate, air/cloth ratio); electrostatic precipitator data (number of fields, cleaning method, and power input); scrubber data (type, design, sorbent type, pressure drop); other design data as appropriate including any available~~; all~~ source test information and manufacturer's design/repair/maintenance manual; and

3. A monthly log of hours of operation including notation of any control equipment breakdowns, upsets, repairs, maintenance and any other deviations from design parameters.

(5) General emission unit. The owner or operator of a stationary source subject to this rule that contains an emission unit not included in subparagraph (1), (2), or (3) above shall keep and maintain the following records:

1. Information on the process and equipment including the following: equipment type, description, make and model; and maximum design process rate or throughput~~; control device(s) type and description (if any)~~;

2. A monthly log of operating hours, and each raw material used and its amount~~, each product produced and its production rate~~; and

3. Purchase orders, invoices, ~~and~~ or other documents to support information in the monthly log.

ITEM 32. Amend subrule 23.1(2), introductory paragraph, as follows:

23.1(2) New source performance standards. The federal standards of performance for new stationary sources, as defined in 40 Code of Federal Regulations Part 60 as amended or corrected through ~~September 15, 1997~~ November 24, 1998, and 40 CFR Part 503 as adopted on October 25,1995, are adopted by reference, except § 60.530 through§ 60.539b, and shall apply to the following affected facilities. The corresponding 40 CFR Part 60 subpart designation is in parentheses. Reference test methods (Appendix A), performance specifications (Appendix B), determination of emission rate change (Appendix C), quality assurance procedures (Appendix F) and the general provisions (Subpart A) of 40 CFR Part 60 also apply to the affected facilities.

ITEM 33. Amend subrule 23.1(4), introductory paragraph, as follows:

23.1(4) Emission standards for hazardous air pollutants for source categories. The federal standards for emissions of hazardous air pollutants for source categories, 40 Code of Federal Regulations Part 63 as amended through ~~August 11, 1997~~ December 28, 1998, are adopted by reference, except 40 CFR §§ 63.6(g) and (h)(9), 63.7(e)(2)(ii) and (f), 63.8(f), 63.10(f), 63.12, 63.14, 63.15, 63.40(a), 63.42(a), (b), 63.43(c), (f)-(m), 63.560(b), (e)(2), (3), and 63.562(c), (d), and shall apply to the following affected facilities. The corresponding 40 CFR Part 63 Subpart designation is in parentheses. 40 CFR Part 63 Subpart B incorporates the requirements of Clean Air Act Sections 112(g) and 112(j) and does not adopt standards for a specific affected facility. Test methods (Appendix A), sources defined for early reduction provisions (Appendix B), and determination of the fraction biodegraded (F_bio) in the biological treatment unit (Appendix C) of Part 63 also apply to the affected activities or facilities. For the purpose of this subrule "Hazardous air pollutant" has the same meaning found in 567--22.100(455B). For the purposes of this subrule a "major source" means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants, unless a lesser quantity is established, or in the case of radionuclides, where different criteria are employed. For the purposes of this subrule an "area source" means any stationary source of hazardous air pollutants that is not a major stationary source as defined in this paragraph. Paragraph 23.1(4)"a," general provisions (Subpart A) of Part 63, shall apply to owners or operators who are subject to subsequent subparts of 40 CFR 63 (except when otherwise specified in a particular subpart or in a relevant standard) as adopted by reference below.

ITEM 34. Amend subrule 23.1(4) by adopting the following new paragraphs:

s. Emission standards for hazardous air pollutants for pulp and paper (noncombustion). These standards apply to pulping and bleaching process sources at kraft, soda, sulfite, and stand-alone semichemical pulp mills. Affected sources include pulp mills and integrated mills (mills that manufacture pulp and paper/paperboard) that chemically pulp wood fiber (using kraft, sulfite, soda, or semichemical methods); pulp secondary fiber; pulp nonwood fiber; and mechanically pulp wood fiber. (Subpart S)

bg. Emission standards for hazardous air pollutants for pharmaceutical manufacturing. These standards apply to producers of finished dosage forms of drugs, for example, tablets, capsules, and solutions, that contain an active ingredient generally, but not necessarily, in association with inactive ingredients. Pharmaceuticals include components whose intended primary use is to furnish pharmacological activity or other direct effect in the diagnosis, cure, mitigation, treatment, or prevention of disease, or to affect the structure or any function of the body of humans or other animals. The regulations do not apply to research and development facilities. (Subpart GGG)

bi. Emission standards for hazardous air pollutants for flexible polyurethane foam production. These standards apply to producers of slabstock, molded, and rebond flexible polyurethane foam. The regulations do not apply to proc-esses dedicated exclusively to the fabrication (i.e., gluing or otherwise bonding foam pieces together) of flexible polyurethane foam or to research and development. (Subpart III)

ITEM 35. Amend subrule 23.1(5), introductory paragraph, as follows:

23.1(5) Emission guidelines. The emission guidelines and compliance times for existing sources, as defined in 40 Code of Federal Regulations Part 60 as amended through ~~September 15, 1997~~ November 24, 1998, shall apply to the following affected facilities. The corresponding 40 CFR Part 60 subpart designation is in parentheses. The control of the designated pollutants will be in accordance with federal standards established in Sections 111 and 129 of the Act and 40 CFR Part 60, Subpart B (Adoption and Submittal of State Plans for Designated Facilities), and the applicable subpart(s) for the existing source. Reference test methods (Appendix A), performance specifications (Appendix B), determination of emission rate change (Appendix C), quality assurance procedures (Appendix F) and the general provisions (Subpart A) of 40 CFR Part 60 also apply to the affected facilities.

ITEM 36. Amend subrule 23.1(5), paragraph "a," subparagraph (2), by adding the following new numbered paragraph "3":

3. For MSW landfills subject to 567--subrule 22.101(1) only because of applicability to subparagraph 23.1(5)"a"(2), the following apply for obtaining and maintaining a Title V operating permit under 567--22.104(455B):

The owner or operator of an MSW landfill with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters is not required to obtain an operating permit for the landfill.

The owner or operator of an MSW landfill with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters on or before June 22, 1998, becomes subject to the requirements of 567--subrule 22.105(1) on September 20, 1998. This requires the landfill to submit a Title V permit application to the Air Quality Bureau, Department of Natural Resources, no later than September 20, 1999.

The owner or operator of a closed MSW landfill does not have to maintain an operating permit for the landfill if either of the following conditions are met: the landfill was never subject to the requirement for a control system under subparagraph 23.1(5)"a"(3); or the owner or operator meets the conditions for control system removal specified in 40 CFR§ 60.752(b)(2)(v).

ITEM 37. Amend subrule 23.1(5), paragraph "a," subparagraph (3), paragraphs "1" and "2," as follows:

1. MSW landfill emissions at each MSW landfill meeting the conditions below shall be controlled. A design capacity report must be submitted to the director by November 18, 1997.

The landfill has accepted waste at any time since November 8, 1987, or has additional design capacity available for future waste deposition.

The landfill has a design capacity greater than or equal to 2.5 million megagrams or 2.5 million cubic meters~~, which must be provided to the administrator in a design capacity report by November 18, 1997~~. The landfill may calculate design capacity in either megagrams or cubic meters for comparison with the exemption values. Any density conversions shall be documented and submitted with the report. All calculations used to determine the maximum design capacity must be included in the design capacity report.

The landfill has a nonmethane organic compound (NMOC) emission rate of 50 megagrams per year or more. If the MSW landfill's design capacity exceeds the established thresholds in 23.1(5)"a"(3)"1," the NMOC emission rate calculations must be provided with the design capacity report.

2. The planning and installation of a collection and control system shall meet the conditions provided in 40 CFR 60.752(b)(2)~~(ii)~~ at each MSW landfill meeting the conditions in 23.1(5)"a"(3)"1."

ITEM 38. Amend subrule 23.1(5), paragraph "a," subparagraph (6), numbered paragraph "1," as follows:

1. Except as provided for under 23.1(5)"a"(6)"2," planning, awarding of contracts, and installation of MSW landfill air emission collection and control equipment capable of meeting the emission guidelines established under 23.1(5)"a"(3) shall be accomplished ~~by February 20, 2000~~ within 30 months after the date the initial NMOC emission rate report shows NMOC emissions greater than or equal to 50 megagrams per year.

ITEM 39. Amend subrule 23.1(5), paragraph "b," subparagraph (1), definition of "Hospital/medical/infectious waste incinerator," as follows:

"Hospital/medical/infectious waste incinerator" or"HMIWI" means any device that combusts any amount or combination of hospital or medical/ or infectious waste.

ITEM 40. Amend subrule 23.3(2), paragraph "a," as follows:

a. ~~Process weight~~ General emission rate.

(1) ~~The~~ For sources constructed, modified or reconstructed after July 21, 1999, the emission of particulate matter from any process shall not exceed the amount determined from Table I, except as provided in 567--21.2(455B), 23.1(455B), 23.4(455B), and 567--Chapter 24. If the director determines that a process complying with the emission rates specified in Table I is causing or will cause air pollution in a specific area of the state, an emission standard of 0.1 grain per dry standard cubic foot of exhaust gas ~~may be imposed~~, except as provided in 567--21.2(455B), 23.1(455B), 23.4(455B), and 567--Chapter 24.

(2) For sources constructed, modified or reconstructed prior to July 21, 1999, the emission of particulate matter from any process shall not exceed the amount determined from Table I, or amount specified in a permit if based on an emission standard of 0.1 grain per standard cubic foot of exhaust gas, or established from standards provided in 23.1(455B) and 23.4(455B).

ITEM 41. Amend subrule 23.3(3), paragraph "b," as follows:

b. Sulfur dioxide from use of liquid fuels.

(1) No person shall allow, cause, or permit the combustion of number 1 or number 2 fuel oil exceeding a sulfur content of 0.5 percent by weight.

(2) No person shall allow, cause, or permit the emission of sulfur dioxide into the atmosphere in an amount greater than 2.5 pounds of sulfur dioxide, replicated maximum three-hour average, per million Btu of heat input from a liquid fuel-burning unit.

(3) Notwithstanding this paragraph, a fossil fuel-fired steam generator to which 23.1(2)"a," 23.1(2)"z" or 23.1(2)"ccc" applies shall comply with 23.1(2)"a," 23.1(2)"z" or 23.1(2)"ccc."

