Iowa Administrative Bulletin

IOWA ADMINISTRATIVE BULLETIN

Published Biweekly VOLUME XXII NUMBER 2 July 28, 1999 Pages 77 to 140

CONTENTS IN THIS ISSUE

Pages 89 to 119 include ARC 9214A to ARC 9232A

AGENDA

Administrative rules review committee 81

ALL AGENCIES

Schedule for rule making 79

Publication procedures 80

Agency identification numbers 87

CITATION OF ADMINISTRATIVE RULES 86

educational examiners board[282]

EDUCATION DEPARTMENT[281]"umbrella"

Notice Terminated, Associate counselor
license, 14.10, 14.27 ARC 9223A 89

ENVIRONMENTAL PROTECTION
COMMISSION[567]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Public Notice, Iowa land recycling program
and response action standards--hourly
billing rate, 137.3(3)"a" 89

HUMAN SERVICES DEPARTMENT[441]

Notice, Purchase of service, 150.1 to 150.3,
150.5, 150.5, 150.7, 150.8, 150.21, 150.22
ARC 9214A 89

INSPECTIONS AND APPEALS DEPARTMENT[481]

Notice, Food code; food protection certification
programs, 30.2, 31.1(13), 31.4, 31.7,
31.12, ch 32, 34.1, 34.2 ARC 9224A 94

LIVESTOCK HEALTH ADVISORY
COUNCIL[521]

Filed, Annual appropriation, ch 1 ARC 9232A 113

NATURAL RESOURCES DEPARTMENT[561]

Filed, Agency procedures, ch 4, 5.1, 5.3, ch 6
ARC 9230A 113

PROFESSIONAL LICENSURE DIVISION[645]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Filed, Physical and occupational therapy,
amendments to chs 200 to 202 ARC 9225A 115

Filed, Podiatry examiners, 220.201 to 220.211,
220.213, 220.300, chs 225 to 230 ARC 9226A 117

PUBLIC BROADCASTING DIVISION[288]

EDUCATION DEPARTMENT[281]"umbrella"

Filed, Agency procedures, chs 11 to 13
ARC 9227A 117

PUBLIC HEALTH DEPARTMENT[641]

Notice, Scope of practice review committee 100

Notice, Mutual consent voluntary adoption
registry, ch 107 ARC 9222A 100

PUBLIC HEARINGS

Summarized list 84

PUBLIC SAFETY DEPARTMENT[661]

Notice, Sex offender registry, 8.302 to 8.304
ARC 9217A 101

Notice, Fingerprints and photographs--juveniles,
11.8 to 11.10, 11.19 ARC 9219A 102

Filed Emergency, Sex offender registry, 8.302
to 8.304 ARC 9218A 108

Filed Emergency, Fingerprints and photographs--
juveniles, 11.8 to 11.10, 11.19 ARC 9220A 111

Filed Emergency, State medical examiner,
rescind ch 21 ARC 9216A 111

REVENUE AND FINANCE DEPARTMENT[701]

Notice, Replacement tax and statewide property
tax, 10.1(3), ch 70 ARC 9229A 102

Filed, Sales tax, 18.5 ARC 9228A 117

SUPREME COURT

Decisions summarized 120

TREASURER OF STATE

Notice--Public funds interest rates 106

TURKEY MARKETING COUNCIL, IOWA[787]

Notice, Refunds, ch 1 ARC 9231A 107

WORKFORCE DEVELOPMENT
DEPARTMENT[871]

Filed, Workplace or domestic violence, rescind
24.26(14) ARC 9221A 118

Filed, Contested cases, 26.2 to 26.17
ARC 9215A 118

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.

July 1, 1999, to June 30, 2000 $253.86 plus $12.69 sales tax

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 - $1,163.76 plus $58.19 sales tax

(Price includes 22 volumes of rules and index, plus a one-year subscription to the Code Supplement and the Iowa Administrative Bulletin.)

Iowa Administrative Code Supplement - $409.24 plus $20.46 sales tax

(Subscription expires June 30, 2000)

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

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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
4
Friday, August 6, 1999
August 25, 1999
5
Friday, August 20, 1999
September 8, 1999
6
Friday, September 3, 1999
September 22, 1999

PLEASE NOTE:

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

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

PUBLICATION PROCEDURES

TO: Administrative Rules Coordinators and Text Processors of State Agencies

FROM: Kathleen K. Bates, Iowa Administrative Code Editor

SUBJECT: Publication of Rules in Iowa Administrative Bulletin

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

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

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

bcarr@legis.state.ia.us

kbates@legis.state.ia.us

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

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

AGENDA

The Administrative Rules Review Committee will hold its regular, statutory meeting on Tuesday, August 3, 1999, at 10 a.m. in Room 1, State Capitol, Des Moines, Iowa. The following rules will be reviewed:

Bulletin

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Organic certification and organic standards, ch 47, Notice ARC 9200A 7/14/99

Grade A or grade B dairy permit, 68.1, 68.11, 68.15, 68.37, Notice ARC 9202A 7/14/99

CIVIL RIGHTS COMMISSION[161]

Discrimination in housing, 9.2 to 9.28, Filed ARC 9206A 7/14/99

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

Certified school to career program, 11.3(10)"b," Notice ARC 9184A 7/14/99

ACE PIAP program, ch 20, Notice ARC 9182A, also Filed Emergency ARC 9183A 7/14/99

Emergency shelter grants program, ch 24, Filed ARC 9179A 7/14/99

Housing fund, ch 25, Notice ARC 9181A 7/14/99

Homeless shelter operation grants program, ch 29, Filed ARC 9180A 7/14/99

Recreation, environment, art and cultural heritage initiative (REACH)--community attraction and tourism
development program, ch 65, Notice ARC 9185A, also Filed Emergency ARC 9186A 7/14/99

Use of marketing logo, ch 72, Filed ARC 9187A 7/14/99

EDUCATIONAL EXAMINERS BOARD[282]

EDUCATION DEPARTMENT[281]"umbrella"

Associate counselor license, 14.10, 14.27, Notice ARC 8963A Terminated ARC 9223A 7/28/99

Two-year nonrenewable school counseling exchange license, 14.26 to 14.34, Filed ARC 9205A 7/14/99

EDUCATION DEPARTMENT[281]

General accreditation standards, ch 12 preamble, 12.1(1), 12.1(6) to 12.1(11), 12.2, 12.3(2) to 12.3(12), 12.4(9),
12.4(16), 12.5(7), 12.5(8), 12.5(10) to 12.5(22), 12.7(1), ch 12 division VIII, 12.8, ch 12 division IX,
12.9, Filed ARC 9212A 7/14/99

ENVIRONMENTAL PROTECTION COMMISSION[567]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Analyzing for methyl tertiary-butyl ether (MTBE) in soil and groundwater samples, 135.19,
Notice ARC 9198A, also Filed Emergency ARC 9208A 7/14/99

HUMAN SERVICES DEPARTMENT[441]

Purchase of service--form numbers and organizational references, 150.1, 150.2(1)"a," 150.2(4), 150.3(1)"b" and "c,"
150.3(1)"d"(2) to (4), 150.3(1)"e"(2), 150.3(1)"f," 150.3(2)"a" to "c," 150.3(3)"c" to "i" and "q," 150.3(3)"r"(3),
150.3(4), 150.3(4)"a"(1), 150.3(4)"b"(2), 150.3(5), 150.3(5)"a"(10), 150.3(5)"b," 150.3(6)"a," 150.3(8),
150.3(9)"b" to "d," 150.5(1)"b" to "d" and "f," 150.5(3)"c" to "f," 150.5(6)"b" to "d," 150.7(1),
150.7(1)"a" and "b," 150.7(2)"a," 150.7(3)"b" to "e," 150.8, ch 150 division II preamble, 150.21, 150.22(2),
150.22(3)"c," 150.22(4)"a" to "c," 150.22(5)"c" to "f" and "q," 150.22(5)"r"(2), 150.22(6), 150.22(7),
150.22(7)"a"(10), 150.22(7)"b," 150.22(8), 150.22(10), Notice ARC 9214A 7/28/99

INSPECTIONS AND APPEALS DEPARTMENT[481]