ITEM 42. Amend subrule 23.4(4) as follows:

23.4(4) Cupolas for metallurgical melting. The emissions of particulate matter from all new foundry cupolas, and from all existing foundry cupolas with a process weight rate in excess of 20,000 pounds per hour, shall not exceed the amount ~~determined from Table I of these rules,~~ specified in paragraph 23.3(2)"a," except as provided in 567--Chapter 24.

The emissions of particulate matter from all existing foundry cupolas with a process weight rate less than or equal to 20,000 pounds per hour shall not exceed the amount determined from Table II of these rules, except as provided in 567--Chapter 24.

ITEM 43. Amend subrule 25.1(6) as follows:

25.1(6) Reporting of continuous monitoring information. The owner or operator of any source affected by 25.1(1) to 25.1(4) shall ~~report~~ provide quarterly reports to the director, no later than 30 calendar days following the end of the calendar quarter, on forms provided by the director.~~, on a quarterly basis, all~~ All periods of recorded emissions in excess of the applicable standards, the results of all calibrations and zero checks and performance evaluations occurring during the reporting period, and any periods of monitoring equipment malfunctions or source upsets and any apparent reasons for these malfunctions and upsets shall be included in the report.

ITEM 44. Amend subrule 25.1(10), paragraph "a," as follows:

a. An affected source is subject to a new source performance standard promulgated in 40 CFR Part 60 as amended through ~~September 15, 1997~~ November 24, 1998.

[Filed 5/28/99, effective 7/21/99]

[Published 6/16/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/16/99.

ARC 9097A

ENVIRONMENTAL PROTECTION COMMISSION[567]

Adopted and Filed

Pursuant to the authority of Iowa Code chapters 455B and 455D, the Environmental Protection Commission hereby rescinds Chapter 105, "Yard Waste Disposal and Solid Waste Composting Facilities," and adopts a new Chapter 105, "Organic Materials Composting Facilities," Iowa Administrative Code.

This new chapter is intended to update and clarify the existing rules by removing numerous references to other chapters of the Iowa Administrative Code and incorporating all organic materials composting facility rules in the new Chapter 105. A 20-member advisory committee was formed to revise the yard waste disposal and solid waste composting facilities rules to provide operators more flexibility in designing compost facilities while maintaining protection for the environment. The advisory committee consisted of numerous Department stakeholders, including business and industry, state agencies, federal agencies, solid waste organizations, nonprofit organizations, educators, and local governments. Rules focusing on best management practices in composting have been developed.

Notice of Intended Action was published in the Iowa Administrative Bulletin on April 7, 1999, as ARC 8907A. A public hearing was held on April 27, 1999. One person attended. Written comments were received from six respondents. As a result of the comments received, several terms used in the proposed rules were either replaced or further defined for clarification.

This amendment is intended to implement Iowa Code chapters 455B and 455D.

This amendment shall become effective July 21, 1999.

The following amendment is adopted.

Rescind 567--Chapter 105 and adopt the following new chapter in lieu thereof:

CHAPTER 105
ORGANIC MATERIALS COMPOSTING FACILITIES

567--105.1(455B,455D) General. This chapter shall apply to the composting of solid wastes. Composting is the controlled biological decomposition of organic matter under aerobic conditions resulting in a stable, innocuous final product. Composting facilities may include vermicomposting, turned windrows, aerated static piles, aerated in-vessel systems, or other methods approved by the department. A composting facility is defined as all related receiving, processing, production, curing, and storage areas and necessary roads, buildings, equipment, litter control devices, pollution control devices, fire control devices, landscaping, gates, personnel and maintenance facilities, sewer and water lines, and process water. Composting facilities existing as of July 21, 1999, must comply with the requirements of this chapter within one year or by the permit renewal date, whichever is later.

105.1(1) Two types of composting are allowed:

a. Yard waste composting. Yard waste composting involves only yard waste, defined as vegetative matter such as grass clippings, leaves, garden waste, brush, and trees, and any clean wood waste free of coatings and preservatives necessary as bulking agent. Use of any other materials as bulking agent shall require prior approval by the department. Yard waste composting facilities are exempt from having a permit if operated in conformance with 567--105.3(455B, 455D) and 567--105.4(455B,455D).

b. Solid waste composting. Solid waste composting involves any organic material in addition to or other than yard waste. No one shall construct or operate a solid waste composting facility without first obtaining a permit from the department. On-farm composting of dead animals generated on the same farm as the composting facility is exempt from having a permit if operated in conformance with 567-- 105.9(455B,455D). Solid waste composting facilities involving municipal sewage sludge shall also operate in conformance with 567--Chapter 67, Iowa Administrative Code.

105.1(2) Burial of yard waste at a sanitary landfill is prohibited. Acceptance of yard waste by a hauling firm or at a transfer station for burial at a sanitary landfill is also prohibited. However, yard waste which has been separated at its source from other solid waste may be accepted by a sanitary landfill for the purposes of soil conditioning or composting. Yard waste accepted by a sanitary landfill for the purposes of soil conditioning shall only be used on finished areas of the landfill that have received the final earthen cover, developed areas with intermediate cover, and restoration of soil borrow areas. Burning of yard waste at a sanitary landfill or transfer station is prohibited.

105.1(3) Each city and county shall, by ordinance, require persons within the city or county to separate yard waste from other solid waste generated. Municipalities which provide for collection of solid waste shall also provide for separate collection of yard waste.

105.1(4) The use of yard waste as land cover or soil conditioner is not prohibited. Land application of yard waste shall be in conformance with this rule.

a. The yard waste shall be taken out of containers and the containers shall be removed from the land application site.

b. The site shall be managed to prevent waste from leaving the property line.

c. The land application shall not exceed 20 tons per acre per year.

d. Yard waste can be stored for two weeks before it must be land-applied.

567--105.2(455B,455D) Exemptions. The following proj-ects are exempt from this chapter. This exemption is not a defense to a nuisance action brought pursuant to Iowa Code chapter 657.

105.2(1) Yard waste composted and used on the same premises where it originated.

105.2(2) Household organic waste composted and used on the same premises where it originated.

105.2(3) Composting facilities involving only animal manure, animal bedding, or crop residues and any clean wood waste free of coatings and preservatives necessary as bulking agent. Use of any other materials as bulking agent shall require prior approval by the department. If animal manure or animal bedding is mixed with other solid wastes for the purpose of composting, then this chapter shall apply unless the other solid wastes have been preapproved by the department as necessary as bulking agent.

105.2(4) Yard waste, household organic waste, animal manure, animal bedding, and crop residues generated on the same premises may be composted together on the same premises where they originated.

567--105.3(455B,455D) General requirements for all composting facilities except dead animal composting facilities. All composting facilities shall meet the following requirements, except on-farm composting of dead animals generated on the same farm if operated in conformance with 105.9(455B,455D).

105.3(1) The composting facility shall be 500 feet from any existing inhabited residence at the time of facility construction unless there is a written agreement with the owner of the residence and the site is screened by natural objects, plantings, fences or by other appropriate means.

105.3(2) Access to the facility shall be restricted and a gate shall be provided at the entrance to the facility and left locked when an employee, agent or representative of the compost facility is not on duty.

105.3(3) Emergency access shall be provided to the facility. Fire lanes shall be maintained to provide access for firefighting equipment.

105.3(4) The facility shall have a permanent sign posted at the entrance specifying:

a. Name of operation,

b. Operating hours,

c. Name and telephone number of the responsible official,

d. Materials which are accepted or the statement "All materials must have prior approval," and

e. Name and telephone number of emergency contact person.

105.3(5) Solid waste shall be unloaded at the composting facility only when an employee, agent or representative of the facility is on duty.

105.3(6) Solid waste which cannot be composted or which is removed during processing shall be disposed of in accordance with the Iowa Administrative Code. Infectious waste as defined in Iowa Code section 455B.501(1)"b" and broken glass shall not be accepted for composting at any composting facility unless approved by the department.

105.3(7) Measures shall be taken to prevent water from running onto the facility from adjacent land and to prevent water from running off the composting facility.

105.3(8) Facilities shall be designed, constructed, and maintained so as to avoid or minimize ponding of water or liquids. Any ponding that does occur shall be corrected through routine facility maintenance within 48 hours after the termination of the event causing the ponding.

105.3(9) The operating area for composting shall be surrounded with appropriate barriers to prevent litter from blowing beyond the operating area. At the conclusion of each day of operation, any litter strewn beyond the confines of the operating area shall be collected and stored in covered leakproof containers or properly disposed.

105.3(10) Solid waste materials shall be managed through the entire process in accordance with best management practices, to minimize and prevent conditions such as odors, dust, and vectors which may create nuisance conditions. For the purposes of this chapter, "best management practices," is defined as the practices described in the most recent version of the Compost Facility Operating Guide published by the United States Composting Council or other best management practices as approved by the department. A copy of the Compost Facility Operating Guide is available for review at the field offices and records center of the department.

105.3(11) Storage of finished compost shall be limited to 18 months.

105.3(12) If finished compost is offered for sale as a soil conditioner or fertilizer, the compost must be registered by the department of agriculture and land stewardship under Iowa Code chapter 200, Iowa fertilizer law. Sale shall be in compliance with all applicable federal and state laws and local ordinances and regulations.

105.3(13) Compost shall not be applied to land or sold or given away unless the concentration of human-made inert materials such as glass, metal, and plastic is less than 1.5 percent by dry weight. Compost shall not be applied to land or sold or given away unless the size of any human-made inert materials is less than 13 mm.

105.3(14) The composting facility shall obtain an NPDES permit as required in 567--Chapter 64.

567--105.4(455B,455D) Specific requirements for yard waste composting facilities. Yard waste compost facility operators are encouraged to be trained, tested, and certified by a department-approved certification program upon adoption of such a program by the department.

105.4(1) Before opening a yard waste composting facility, the waste management assistance division and the field office of the department serving the composting facility's location shall be notified in writing of the following:

a. The location of the composting facility,

b. Legal description of the facility,

c. Landowner's name, telephone number, and mailing address,

d. Responsible party's name, telephone number, and mailing address,

e. Annual capacity of the facility,

f. Source of the yard waste and any necessary bulking agent, and

g. Method of composting to be employed.

105.4(2) An all-weather surface must be used for receiving and for access to the facility. The all-weather surface shall be made of materials that will permit accessibility during periods of inclement weather.

105.4(3) The area of the composting facility must be large enough for the volume of yard waste composted.

105.4(4) Yard waste to be composted must be taken out of containers. Yard waste may be left in bags only if the bags are biodegradable.

105.4(5) Aerobic conditions shall be maintained in accordance with best management practices as defined in 105.3(10).

105.4(6) Reporting. An annual report summarizing the records required in 105.4(6)"a" to "c" shall be submitted to the waste management assistance division of the department and the field office of the department serving the composting facility's location by July 31 of each year. The report shall summarize the records from the fiscal year beginning July 1 of the preceding calendar year and ending June 30 of the current year. The records required in 105.4(6)"a" to "c" shall be condensed into monthly totals and an annual total of the following:

a. Amount of yard waste and any necessary bulking agent accepted in tons,

b. Amount of finished compost removed from the facility in tons, and

c. How the compost removed from the facility was used and, if possible, the number of tons per use.

These records shall be maintained for a period of two years after last use of the compost facility. These records shall be maintained at the facility for inspection and evaluation by the department at any time during normal operating hours.

567--105.5(455B,455D) Permit requirements for solid waste composting facilities. All solid waste composting facilities shall meet the following requirements, except on-farm composting of dead animals generated on the same farm if operated in conformance with 105.9(455B,455D). Application for a permit to construct and operate a solid waste composting facility shall be made on Form 50 (542-1542) and submitted to the department's Des Moines central office. This permit is issued under the authority of Iowa Code section 455B.305 for sanitary disposal projects which comply with the requirements of this chapter. A comprehensive solid waste management plan, completed in accordance with 567 IAC 101.4(455B,455D), shall be submitted to and approved by the waste management assistance division of the department before a permit can be issued.

This application must be accompanied by an operating plan encompassing, at a minimum, the design plans, specifications and additional information required by this chapter. Such permits are issued for a period of three years and are renewable for a period of three years.

The department shall either approve or deny a permit to a person applying for a permit within six months from the date that the department receives a complete application. A complete application which is not denied within the six-month period shall be approved by default. The department shall issue a permit to the applicant within ten days following the date of default approval.

If an application for a solid waste composting facility permit is found not to be in full compliance with this chapter, the applicant will be notified of that fact and of the specific deficiencies. If the deficiencies are not corrected within 30 days following such notification, the application may be returned as incomplete without prejudice to the applicant's right to reapply. The applicant may be granted, upon request, an additional 30 days to complete the application.

105.5(1) A permit application for a new facility shall include a completed Form 50 (542-1542) and a map or aerial photograph. This map or aerial photograph shall identify:

1. The boundaries of the facility,

2. Wells, streams, creeks, rivers, ponds, sinkholes, and drainage wells,

3. North or other principal compass points,

4. Zoning and land use within one-half mile,

5. Haul routes to and from the facility with load limits or other restrictions,

6. Homes and buildings within one-half mile,

7. Section lines or other legal boundaries, and

8. Any nearby runway used or planned to be used by turbojet or piston-type aircraft at FAA-certified airports.

105.5(2) Design requirements. Design documents must be prepared by a professional engineer licensed in the state of Iowa (Iowa Code chapter 542B) and must include the following:

a. Equipment to be installed, litter control devices, pollution control devices, fire control devices, landscaping, gates, personnel and maintenance facilities, sewer and water lines, and process water, and dimensions, details, and capacities of the proposed receiving, processing, production, curing, and storage areas.

b. Design calculations justifying the size of the composting areas. The areas for composting must be adequate for the volume of solid waste being composted.

c. Descriptions, specifications, and capacities of proposed equipment to be used in composting.

d. Flow diagram of all operating steps.

e. Composition of the operating surface. Receiving, processing, production, and curing must take place on a constructed, impervious base that can support the load of the equipment used under all weather conditions. The permeability coefficient of the base must be less than 1 ? 10^-7 cm/sec (0.00028 feet/day). Storage areas for finished compost must be made of materials that will permit accessibility during periods of inclement weather.

f. Dimensions, details, and capacities of storm water management systems to prevent run-on and runoff from the composting facility. The storm water management systems must be designed to collect and store all runoff water from the proposed receiving, processing, production, curing, and storage areas resulting from a 25-year, 24-hour precipitation event. Storm water management systems must meet applicable federal and state storm water regulations and shall not discharge to surface waters except as allowed by an NPDES permit.

105.5(3) Operating requirements. The operating plan shall provide the following:

a. Method of composting.

b. Duration of composting with a time frame for receiving, processing, production, curing, and storage.

c. Description of storage of raw materials including quantity and types. All materials received must be incorporated into the composting process within 24 hours of receipt unless storage of these materials is specified in the plan and approved by the department.

d. Description of the types, amounts, and sources of wastes to be received and processed daily. Prior to the facility's expanding the amount or types of materials accepted, the facility shall make a request in writing and obtain approval from the department for an amendment to the permit.

e. Description of the aeration method and the aeration frequency to be used to maintain aerobic conditions in accordance with best management practices as defined in 105.3(10).

f. Description of the methods to prevent, minimize, and manage odors.

g. Description of the methods to prevent, minimize, and manage dust.

h. Description of the methods to prevent, minimize, and manage flies, rodents and other vermin.

i. Description of the specific procedures to be followed in case of equipment breakdown, maintenance downtime, and fire in equipment, composting material or buildings to include methods to be used to remove or dispose of accumulated waste and burned and damaged material.

j. Plans for using or marketing the finished compost.

k. Method(s) of disposing of collected storm water.

l. Method(s) of maintaining storm water management systems to maintain design volume and to locate and repair leaks in the system.

m. Description of the monitoring, sampling, and analysis procedures and schedule for testing the composting process and product including sampling frequency, sample size and number, and sample locations. Sample collection, preservation, and analysis must be done in a manner which ensures valid and representative results. Two guidance documents describing in more detail methods for composting and compost monitoring, sampling and analysis are the most recent versions of the Compost Facility Operating Guide and the Test Methods for the Examination of Composting & Compost published by the United States Composting Council. A copy of each publication is available for review at the rec-ords center of the department. The department may inspect the facility and perform testing on the composting process and product at any time. Unless otherwise proposed in the operating plan and authorized in the permit, the permit holder shall test at a minimum:

(1) Twice weekly temperature readings of compost piles, batches, and windrows. Compost must be held at a temperature above 55 degrees Celsius (131 degrees Fahrenheit) for at least two weeks for the purpose of pathogen destruction. Other time periods may be approved by the department.

(2) Weekly moisture levels of compost piles, batches, and windrows.

(3) Testing of the finished product. Compost shall not be applied to land or sold or given away unless the concentrations of human-made inert materials comply with 105.3(13) and the concentrations of all metals are less than the following:

Metal
Concentration
mg/kg dry weight

Arsenic (As)
41

Cadmium (Cd)
39

Copper (Cu)
1500

Lead (Pb)
300

Mercury (Hg)
17

Nickel (Ni)
420

Selenium (Se)
36

Zinc (Zn)
2800

105.5(4) Application for permit renewal must be made on Form 50 (542-1542) and must be received at the department's Des Moines office at least 90 days before the expiration date of the existing permit. The renewal application shall include any proposed changes to the design or operation of the facility, a revised closure plan if necessary, and a confirmation that a revised subsequent comprehensive plan has been approved.

The department shall conduct an inspection of the composting facility following receipt of the application for renewal. Following the inspection, the permit holder shall be notified of all measures needed to bring the composting facility into conformance with the permit and these rules.

A permit shall be renewed when a complete application has been received and all corrective measures have been completed.

If an application for a solid waste composting facility permit renewal is found by the department to be incomplete, the applicant will be notified of that fact and of the specific deficiencies. If the deficiencies in the application have not been corrected within 30 days following the notification, the application may be denied.

567--105.6(455B,455D) Record keeping and reporting requirements for solid waste composting facilities. All solid waste composting facilities shall meet the following requirements, except on-farm composting of dead animals generated on the same farm if operated in conformance with 105.9(455B,455D).

105.6(1) Record keeping. The following records shall be maintained at the facility at all times and shall be submitted to the department upon request:

a. Analytical results described in 105.5(3)"m." These results shall be recorded on a department-approved reporting form.

b. Types and weight of waste accepted at the facility daily and annually, in tons.

c. Weight of compost removed from the facility daily and annually, in tons.

d. How the compost removed from the facility was used and, if possible, the number of tons per use.

e. A copy of the plan, the permit, annual reports, and the current storm water pollution prevention plan.

105.6(2) Reporting. An annual report summarizing the records required in 105.6(1)"a" to "d" shall be submitted to the solid waste section and the waste management assistance division of the department by July 31 of each year. The report shall summarize the records from the fiscal year beginning July 1 of the preceding calendar year and ending June 30 of the current year. The records required in 105.6(1)"b" to "d" shall be condensed into monthly totals and an annual total.

567--105.7(455B,455D) Closure requirements for solid waste composting facilities. All solid waste composting facilities shall meet the following requirements, except on-farm composting of dead animals generated on the same farm if operated in conformance with 105.9(455B,455D). For each composting facility, a closure plan shall be submitted to the department containing a description of the steps necessary to close the facility. A permit shall not be issued unless the closure plan is approved.

105.7(1) An updated closure plan, including a schedule for closure, shall be submitted to the department at least 60 calendar days prior to the proposed termination date for the facility.

105.7(2) Unless an alternative schedule is approved by the department, within 14 calendar days of the facility's ceasing operation, all waste and unfinished and finished compost shall be removed from the site.

567--105.8(455B,455D) Operator certification for solid waste composting facilities. All solid waste composting facilities shall meet the following requirements, except on-farm composting of dead animals generated on the same farm if operated in conformance with 105.9(455B,455D). Solid waste composting facility operators shall be trained, tested, and certified by a department-approved certification program upon adoption of such a program by the department. The person responsible for daily operation of the facility shall be certified.

567--105.9(455B,455D) Specific requirements for on-farm composting of dead animals generated on site. The owner of an animal feeding operation is encouraged to notify the waste management assistance division and the field office of the department serving the composting facility's location before initiating on-farm composting. On-farm composting facility operators are encouraged to be trained, tested, and certified by a department-approved certification program upon adoption of such a program by the department. On-farm composting of dead animals generated on the same farm is exempt from having a permit if the following operating requirements are met.

105.9(1) Dead animals are incorporated into the composting process within 24 hours of death and covered with sufficient animal manure, animal bedding, crop residues and clean wood waste free of coatings and preservatives necessary as bulking agent to prevent access by domestic or wild animals.

105.9(2) Composting is done in a manner that prevents formation and release of runoff and leachate and controls odors, flies, rodents and other vermin.

105.9(3) Dead animals are not removed from composting until all flesh, internal organs, and other soft tissue are fully decomposed.