Food code, food protection certification programs, 30.2, 31.1(13), 31.4, 31.7(2) to 31.7(9), 31.12, ch 32, 34.1(4),
34.1(14), 34.2, Notice ARC 9224A 7/28/99

INSURANCE DIVISION[191]

COMMERCE DEPARTMENT[181]"umbrella"

Health insurance, 27.3(4), 35.20(5) to 35.20(7), 35.32 to 35.34, 40.1, 40.12, 40.20, 40.24, 71.14(9), 71.20 to 71.22,
75.7(3), 75.7(4), 75.13 to 75.16, Notice ARC 9194A, also Filed Emergency ARC 9213A 7/14/99

Annuity mortality tables for use in determining reserve liabilities for annuities, ch 43, Notice ARC 9204A 7/14/99

LAW ENFORCEMENT ACADEMY[501]

Minimum standards for Iowa law enforcement officers, 2.1(1), 2.1(3), 2.1(5), 2.2(1), 2.2(4), 2.2(7)"d," 2.2(8)"a" and "b,"
2.4, 2.5, Notice ARC 9178A 7/14/99

LIVESTOCK HEALTH ADVISORY COUNCIL[521]

Recommendations--expenditure of annual state appropriation, ch 1, Filed ARC 9232A 7/28/99

NATURAL RESOURCES DEPARTMENT[561]

Agency procedure for rule making; petitions for rule making; declaratory orders, ch 4, 5.1, 5.3, ch 6, Filed ARC 9230A 7/28/99

PROFESSIONAL LICENSURE DIVISION[645]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Massage therapy examiners, rescind 131.6 to 131.16, amend 131.17(2)"k," rescind chs 136 to 139, Filed ARC 9196A 7/14/99

Physical and occupational therapy examiners, 200.3(1)"b"(1) and (3), 200.4(4)"c"(1) and (3), 200.7(3),
200.8(3), 200.9(1), 200.24(4), 200.24(5), 201.3(1), 201.11(4), 201.13(10), 202.8(3), 202.9(3),
202.10(1), Filed ARC 9225A 7/28/99

Podiatry examiners, rescind 220.201 to 220.211, 220.213, 220.300, chs 225 to 230, Filed ARC 9226A 7/28/99

Psychology examiners, rescind 240.200 to 240.211, amend 240.212, rescind 240.213 to 240.300,
chs 241, 242, 249, Filed ARC 9199A 7/14/99

Respiratory care examiners, rescind 260.18 to 260.27, amend 260.28, 260.28"13," rescind 260.28"32,"
260.30 to 260.34, chs 261, 262, 269, Filed ARC 9197A 7/14/99

Athletic training examiners, rescind 350.22 to 350.25, amend 350.26, rescind 350.27 to 350.30, chs 355 to 358,
Filed ARC 9195A 7/14/99

PUBLIC BROADCASTING DIVISION[288]

EDUCATION DEPARTMENT[281]"umbrella"

Agency procedure for rule making; declaratory orders; contested cases, chs 11 to 13, Filed ARC 9227A 7/28/99

PUBLIC HEALTH DEPARTMENT[641]

Radiation, 41.1(2), 41.1(3)"a"(7), 41.2(12), 41.3(1)"b," 41.3(5)"f," 41.3(9), 41.3(10), 41.3(11)"e," 42.1(2), 42.2(3)"a,"
42.3(3)"a," 45.3(1), Filed ARC 9203A 7/14/99

Mutual consent voluntary adoption registry, ch 107, Notice ARC 9222A 7/28/99

PUBLIC SAFETY DEPARTMENT[661]

Iowa sex offender registry, 8.302(4)"b" and "c," 8.302(9)"d," 8.302(10) to 8.302(12), 8.303(2)"b," 8.304(1),
8.304(1)"a" and "b," 8.304(1)"c"(4) to (6), 8.304(1)"d," 8.304(5),
Notice ARC 9217A, also Filed Emergency ARC 9218A 7/28/99

Taking of fingerprints from and photographs of juveniles arrested for and charged with offenses other than simple
misdemeanors, 11.8 to 11.10, 11.19(1), 11.19(4)"c," Notice ARC 9219A, also Filed Emergency ARC 9220A 7/28/99