105.9(4) Storage of finished compost shall be limited to 18 months and shall be applied to cropland or pastureland at rates consistent with the nitrogen use levels necessary to obtain optimum crop yields and shall be applied in a manner as to prevent runoff to surface waters of the state. Application of compost to other lands shall require prior approval by the department.

105.9(5) Composting must be done on an all-weather surface of compacted soil, compacted granular aggregates, asphalt, concrete or similar relatively impermeable material that will permit accessibility during periods of inclement weather and prevent contamination of surface and groundwater.

If composting is done in a permanent structure, composter construction shall utilize weather- and rot-resistant materials capable of supporting composting operations without damage. Although not mandatory, a roof over the composting facility is recommended to prevent excess moisture accumulation that can lead to production of undesirable odors andleachate.

105.9(6) Composting must be done outside of wetlands or the 100-year flood plain and at least 100 feet from private wells, 200 feet from public wells, 50 feet from property lines, 500 feet from inhabited residences, and 100 feet from flowing or intermittent streams, lakes, or ponds.

These rules are intended to implement Iowa Code sections 455B.304 and 455D.9.

[Filed 5/28/99, effective 7/21/99]

[Published 6/16/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/16/99.

ARC 9109A

ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA[351]

Adopted and Filed

Pursuant to the authority of Iowa Code section 68B.32A, the Iowa Ethics and Campaign Disclosure Board hereby adopts Chapter 14, "Agency Procedure for Rule Making," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8812A. No public comments were received on this amendment. The adopted amendment is identical to the one published under Notice.

The Seventy-seventh General Assembly passed amendments to the Iowa Administrative Procedure Act in 1998 Iowa Acts, chapter 1202. The Attorney General's Office drafted amendments to the Uniform Rules on Agency Procedure to implement the amendments to the Iowa Administrative Procedure Act. The Board hereby adopts the Uniform Rules on Agency Procedure relating to agency procedure for rule making with some changes specific to the Board.

The Board believes the adoption by reference of this new chapter will bring Board rules into compliance with 1998 Iowa Acts, chapter 1202, that becomes effective July 1, 1999.

The adoption by reference was approved during the May 13, 1999, meeting of the Iowa Ethics and Campaign Disclosure Board.

The amendment will become effective July 21, 1999.

The amendment is intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapter 68B.

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 14] is being omitted. These rules are identical to those published under Notice as ARC 8812A, IAB 3/24/99.

[Filed 5/28/99, effective 7/21/99]
[Published 6/16/99]

[For replacement pages for IAC, see IAC Supplement 6/16/99.]

ARC 9089A

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 514I.5(8), the Department of Human Services hereby amends Chapter 86, "Healthy and Well Kids in Iowa (HAWK-I) Program," appearing in the Iowa Administrative Code.

These amendments revise policy governing eligibility for the HAWK-I Program.

A child must be uninsured to qualify for the HAWK-I Program. A child who has been enrolled in an employer-sponsored health plan in the six months prior to the month of application but who is no longer enrolled in an employer-sponsored health plan is not eligible to participate in the HAWK-I Program for six months from the last date of coverage unless the coverage ended for one of the reasons established by legislation at Iowa Code section 514I.5(8)"m" and incorporated in rules governing the program.

One of those exceptions provides that the six-month waiting period will not be imposed if dependent coverage was terminated due to an extreme economic hardship on the part of either the employee or the employer. These amendments add a definition of extreme economic hardship on the part of the employee.

Section 4901 of the Social Security Act establishing this program provides that the total annual aggregate cost sharing with respect to all targeted low-income children in the family may not exceed 5 percent of the family's gross income for the year involved. Based on this established criterion, "extreme economic hardship" is being defined to mean that the employee's share of the premium for providing employer-sponsored dependent coverage exceeded 5 percent of the family's gross income.

These amendments also update Iowa Code references.

These amendments were previously Adopted and Filed Emergency and published in the April 7, 1999, Iowa Administrative Bulletin as ARC 8916A. Notice of Intended Action to solicit comments on that submission was published in the April 7, 1999, Iowa Administrative Bulletin as ARC 8906A.

These amendments are identical to those published under Notice of Intended Action.

The HAWK-I Board adopted these amendments May 17, 1999.

These amendments are intended to implement Iowa Code section 514I.5(8)"m."

These amendments shall become effective August 1, 1999, at which time the Adopted and Filed Emergency amendments are hereby rescinded.

The following amendments are adopted.

ITEM 1. Amend 441--Chapter 86 by changing the parenthetical implementation statute "77GA,ch1196" to "514I" wherever it appears.

ITEM 2. Amend subrule 86.2(4), paragraph "a," subparagraph (9), as follows:

(9) Dependent coverage was terminated due to an extreme economic hardship on the part of either the employee or the employer.

Extreme economic hardship for employees shall mean that the employee's share of the premium for providingemployer-sponsored dependent coverage exceeded 5 percent of the family's gross annual income.

ITEM 3. Amend the implementation clause following 441--Chapter 86 as follows:

These rules are intended to implement ~~1998 Iowa Acts, chapter 1196~~ Iowa Code chapter 514I.

[Filed 5/21/99, effective 8/1/99]

[Published 6/16/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/16/99.

ARC 9100A

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

Pursuant to the authority of Iowa Code section 158.15, the Board of Barber Examiners hereby adopts amendments to Chapter 20, "Barber Examiners," and rescinds Chapter 23, "Agency Procedure for Rule Making," Chapter 24, "Petitions for Rule Making," Chapter 25, "Declaratory Rulings," and Chapter 26, "Child Support Noncompliance," Iowa Administrative Code.

The amendments rescind chapters and rules that duplicate those adopted by the Professional Licensure Division to cover all examining boards in the Division. Rule 645-- 20.212(272C) is rescinded and a new rule is adopted.

Notice of Intended Action was published in the Iowa Administrative Bulletin on April 7, 1999, as ARC 8891A. A public hearing was held on April 28, 1999. No written or verbal comments were received on these amendments.

The amendments are unchanged from the Notice of Intended Action.

The amendments were adopted by the Board of Barber Examiners on May 21, 1999.

These amendments will become effective July 21, 1999.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapters 158 and 272C.

The following amendments are adopted.

ITEM 1. Rescind and reserve rules 645--20.201(272C) to 645--20.211(272C).

ITEM 2. Rescind 645--20.212(272C) and adopt the following new rule in lieu thereof:

645--20.212(272C) Grounds for discipline. The board may impose any of the disciplinary sanctions set forth in rule 645--13.1(272C), including civil penalties in an amount not to exceed $1000, when the board determines that a licensee is guilty of any of the following acts or offenses:

1. Fraud in procuring a license.

2. Professional incompetency.

3. Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of a profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.

4. Habitual intoxication or addiction to the use of drugs.

5. Conviction of a felony related to the profession or occupation of the licensee or the conviction of any felony that would affect the licensee's ability to practice within a profession. A copy of the record of conviction or plea of guilty shall be conclusive evidence.

6. Fraud in representations as to skill or ability.

7. Use of untruthful or improbable statements in advertisements.

8. Willful or repeated violations of the provisions of Iowa Code chapter 147.

9. Mental or physical inability reasonably related to and adversely affecting the licensee's ability to practice in a safe and competent manner.

10. Involuntary commitment for treatment of mental illness, drug addiction or alcoholism.

11. Practicing the profession while the license is suspended.

12. Suspension or revocation of license by another state.

13. Negligence by the licensee in the practice of the profession, which is a failure to exercise due care including negligent delegation to or supervision of employees or other individuals, whether or not injury results; or any conduct, practice or conditions which impair the ability to safely and skillfully practice the profession.

14. Permitting an unlicensed employee or person under the licensee's control to perform activities requiring a license.

15. Practice outside the scope of a license.

16. Obtaining, possessing, or attempting to obtain or possess a controlled substance without lawful authority; or selling, prescribing, giving away, or administering controlled substances.

17. Verbally or physically abusing clients.

18. False or misleading advertising.

19. Betrayal of a professional confidence.

20. Falsifying clients' records.

21. Failure to report a change of name or address within 30 days after it occurs.

22. Submission of a false report of continuing education or failure to submit the annual report of continuing education.

23. Failure to notify the board within 30 days after occurrence of any judgment or settlement of a malpractice claim or action.

24. Failure to comply with a subpoena issued by the board.

25. Failure to report to the board as provided in rule 645--20.212(272C) any violation by another licensee of the reasons for disciplinary action as listed in this rule.

This rule is intended to implement Iowa Code chapters 17A and 272C.

ITEM 3. Rescind and reserve rules 645--20.213(272C) and 645--20.300(28A).

ITEM 4. Rescind and reserve 645--Chapter 23, "Agency Procedure for Rule Making," 645--Chapter 24, "Petitions for Rule Making," 645--Chapter 25, "Declaratory Rulings," 645--Chapter 26, "Child Support Noncompliance," 645--Chapter 27, "Impaired Practitioner Review Committee," and 645--Chapter 29, "Public Rec-ords and Fair Information Practices."

[Filed 5/28/99, effective 7/21/99]

[Published 6/16/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/16/99.

ARC 9105A

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

Pursuant to the authority of Iowa Code section 147.76, the Board of Behavioral Science Examiners hereby amends Chapter 31, "Continuing Education and Disciplinary Proc-ess," and rescinds Chapter 32, "Contested Cases, "Chapter 33, "Child Support Noncompliance," Chapter 34, "Impaired Practitioner Review Committee," Chapter 36, "Petitions For Rule Making," Chapter 37, "Declaratory Rulings," Chapter 38, "Agency Procedure for Rule Making," and Chapter 39, "Public Records and Fair Information Practices," Iowa Administrative Code.

The amendments rescind chapters and rules that duplicate those adopted by the Professional Licensure Division to cover all examining boards in the Division.

Notice of Intended Action was published in the Iowa Administrative Bulletin on April 7, 1999, as ARC 8890A. A public hearing was held on April 28, 1999, from 9 to 11 a.m. in the Professional Licensure Conference Room, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. No public comment was received. The adopted amendments are unchanged from those published under Notice of Intended Action.

The amendments were adopted by the Board of Behavioral Science Examiners on May 21, 1999.

These amendments will become effective on July 21, 1999.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code section 147.76 and chapter 272C.

The following amendments are adopted.

ITEM 1. Rescind and reserve rules 645--31.7(147, 154D,272C) and 645--31.11(147,154D,272C) to 645-- 31.20(147,154D,272C).

ITEM 2. Rescind and reserve 645--Chapter 32, "Contested Cases," 645--Chapter 33, "Child Support Noncompliance," 645--Chapter 34, "Impaired Practitioner Review Committee," 645--Chapter 36, "Petitions for Rule Making," 645--Chapter 37, "Declaratory Rulings," 645--Chapter 38, "Agency Procedure for Rule Making," and 645--Chapter 39, "Public Records and Fair Information Practices."

[Filed 5/28/99, effective 7/21/99]

[Published 6/16/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/16/99.

ARC 9128A

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

Pursuant to the authority of Iowa Code section 151.11, the Board of Chiropractic Examiners hereby amends Chapter 40, "Chiropractic Examiners," and rescinds Chapter 41, "Child Support Noncompliance," Chapter 42, "Impaired Practitioner Review Committee," and Chapter 49, "Public Records and Fair Information Practices," Iowa Administrative Code.

The amendments rescind the rules and chapters that are duplications of those adopted by the Professional Licensure Division to cover all examining boards in the Division.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8833A. A public hearing was held 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. There were no comments received at the public hearing, and no written comments were received prior to the hearing. These amendments are unchanged from the Notice of Intended Action.

These amendments were adopted by the Board of Chiropractic Examiners on May 26, 1999.

These amendments will become effective July 21, 1999.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapters 151 and 272C.

The following amendments are adopted.

ITEM 1. Rescind and reserve rules 645--40.21(151, 272C) to 645--40.23(272C) and 645--40.25(272C) to 645--40.35(272C).

ITEM 2. Amend rule 645--40.24(272C), introductory paragraph, as follows:

645--40.24(272C) Grounds for discipline. The board may impose any of the disciplinary sanctions set forth in rule ~~40.22~~ 645--13.1(151,272C), including civil penalties in an amount not to exceed $1000, when the board determines that the licensee is guilty of any of the following acts or offenses:

ITEM 3. Rescind and reserve rule 645--40.47(147,151, 17A,272C).

ITEM 4. Rescind and reserve Chapter 41, "Child Support Noncompliance," Chapter 42, "Impaired Practitioner Review Committee," and Chapter 49, "Public Records and Fair Information Practices."

[Filed 5/28/99, effective 7/21/99]

[Published 6/16/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/16/99.

ARC 9129A

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

Pursuant to the authority of Iowa Code section 157.14, the Board of Cosmetology Arts and Sciences Examiners hereby amends Chapter 60, "Licensure of Cosmetologists, Electrologists, Estheticians, Manicurists, Nail Technologists, and Instructors of Cosmetology Arts and Sciences," Iowa Administrative Code.

These amendments eliminate the practical examination requirement for licensure.

Notice of Intended Action was published in the Iowa Administrative Bulletin on January 27, 1999, as ARC 8629A. An amended Notice of Intended Action was published on March 10, 1999, as ARC 8754A. A public hearing was held on April 1, 1999, from 9 to 11 a.m. on the ICN. Comments were received and considered by the Board. Any interested person may request a summary of the comments from Sharon Cook, Professional Licensure, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319. The following revisions were made to the Notice after Board discussion:

In paragraphs 60.3(2)"c," 60.4(4)"a," 60.13(1)"a" and subrule 60.3(4), the word "written" was added.

These amendments are intended to implement Iowa Code section 157.3.

These amendments were adopted by the Board of Cosmetology Arts and Sciences on May 18, 1999.

These amendments will become effective on July 21, 1999.

The following amendments are adopted.

ITEM 1. Amend subrule 60.2(4) as follows:

60.2(4) The cosmetology board examination shall consist of a ~~practical,~~ written theory, and written Iowa law examination. A score of 75 percent or greater on each section of the above-listed examinations shall be a passing score. ~~The theory and Iowa law examinations will be formulated and provided by the National Interstate Council of State Boards of Cosmetology, Inc. (NIC) and administered by the board or its designee.~~

ITEM 2. Amend subrule 60.3(1), paragraph "b," as follows:

b. Conditional reciprocal agreements. The board may enter into conditional reciprocal agreements with another state which conducts examinations. Every person licensed in that state, when applying for a license to practice in this state, shall successfully complete the Iowa law examination and shall ~~comply with one or both of the following:~~

~~(1) Furnish~~ furnish satisfactory proof to the department that the applicant has been licensed and actively engaged in the practice of any of the professions under the jurisdiction of the board for the period 12 months just prior to application.

~~(2) Pass a practical examination in the practice of any of the professions under the jurisdiction of the board.~~

ITEM 3. Amend subrule 60.3(2), paragraph "c," as follows:

c. If the applicant completes the requirements of 60.3(2)"a" and "b," the applicant shall be allowed to take the ~~practical,~~ written theory and Iowa law examinations given by the board.

ITEM 4. Amend subrule 60.3(4) as follows:

60.3(4) Upon request, persons who are licensed in other states and countries who are determined to be eligible to take the ~~practical,~~ written theory and Iowa law examinations shall be issued a temporary permit as set forth in subrule 60.11(1).

ITEM 5. Amend subrule 60.4(4), paragraph "a," as follows:

a. An applicant who has failed ~~any~~ one of the ~~three~~ examinations, ~~i.e.,~~ written theory~~, practical~~ or Iowa law, must be reexamined. The applicant receiving a failing grade in any one of these examinations shall be reexamined in the section of the examination where the failure occurred ~~at a regularly scheduled state board examination~~ and obtain a passing grade of 75 percent or greater on each section of the examination. ~~Applicants failing the Iowa law section may, at the board's discretion,~~ Applicants receiving a failing grade in any one of these examinations may not be reexamined at a time and location determined by the board.

ITEM 6. Amend subrule 60.4(4), paragraph "c," as follows:

c. An applicant who fails one section and does not pass that section within two years must be reexamined in all ~~three~~ sections.

ITEM 7. Amend subrule 60.13(1), paragraph "a," as follows:

a. For a lapsed cosmetology arts and sciences license, pay past due renewal and penalty fees in addition to completion of all past due continuing education to a maximum of four years. If lapsed four years or more, the person shall complete a refresher course approved by the board and retake the ~~practical~~ written theory and Iowa law portions of the state board examination.

EXCEPTION: A person applying for reinstatement of a license which has lapsed for four years or more who can show proof of current licensure in another state and active practice for 12 out of 24 months preceding submission of the application for reinstatement will not be required to take the brush-up course, or continuing education hours ~~and practical portion of the examination~~; however, ~~they~~ the person will be required to successfully complete the Iowa law examination. Proof of current licensure would be shown by a certification of licensure with a raised state seal from the state in which the applicant is licensed. Proof of active practice would be shown by notarized statements from previous employers.

[Filed 5/28/99, effective 7/21/99]

[Published 6/16/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/16/99.

ARC 9103A

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

Pursuant to the authority of Iowa Code section 157.14, the Board of Cosmetology Arts and Sciences Examiners hereby amends Chapter 65, "Disciplinary Procedures for Cosmetology Arts and Sciences Licensees," and rescinds Chapter 66, "Agency Procedure for Rule Making," Chapter 67, "Petitions for Rule Making," Chapter 68, "Declaratory Rulings," Chapter 69, "Public Records and Fair Information Practices," Chapter 70, "Child Support Noncompliance," and Chapter 71, "Impaired Practitioner Review Committee," Iowa Administrative Code.

The amendments rescind chapters and rules that duplicate those adopted by the Professional Licensure Division to cover all examining boards in the Division.

Notice of Intended Action was published in the Iowa Administrative Bulletin on April 7, 1999, as ARC 8889A. A public hearing was held on April 28,1999, from 9 to 11 a.m. in the Professional Licensure Conference Room, Lucas State Office Building. No comments were received. The adopted amendments are unchanged from those published under Notice of Intended Action.

These amendments were adopted by the Board of Cosmetology Arts and Sciences Examiners on May 18, 1999.

These amendments will become effective on July 21, 1999.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code section 157.14 and chapter 272C.

The following amendments are adopted.

ITEM 1. Rescind and reserve rules 645--65.1(272C) to 645--65.11(272C).

ITEM 2. Rescind and reserve rules 645--65.13(272C) and 645--65.101(272C).

ITEM 3. Rescind and reserve 645--Chapter 66, "Agency Procedure for Rule Making," 645--Chapter 67, "Petitions for Rule Making," 645--Chapter 68, "Declaratory Rulings," 645--Chapter 69, "Public Records and Fair Information Practices," 645--Chapter 70, "Child Support Noncompliance," and 645--Chapter 71, "Impaired Practitioner Review Committee."

[Filed 5/28/99, effective 7/21/99]

[Published 6/16/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/16/99.

ARC 9099A

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

Pursuant to the authority of Iowa Code section 147.76, the Board of Optometry Examiners hereby amends Chapter 180, "Board of Optometry Examiners," and rescinds Chapter 186, "Agency Procedure for Rule Making," Chapter 187, "Declaratory Rulings," Chapter 188, "Petitions for Rule Making," Chapter 189, "Public Records and Fair Information Practices," Chapter 190, "Child Support Noncompliance," and Chapter 191, "Impaired Practitioner Review Committee," Iowa Administrative Code.

The amendments rescind chapters that duplicate those adopted by the Professional Licensure Division to cover all examining boards in the Division.

Notice of Intended Action was published in the Iowa Administrative Bulletin on April 7, 1999, as ARC 8883A. A public hearing was held on April 28, 1999, from 9 to 11 a.m. in the Professional Licensure Conference Room, Lucas State Office Building. No comments were received. The adopted amendments are unchanged from those published under Notice of Intended Action.

These amendments were adopted by the Board of Optometry Examiners on May 12, 1999.

These amendments will become effective on July 21, 1999.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapters 147, 180 and 272C.

The following amendments are adopted.

ITEM 1. Rescind and reserve rules 645-- 180.101(272C) to 645--180.114(272C).

ITEM 2. Rescind and reserve rules 645-- 180.116(272C) to 645--180.122(272C) and 645-- 180.300(21).

ITEM 3. Rescind and reserve 645--Chapter 186, "Agency Procedure for Rule Making," 645--Chapter 187, "Declaratory Rulings," 645--Chapter 188, "Petitions for Rule Making," 645--Chapter 189, "Public Records and Fair Information Practices," 645--Chapter 190, "Child Support Noncompliance," and 645--Chapter 191, "Impaired Practitioner Review Committee."

[Filed 5/28/99, effective 7/21/99]

[Published 6/16/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/16/99.

ARC 9106A

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

Pursuant to the authority of Iowa Code section 147.76, the Board of Podiatry Examiners hereby amends Chapter 220, "Podiatry Examiners," and Chapter 221, "Minimum Training Standards for Podiatry Assistants Engaging in Podiatric Radiography," Iowa Administrative Code.