State medical examiner, rescind ch 21, Filed Emergency ARC 9216A 7/28/99

RACING AND GAMING COMMISSION[491]

INSPECTIONS AND APPEALS DEPARTMENT[481]"umbrella"

Contested cases and other proceedings, ch 4, Filed ARC 9189A 7/14/99

Harness racing, ch 9, 13.27, Filed ARC 9188A 7/14/99

REVENUE AND FINANCE DEPARTMENT[701]

Interest, penalty, exceptions to penalty, and jeopardy assessments; replacement tax and statewide property tax, 10.1(3),
ch 70, Notice ARC 9229A 7/28/99

Taxable and exempt sales determined by method of transaction or usage, 18.5, Filed ARC 9228A 7/28/99

Services of persons who provide on-line access to the Internet for computer users, 18.20(5),
Notice ARC 9190A, also Filed Emergency ARC 9191A 7/14/99

Inheritance, estate, generation skipping, and fiduciary income tax, 86.1 to 86.4, 86.5(1), 86.5(4), 86.5(7) to 86.5(12),
86.6, 86.7(4), 86.8(1), 86.8(4) to 86.8(8), 86.8(11), 86.8(13), 86.8(15), 86.9, 86.9(1) to 86.9(5), 86.10, 86.11,
86.12(5)"b," 86.14, 87.1(1), 87.1(2), 87.2(2), 87.3(2), 87.3(3), 87.3(5), 87.3(7), 87.3(8), 87.3(13), 88.1, 88.2(2),
88.3(4) to 88.3(6), 88.3(9), 88.3(10), 88.3(12) to 88.3(16), 89.1, 89.2(3)"a," "b" and "e," 89.4(4), 89.4(6), 89.4(8),
89.4(9)"a" to "e," 89.5(1), 89.5(2), 89.5(4), 89.7(2), 89.7(3), 89.8(1), 89.8(7)"a," "c," "i," "j," "o" and "t,"
89.8(8)"h" and "j," 89.8(9) to 89.8(11), 89.10(1) to 89.10(4), Filed ARC 9192A 7/14/99

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

HUMAN RIGHTS DEPARTMENT[421]"umbrella"

Petitions for rule making; agency procedure for rule making; declaratory orders; contested cases, chs 3 to 6,
Filed ARC 9207A 7/14/99

TREASURER OF STATE[781]

LIFT--traditional livestock producer's linked investment loan program, 4.10,
Notice ARC 9209A, also Filed Emergency ARC 9210A 7/14/99

Declaratory orders; agency procedure for rule making, chs 17, 18, Filed Emergency After Notice ARC 9211A 7/14/99

TURKEY MARKETING COUNCIL, IOWA[787]

Refunds, ch 1, Notice ARC 9231A 7/28/99

WORKERS' COMPENSATION DIVISION[876]

WORKFORCE DEVELOPMENT DEPARTMENT[871]"umbrella"

References to current tables which determine payroll taxes, 8.8, Filed Emergency ARC 9193A 7/14/99

WORKFORCE DEVELOPMENT BOARD/SERVICES DIVISION[877]

WORKFORCE DEVELOPMENT DEPARTMENT[871]"umbrella"

Regional advisory boards, 6.1 to 6.3, 6.3(3) to 6.3(5), 6.4 to 6.7, 6.7(1), 6.7(6), 6.7(7), 6.8 to 6.11,
Filed Emergency After Notice ARC 9201A 7/14/99

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Claims and benefits--workplace or domestic violence, rescind 24.26(14), Filed ARC 9221A 7/28/99

Contested case proceedings, 26.2 to 26.17, Filed ARC 9215A 7/28/99

ADMINISTRATIVE RULES REVIEW COMMITTEE MEMBERS

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

EDITOR'S NOTE: Terms ending April 30, 2003.