These amendments change the continuing education compliance period to coincide with the license renewal period, clarify peer review committees, and add a fee for returned checks.

Notice of Intended Action was published in the Iowa Administrative Bulletin on February 24, 1999, as ARC 8705A. A public hearing was held on March 16, 1999, from 9 to11 a.m. in the Professional Licensure Conference Room, Department of Public Health, Fifth Floor, Lucas StateOffice Building, Des Moines, Iowa 50319-0075. No oral comments were received at the hearing and no written comments were filed.

There is a change from the Notice. Due to an oversight, rule 645--220.100(272C) was not published in the Notice and is being added as Item 3. Items 3 through 7 in the Notice are being renumbered as Items 4 through 8.

These amendments will become effective on July 21, 1999.

The proposed amendments are intended to implement Iowa Code section 147.76 and chapters 149 and 272C.

The following amendments are adopted.

ITEM 1. Amend rule 645--220.3(147) by adopting a new subrule as follows:

220.3(10) Fee for a returned check is $15.

ITEM 2. Rescind rule 645--220.7(272C) and adopt the following new rule in lieu thereof:

645--220.7(272C) License renewal.

220.7(1) The biennial renewal period for a license to practice as a podiatrist shall extend from July 1 of each even-numbered year until June 30 of the next even-numbered year. Beginning July 1, 2000, the continuing education compliance period shall extend from July 1 of each even-numbered year until June 30 of the next even-numbered year.

An application and a continuing education report form for renewal of license to practice as a podiatrist shall be mailed to the licensee at least 60 days prior to the expiration of the license. Failure to receive the renewal application shall not relieve the license holder of the obligation to pay biennial renewal fees on or before the renewal date.

220.7(2) Beginning July 1, 2000, the continuing education compliance period will coincide with the renewal compliance period. The licensee shall submit to the board office 30 days before licensure expiration the application and continuing education report form with the renewal fee as specified in rule 220.3(147). Individuals who were issued their initial license within six months of license renewal will not be required to renew their license until the next renewal two years later. The new licensee shall be exempt from meeting the continuing education requirement for the continuing education biennium in which the licensee is originally licensed. Podiatrists will be required to report 40 hours of continuing education for the first renewal and every renewal thereafter.

220.7(3) Late renewal. If the renewal fee is received by the board within 30 days after the renewal expiration date, a penalty fee is charged. If the renewal fee is received more than 30 days after the renewal expiration date, the license is lapsed. An application for reinstatement must be filed with the board with the reinstatement fee, the renewal fee and the penalty fee as outlined in rule 220.3(147). Individuals who fail to submit the renewal application and complete documentation of continuing education hours shall be required to pay a penalty fee and shall be subject to an audit of their continuing education report.

220.7(4) Podiatrists who have not fulfilled the requirements for license renewal or an exemption in the required time frame will have a lapsed license and shall not engage in the practice of podiatry.

ITEM 3. Amend rule 645--220.100 as follows:

645--220.100(272C) Definitions. For the purpose of these rules, the following definitions shall apply:

"Accredited sponsor" means a person or an organization sponsoring continuing education activities which has been approved by the board as a sponsor pursuant to these rules. During the time an organization, educational institution, or person is an accredited sponsor, all continuing education activities of such person or organization may be deemed automatically approved.

"Approved program or activity" means a continuing education program activity meeting the standards set forth in these rules ~~which has received advance approval by the board pursuant to these rules~~.

"Board" means the board of podiatry examiners.

"Hour" of continuing education means a clock-hour spent ~~after December 31, 1978,~~ by a licensee in actual attendance at and completion of an approved continuing education activity.

"License" means a license to practice podiatry.

"Licensee" means any person licensed to practice podiatry in the state of Iowa.

ITEM 4. Rescind rule 645--220.101(272C) and adopt the following new rule in lieu thereof:

645--220.101(272C) Continuing education requirements.

220.101(1) It is the responsibility of each licensee to arrange for financing of costs of continuing education.

220.101(2) Each person licensed to practice podiatry in this state shall complete during each continuing education compliance period a minimum of 40 hours of continuing education obtained by attending and participating in a continuing education activity which meets the requirements herein.

220.101(3) The continuing education compliance period shall be each biennium beginning July 1 of each even-numbered year and ending two years later on June 30 of the next even-numbered year. For the 2000 renewal cycle only, 50 hours of continuing education will be due by July 1, 2000. Continuing education hours will return to 40 hours each biennium at the end of this prorated compliance period.

220.101(4) Carryover credit of continuing education hours into the next continuing education compliance period is not permitted.

220.101(5) When an initial license is issued via examination, the new licensee shall be exempt from meeting the continuing education requirement for the continuing education biennium in which the license is originally issued.

220.101(6) A report of continuing education activities shall be submitted on a board-approved form with the renewal application by the end of the biennial license renewal period. All continuing education activities submitted must be completed in the continuing education compliance period for which the license was issued or a penalty fee will be assessed as outlined in 220.3(8).

220.101(7) Licensees are responsible for keeping on file required documents that can support the continuing education attendance and participation reports submitted to the board for license renewal. These documents shall include a program brochure which includes the statement of purpose, course objectives, qualifications of speakers, program outline with a time frame designation and a certification of attendance. Programs or other educational activities that do not meet board standards will be disallowed. The licensee is required to make available to the board upon request documents to support the continuing education activities for auditing purposes. The licensee should maintain these records for four years.

ITEM 5. Rescind rule 645--220.213(272C) and adopt the following new rule in lieu thereof:

645--220.213(272C) Peer review committees.

220.213(1) A complaint may be assigned to a peer review committee for review, investigation, and report to the board.

220.213(2) The board shall determine which peer review committee will review a case and what complaints or other matters shall be referred to a peer review committee for investigation, review and report to the board.

220.213(3) Members of the peer review committees shall not be liable for acts, omissions, or decisions made in connection with service on the peer review committee. However, such immunity from civil liability shall not apply if such act is done with malice.

220.213(4) The peer review committees shall observe the requirements of confidentiality imposed by Iowa Code section 272C.6.

ITEM 6. Amend subrule 221.6(2) as follows:

221.6(2) A podiatry assistant who takes the examination for issuance of a renewal as defined in subrule ~~221.8(6)~~ 221.9(6) of a certificate is allowed to take the examination not more than two times. The board may require the podiatry assistant to take remedial training prior to being allowed to retake the examination. Podiatry assistants in this category may not participate in podiatric radiography before successful completion of the examination and issuance of a certificate or issuance of a renewal of an existing certificate.

ITEM 7. Rescind rule 645--221.9(136C,147,149) and adopt the following new rule in lieu thereof:

645--221.9(136C,147,149) Renewal requirements.

221.9(1) The biennial renewal period for a certificate to practice as a podiatry assistant shall extend from July 1 of each even-numbered year until June 30 of the next even-numbered year. Beginning July 1, 2000, the continuing education compliance period shall extend from July 1 of each even-numbered year until June 30 of the next even-numbered year.

An application and a continuing education report form for renewal of certificate to practice as a podiatry assistant shall be mailed to the licensee at least 60 days prior to the expiration of the certificate. Failure to receive the renewal application shall not relieve the certificate holder of the obligation to pay biennial renewal fees on or before the renewal date.

221.9(2) Beginning July 1, 2000, the continuing education compliance period will coincide with the renewal compliance period. The certificate holder shall submit to the board office 30 days before certificate expiration the application and continuing education report form with the renewal fee as specified in rule 221.10(136C). Individuals who were issued their initial certificate within six months of certificate renewal will not be required to renew their certificate until the next renewal two years later. The new certificate holder shall be exempt from meeting the continuing education requirement for the continuing education biennium in which the initial certificate is originally issued. Podiatry assistants will be required to report two hours of continuing education for the first renewal and every renewal thereafter.

Continuing education requirements can be satisfied by attending courses in diagnostic radiography conducted by teaching institutions approved by the bureau of environmental health or given by the American Podiatric Medical Association (APMA) or the Iowa Podiatric Medical Society (IPMS). Proof of attendance at such courses of study shall be retained for four years by the podiatry assistant and submitted to the board as further proof of compliance at the request of the board.

221.9(3) Late renewal. If the renewal fee is received by the board within 30 days after the renewal expiration date, a penalty fee is charged. If the renewal fee is received more than 30 days after the renewal expiration date, the certificate is lapsed. An application for reinstatement must be filed with the board with the renewal fee and the penalty fee as outlined in rule 221.10(136C). Individuals who fail to submit the renewal application and complete documentation of continuing education hours shall be required to pay a penalty fee and shall be subject to an audit of their continuing education report.

221.9(4) Podiatry assistants who have not fulfilled the requirements for certificate renewal or an exemption in the required time frame will have a lapsed certificate and shall not engage in the practice of podiatric radiography. The holder of a certificate who fails to renew within five years after its expiration may obtain a renewal certificate only by following the procedures for application and testing provided in these rules.

221.9(5) The board may require recertification, qualification and clinical evaluation of a podiatry assistant holding a certificate in podiatric radiography if the board, in its discretion, believes such action is necessary for the protection of the public.

ITEM 8. Amend rule 645--221.10(136C) by adopting a new subrule as follows:

221.10(5) Fee for a returned check is $15.

[Filed 5/28/99, effective 7/21/99]

[Published 6/16/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/16/99.

ARC 9102A

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

Pursuant to the authority of Iowa Code section 147.76, the Board of Social Work Examiners hereby amends Chapter 280, "Board of Social Work Examiners," and rescinds Chapter 281, "Agency Procedure for Rule Making," Chapter 282, "Petitions for Rule Making," Chapter 283, "Declaratory Rulings," Chapter 284, "Child Support Noncompliance," Chapter 285, "Impaired Practitioner Review Committee," and Chapter 289, "Public Records and Fair Information Practices," Iowa Administrative Code.

These amendments clarify by definition the meaning of the term "private practice" as it relates to the practice of social work, change the continuing education reporting period to coincide with the renewal period, further specifyprovider-approved programs, and ensure that social workers are accountable for receiving proper supervision in their practice and profession. These amendments also rescind rules and chapters that are duplications of those adopted by the Division for all boards in professional licensure.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8832A. A public hearing was held on April 14, 1999. No written or oral comments were received on these amendments.

The amendments are unchanged from the Notice of Intended Action.

These amendments were adopted by the Board of Social Work Examiners on May 24, 1999.

These amendments will become effective on July 21, 1999.

The following amendments are adopted.

ITEM 1. Amend rule 645--280.1(154C) by adding the following definition.

"Private practice" means social work practice conducted only by an LISW who is either self-employed or a member of a partnership or of a group practice providing diagnosis and treatment of mental and emotional disorders or conditions. In this context, "group practice" means an association of professionals in which an LISW is independently engaged in the practice of social work and has ongoing control of the clinical, financial, administrative, and professional arrangements between the LISW and the clients/patients of the LISW.

ITEM 2. Amend subrule 280.100(1) as follows:

280.100(1) The biennial continuing education compliance period shall extend from ~~July 1~~ January 1 of each ~~even~~ odd-numbered year to ~~June 30~~ December 31 of ~~the next~~ each even-numbered year. During this period of time 27 hours of approved continuing education shall be obtained by the licensee in order to renew the license for ~~the next~~ each biennial license period beginning January 1 of ~~the next~~ each odd-numbered year. Three hours of the 27 must be specifically in ethics. (To implement this rule change, the continuing education period for the December 31, 2000, renewal will run from July 1, 1998, to December 31, 2000).

ITEM 3. Amend subrule 280.101(2) as follows:

280.101(2) A continuing education activity shall be qualified for approval if the provider-approved program meets the content areas set out by the board in subrule 280.102(1) or any continuing education activity offered by AASSWB Approved Continuing Education (ACE) Program.

ITEM 4. Amend subrule 280.105(2) as follows:

280.105(2) By ~~July 20~~ December 31 of each even-numbered year, each licensee will be required to submit a licensee's report of continuing education to the board on a form provided by the board. Report of Continuing Education forms will be mailed to each licensee with the renewal notice as outlined in 280.6(2). The board will select licensees whose continuing education reports will be audited by the board. Each licensee to be audited will be required to provide copies of certificates of attendance for all reported activities. Additional documentation may be required.

ITEM 5. Rescind and reserve 645--280.200(154C) to 645--280.211(272C).

ITEM 6. Amend rule 645--280.212(272C), introductory paragraph, as follows:

645--280.212(272C) Grounds for discipline. The board may impose any of the disciplinary sanctions provided in rule ~~645--280.211(272C)~~ 645--13.1(272C), including civil penalties in an amount not to exceed $1000, when the board determines that the licensee is guilty of any of the following acts or offenses:

ITEM 7. Amend subrule 280.213(6) by relettering paragraphs "a" to "d" as "b" to "e" and adding the following new paragraph "a":

a. Practice without receiving supervision as needed, given the licensee's level of practice, experience, and need.

ITEM 8. Rescind and reserve Chapter 281, "Agency Procedure for Rule Making," Chapter 282, "Petitions For Rule Making," Chapter 283, "Declaratory Rulings," Chapter 284, "Child Support Noncompliance," Chapter 285, "Impaired Practitioner Review Committee," and Chapter 289, "Public Records and Fair Information Practices."

[Filed 5/28/99, effective 7/21/99]

[Published 6/16/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/16/99.

ARC 9107A

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

Pursuant to the authority of Iowa Code section 147.76, the Board of Speech Pathology and Audiology Examiners rescinds Chapter 300, "Board of Speech Pathology and Audiology Examiners," adopts Chapter 300 with the same title, and amends Chapter 301, "Speech Pathology and Audiology Continuing Education and Disciplinary Procedures," Iowa Administrative Code.

These amendments change the license continuing education compliance period, clarify the requirements for the different types of licensure, eliminate the need for accredited sponsors to report to the Board a list of attendees within 30 days after the completion of each continuing education activity, and establish a fee for a returned check.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 10, 1999, as ARC 8752A. A public hearing was held on March 30, 1999, from 9 to 11 a.m. in the Fifth Floor South Conference Room 2, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075. No public comment was received. The adopted amendments are unchanged from those published under Notice of Intended Action.

The amendments were adopted by the Board of Speech Pathology and Audiology Examiners on May 14, 1999.

These amendments will become effective July 21, 1999.

These amendments are intended to implement Iowa Code chapters 147 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 amendments [Chs 300, 301] is being omitted. These amendments are identical to those published under Notice as ARC 8752A, IAB 3/10/99.

[Filed 5/28/99, effective 7/21/99]
[Published 6/16/99]

[For replacement pages for IAC, see IAC Supplement 6/16/99.]

ARC 9101A

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

Pursuant to the authority of Iowa Code section 147.76, the Board of Physician Assistant Examiners hereby adopts amendments to Chapter 325, "Physician Assistants," and rescinds Chapter 326, "Child Support Noncompliance," and Chapter 327, "Impaired Practitioner Review Committee," Iowa Administrative Code.

The amendments rescind chapters that duplicate those adopted by the Professional Licensure Division to cover all examining boards in the Division.

Notice of Intended Action was published in the Iowa Administrative Bulletin on April 7, 1999, as ARC 8882A. A public hearing was held on April 28, 1999. No written or verbal comments were received on these amendments.

These amendments are unchanged from the Notice of Intended Action.

The amendments were adopted by the Board of Physician Assistant Examiners on May 19, 1999.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapters 147, 148C and 272C.

These amendments will become effective on July 21, 1999.

The following amendments are adopted.

ITEM 1. Amend rule 645--325.11(148C,272C), catchwords, as follows:

645--325.11(148C,272C) ~~Discipline--denial, suspension, revocation.~~ Grounds for discipline.

ITEM 2. Rescind and reserve subrules 325.11(1) and 325.11(2).

ITEM 3. Amend subrule 325.11(3), introductory paragraph, as follows:

325.11(3) Grounds for disciplinary action. The board may impose any of the discipline set forth ~~above~~ in rule 645--13.1(272C) when the board determines the licensee is guilty of the following:

ITEM 4. Rescind and reserve rules 645--325.12(272C) to 645--325.14(148C).

ITEM 5. Rescind and reserve 645--Chapter 326, "Child Support Noncompliance," and 645--Chapter 327, "Impaired Practitioner Review Committee."

[Filed 5/28/99, effective 7/21/99]

[Published 6/16/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 6/16/99.

ARC 9091A

RACING AND GAMING COMMISSION[491]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 17A.3 and 99D.7, the Racing and Gaming Commission hereby rescinds Chapter 2, "Rule Making and Declaratory Rulings," and adopts a new Chapter 2, "Rule Making and Declaratory Orders," Iowa Administrative Code.

This amendment rescinds the current rules for rule making and declaratory orders and replaces them to comply with legislative changes to Iowa Code chapter 17A.

These rules were published under Notice of Intended Action in the March 24, 1999, Iowa Administrative Bulletin as ARC 8810A. A public hearing was held on April 13, 1999. No comments were received. In rule 491--2.19(17A), the word "racing" was removed before the word "commission".

These rules will become effective July 21, 1999.

These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapter 99D.

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 2] is being omitted. With the exception of the change noted above, these rules are identical to those published under Notice as ARC 8810A, IAB 3/24/99.

[Filed 5/21/99, effective 7/21/99]
[Published 6/16/99]

[For replacement pages for IAC, see IAC Supplement 6/16/99.]

ARC 9108A

REAL ESTATE COMMISSION[193E]

Adopted and Filed

Pursuant to the authority of Iowa Code section 543B.9, the Real Estate Commission hereby amends Chapter 1, "Business Conduct"; rescinds Chapter 4, "Discipline and Hearing Procedure," and Chapter 7, "Declaratory Rulings"; and adopts a new Chapter 4, "Investigations and Disciplinary Procedures," and a new Chapter 7, "Declaratory Orders," Iowa Administrative Code.

The amendments to Chapter 1 add new subrules to rules 193E--1.23(543B) and 1.42(543B) to clarify that licensees that are not a party to the listing agreement or brokerage agreement are prohibited from interfering with contracts between other licensees and the public.

Chapter 4 is rescinded and new Chapter 4 is adopted which implements changes to the Uniform Rules on Agency Procedure to comply with 1998 Iowa Acts, chapter 1202.

Chapter 7 is rescinded and new Chapter 7 is adopted which implements changes to the Uniform Rules on Agency Procedure as required by the Iowa Administrative Procedure Act as a result of 1998 Iowa Acts, chapter 1202.

Notice of Intended Action was published in the March 24, 1999, Iowa Administrative Bulletin as ARC 8792A.

No written suggestions or comments were received and no one appeared at the public hearing held April 13, 1999, at 9 a.m. in the Professional Licensing Conference Room, Second Floor, Department of Commerce Building, 1918 S. E. Hulsizer, Ankeny, Iowa.

No changes are being made to the Notice of Intended Action.

These amendments will become effective on July 21, 1999.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapters 272C and 544A.

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 [1.23(5), 1.23(6), 1.42(10), 1.42(11), Chs 4, 7] is being omitted. These amendments are identical to those published under Notice as ARC 8792A, IAB 3/24/99.

[Filed 5/28/99, effective 7/21/99]
[Published 6/16/99]

[For replacement pages for IAC, see IAC Supplement 6/16/99.]

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NOTICE SUBMISSION DEADLINE	NOTICE PUB. DATE	HEARING OR COMMENTS 20 DAYS	FIRST POSSIBLE ADOPTION DATE 35 DAYS	ADOPTED FILING DEADLINE	ADOPTED PUB. DATE	FIRST POSSIBLE EFFECTIVE DATE	POSSIBLE EXPIRATION OF NOTICE 180 DAYS
Dec. 25 '98	Jan. 13 '99	Feb. 2 '99	Feb. 17 '99	Feb. 19 '99	Mar. 10 '99	Apr. 14 '99	July 12 '99
Jan. 8	Jan. 27	Feb. 16	Mar. 3	Mar. 5	Mar. 24	Apr. 28	July 26
Jan. 22	Feb. 10	Mar. 2	Mar. 17	Mar. 19	Apr. 7	May 12	Aug. 9
Feb. 5	Feb. 24	Mar. 16	Mar. 31	Apr. 2	Apr. 21	May 26	Aug. 23
Feb. 19	Mar. 10	Mar. 30	Apr. 14	Apr. 16	May 5	June 9	Sept. 6
Mar. 5	Mar. 24	Apr. 13	Apr. 28	Apr. 30	May 19	June 23	Sept. 20
Mar. 19	Apr. 7	Apr. 27	May 12	May 14	June 2	July 7	Oct. 4
Apr. 2	Apr. 21	May 11	May 26	May 28	June 16	July 21	Oct. 18
Apr. 16	May 5	May 25	June 9	June 11	June 30	Aug. 4	Nov. 1
Apr. 30	May 19	June 8	June 23	June 25	July 14	Aug. 18	Nov. 15
May 14	June 2	June 22	July 7	July 9	July 28	Sept. 1	Nov. 29
May 28	June 16	July 6	July 21	July 23	Aug. 11	Sept. 15	Dec. 13
June 11	June 30	July 20	Aug. 4	Aug. 6	Aug. 25	Sept. 29	Dec. 27
June 25	July 14	Aug. 3	Aug. 18	Aug. 20	Sept. 8	Oct. 13	Jan. 10 '00
July 9	July 28	Aug. 17	Sept. 1	Sept. 3	Sept. 22	Oct. 27	Jan. 24 '00
July 23	Aug. 11	Aug. 31	Sept. 15	Sept. 17	Oct. 6	Nov. 10	Feb. 7 '00
Aug. 6	Aug. 25	Sept. 14	Sept. 29	Oct. 1	Oct. 20	Nov. 24	Feb. 21 '00
Aug. 20	Sept. 8	Sept. 28	Oct. 13	Oct. 15	Nov. 3	Dec. 8	Mar. 6 '00
Sept. 3	Sept. 22	Oct. 12	Oct. 27	Oct. 29	Nov. 17	Dec. 22	Mar. 20 '00
Sept. 17	Oct. 6	Oct. 26	Nov. 10	Nov. 12	Dec. 1	Jan. 5 '00	Apr. 3 '00
Oct. 1	Oct. 20	Nov. 9	Nov. 24	Nov. 26	Dec. 15	Jan. 19 '00	Apr. 17 '00
Oct. 15	Nov. 3	Nov. 23	Dec. 8	Dec. 10	Dec. 29	Feb. 2 '00	May 1 '00
Oct. 29	Nov. 17	Dec. 7	Dec. 22	Dec. 24	Jan. 12 '00	Feb. 16 '00	May 15 '00
Nov. 12	Dec. 1	Dec. 21	Jan. 5 '00	Jan. 7 '00	Jan. 26 '00	Mar. 1 '00	May 29 '00
Nov. 26	Dec. 15	Jan. 4 '00	Jan. 19 '00	Jan. 21 '00	Feb. 9 '00	Mar. 15 '00	June 12 '00
Dec. 10	Dec. 29	Jan. 18 '00	Feb. 2 '00	Feb. 4 '00	Feb. 23 '00	Mar. 29 '00	June 26 '00
Dec. 24	Jan. 12 '00	Feb. 1 '00	Feb. 16 '00	Feb. 18 '00	Mar. 8 '00	Apr. 12 '00	July 10 '00
Jan. 7 '00	Jan. 26 '00	Feb. 15 '00	Mar. 1 '00	Mar. 3 '00	Mar. 22 '00	Apr. 26 '00	July 24 '00

PRINTING SCHEDULE FOR IAB
ISSUE NUMBER	SUBMISSION DEADLINE	ISSUE DATE
1	Friday, June 25, 1999	July 14, 1999
2	Friday, July 9, 1999	July 28, 1999
3	Friday, July 23, 1999	August 11, 1999

AGENCY	HEARING LOCATION	DATE AND TIME OF HEARING
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.
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]
Iowa community development block grant program, 23.4(6), 23.6 IAB 6/16/99 ARC 9093A	Northwest Conference Room Second Floor 200 E. Grand Ave. Des Moines, Iowa	July 6, 1999 2 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]
Nursing facilities--beginning date of eligibility, 81.22(2) IAB 6/16/99 ARC 9117A (See also ARC 8936A, IAB 5/5/99)	Conference Room--6th Floor Iowa Bldg., Suite 600 411 Third St. S.E. Cedar Rapids, Iowa	July 7, 1999 10 a.m.
	Lower Level 417 E. Kanesville Blvd. Council Bluffs, Iowa	July 7, 1999 10 a.m.
	Large Conference Room Bicentennial Bldg.--5th Floor 428 Western Davenport, Iowa	July 7, 1999 10 a.m.
HUMAN SERVICES DEPARTMENT[441] (Cont'd)
	Conference Room 104 City View Plaza 1200 University Des Moines, Iowa	July 7, 1999 1 p.m.
	Liberty Room Mohawk Square 22 N. Georgia Ave. Mason City, Iowa	July 7, 1999 11 a.m.
	Conference Rooms 1 and 2 120 E. Main Ottumwa, Iowa	July 7, 1999 10 a.m.
	Fifth Floor 520 Nebraska St. Sioux City, Iowa	July 7, 1999 1:30 p.m.
	Conference Room 213 Pinecrest Office Bldg. 1407 Independence Ave. Waterloo, Iowa	July 7, 1999 10 a.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)	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.
PERSONNEL DEPARTMENT[581]
General, 1.1, 3.1(2), 3.7, 4.5, 4.6, 4.8(1), 4.9(5), 5.5(2), 8.5, 9.2(2), 9.3 to 9.7, 12.2(6), 14.2(2), 14.3(10), 14.4(14), 14.5(5), 14.7, 14.8(1), 17.14, 17.15(6), 19.1 IAB 6/16/99 ARC 9104A	South Conference Room Grimes State Office Bldg. Des Moines, Iowa	July 13, 1999 1:30 p.m.
PUBLIC HEALTH DEPARTMENT[641]
Swimming pools and spas, 15.4(5) IAB 6/16/99 ARC 9111A	South Conference Room--5th Floor Side 1 Lucas State Office Bldg. Des Moines, Iowa	July 6, 1999 2 to 3 p.m.
PUBLIC HEALTH DEPARTMENT[641] (Cont'd)
WIC program, 73.1, 73.2, 73.5, 73.7 to 73.9, 73.19, 73.23 IAB 6/16/99 ARC 9113A (ICN Network)	ICN Classroom 1, Room 0210 Scott Community College 500 Belmont Rd. Bettendorf, Iowa	July 6, 1999 1 to 2 p.m.
	ICN Classroom National Guard Armory 2500 Summer St. Burlington, Iowa	July 6, 1999 1 to 2 p.m.
	Schindler Education Center 130C UNI Hudson Rd. and 23rd St. Cedar Falls, Iowa	July 6, 1999 1 to 2 p.m.
	Thomas Jefferson High School 1243 20th St. S.W. Cedar Rapids, Iowa	July 6, 1999 1 to 2 p.m.
	State Room Northern Trails AEA 2 9184B 265th St. Clear Lake, Iowa	July 6, 1999 1 to 2 p.m.
	Turner Room Green Valley AEA 14 1405 N. Lincoln Creston, Iowa	July 6, 1999 1 to 2 p.m.
	ICN Classroom 17 South Winneshiek High School 203 W. South St. Calmar, Iowa	July 6, 1999 1 to 2 p.m.
	Public Health Dept.--3rd Floor Lucas State Office Bldg. Des Moines, Iowa	July 6, 1999 1 to 2 p.m.
	Library Bldg., Room 22 Iowa Lakes Community College 300 S. 18th St. Estherville, Iowa	July 6, 1999 1 to 2 p.m.
	ICN Classroom 204 Library Bldg.--2nd Floor Arrowhead AEA ICCC Campus 330 Ave. M Fort Dodge, Iowa	July 6, 1999 1 to 2 p.m.
	ICN Classroom AEA 15 2814 N. Court St. Ottumwa, Iowa	July 6, 1999 1 to 2 p.m.
	Carnegie/Stout Public Library 360 W. 11th Dubuque, Iowa	July 6, 1999 1 to 2 p.m.
PUBLIC HEALTH DEPARTMENT[641] (Cont'd)
	ICN Classroom 1 Bldg. A, Room 925 W. Iowa Tech. Community College 4647 Stone Ave. Sioux City, Iowa	July 6, 1999 1 to 2 p.m.
Death certification, autopsy and disinterment, 101.6 IAB 6/16/99 ARC 9112A	South Conference Room--5th Floor Side 1 Lucas State Office Bldg. Des Moines, Iowa	July 6, 1999 1 to 2 p.m.
Criteria for awards or grants, 176.2, 176.7 IAB 6/16/99 ARC 9110A	West Conference Room--5th Floor Lucas State Office Bldg. Des Moines, Iowa	July 6, 1999 10 to 11 a.m.
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.
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.

LOCATION	ADDRESS	CONTACT
Scott Community College ICN Classroom 1 Room 0210	500 Belmont Road Bettendorf, IA 52722	Doug Kutzli (319)344-4137
Burlington Nat'l Guard Armory ICN Classroom	2500 Summer Street Burlington, IA 52601	Ed Glenn (319)683-9826
University of Northern Iowa Schindler Educ. Center 130C	Corner of Hudson Rd. and 23rd Street Cedar Falls, IA 50614	Em Pugh (319)273-6294
Thomas Jefferson High School	1243 20th Street S.W. Cedar Rapids, IA 52404	Robert Tesar (319)398-2435
Northern Trails AEA 2 State Room	9184B 265th Street Clear Lake, IA 50428	Linda Rourick (515)357-6125
Green Valley AEA 14 Turner Room	1405 North Lincoln Creston, IA 50801	Penni Nauman (515)782-8843
South Winneshiek High School ICN Classroom #17	P.O. Box 430 203 W. South Street Calmar, IA 52132	Jean Martin (319)562-3226
Department of Public Health 3rd Floor	Lucas State Office Building 321 E. 12th Street Des Moines, IA 50319	Tim Lane (515)281-7883
Iowa Lakes Comm. College Library Building Room 22	300 South 18th Street Estherville, IA 51334	Gary Feddern (712)362-2604 ext. 128
Arrowhead AEA ICCC Campus Library Building Second Floor ICN Room 204	330 Avenue M Iowa Central Community College Fort Dodge, IA 50501	Karen Lombard (515)576-0099
AEA 15 ICN Classroom	2814 North Court St. Ottumwa, IA 52501	Shirley Walker (515)682-8591
Carnegie/Stout Public Library	360 W. 11th Dubuque, IA 52001	Tom Moran (319)589-4225 ext. 240
W. Iowa Tech. Comm. College ICN Classroom 1 Bldg. A, Rm. 925	4647 Stone Ave. Sioux City, IA 51106	Connie Rosenberger (712)274-8733 ext. 1383

Metal	Concentration mg/kg dry weight
Arsenic (As)	41
Cadmium (Cd)	39
Copper (Cu)	1500
Lead (Pb)	300
Mercury (Hg)	17
Nickel (Ni)	420
Selenium (Se)	36
Zinc (Zn)	2800