Senator H. Kay Hedge
3208 335th Street
Fremont, Iowa 52561
Representative Janet Metcalf
12954 NW 29th Drive
Urbandale, Iowa 50323
Senator Merlin E. Bartz
2081 410th Street
Grafton, Iowa 50440
Representative Clyde Bradley
835 Blackhawk Lane
Camanche, Iowa 52730
Senator Patricia M. Harper
3336 Santa Maria Drive
Waterloo, Iowa 50702
Representative Danny Carroll
244 400th Avenue
Grinnell, Iowa 50112
Senator John P. Kibbie
P.O. Box 190
Emmetsburg, Iowa 50536
Representative Minnette Doderer
2008 Dunlap Court
Iowa City, Iowa 52245
Senator Sheldon Rittmer
3539 230th Street
DeWitt, Iowa 52742
Representative Geri Huser
213 7th Street NW
Altoona, Iowa 50009
Joseph A. Royce
Legal Counsel
Capitol, Room 116A
Des Moines, Iowa 50319
Telephone (515)281-3084
Fax (515)281-5995
Brian Gentry
Administrative Rules Coordinator
Governor's Ex Officio Representative
Capitol, Room 11
Des Moines, Iowa 50319

PUBLIC HEARINGS

To All Agencies:

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

AGENCY
HEARING LOCATION
DATE AND TIME OF HEARING

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Organic certification and organic
standards, ch 47
IAB 7/14/99 ARC 9200A
Farmer's Savings Bank
205 Vine St.
West Union, Iowa
August 3, 1999
7 p.m.

Farm Credit Services
700 Farm Credit Dr.
Ottumwa, Iowa
August 5, 1999
7 p.m.

Public Library
507 Poplar
Atlantic, Iowa
August 12, 1999
7 p.m.

Chamber of Commerce
119 W. 6th St.
Storm Lake, Iowa
August 17, 1999
7 p.m.

Conference Room--2nd Floor
Wallace State Office Bldg.
Des Moines, Iowa
August 19, 1999
10 a.m.
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

ACE PIAP program,
ch 20
IAB 7/14/99 ARC 9182A
(See also ARC 9183A)
Main Conference Room
200 E. Grand Ave.
Des Moines, Iowa
August 5, 1999
10 a.m.
Housing fund,
ch 25
IAB 7/14/99 ARC 9181A
Main Conference Room
200 E. Grand Ave.
Des Moines, Iowa
August 3, 1999
1:30 p.m.
REACH--community attraction
and tourism development program,
ch 65
IAB 7/14/99 ARC 9185A
(See also ARC 9186A)
Main Conference Room
200 E. Grand Ave.
Des Moines, Iowa
August 4, 1999
1 p.m.
EDUCATION DEPARTMENT[281]

Standards for practitioner preparation
programs, ch 79
IAB 6/30/99 ARC 9130A
Conference Room 3 North--3rd Floor
Grimes State Office Bldg.
Des Moines, Iowa
August 30, 1999
2 p.m.
INSURANCE DIVISION[191]

Health care service and
treatment coverage,
amendments to chs 27, 35, 40, 71, 75
IAB 7/14/99 ARC 9194A
(See also ARC 9213A)
330 E. Maple St.
Des Moines, Iowa
August 3, 1999
10 a.m.
LAW ENFORCEMENT ACADEMY[501]

Minimum standards for Iowa law
enforcement officers,
2.1, 2.2, 2.4, 2.5
IAB 7/14/99 ARC 9178A
Conference Room
Law Enforcement Academy
Camp Dodge
Johnston, Iowa
August 3, 1999
9 a.m.
LIBRARIES AND INFORMATION SERVICES DIVISION[286]

Enrich Iowa program,
3.2
IAB 6/30/99 ARC 9160A
(See also ARC 9159A)
Conference Room
State Library
E. 12th and Grand
Des Moines, Iowa
August 4, 1999
10 a.m.
NATURAL RESOURCE COMMISSION[571]

Zoning of Mississippi River,
McGregor, Clayton County,
40.47
IAB 6/30/99 ARC 9171A
West Conference Room--4th Floor
Wallace State Office Bldg.
Des Moines, Iowa
August 4, 1999
9 a.m.
PUBLIC HEALTH DEPARTMENT[641]

Mutual consent voluntary
adoption registry, ch 107
IAB 7/28/99 ARC 9222A
South Conference Room--5th Floor
Lucas State Office Bldg.
Des Moines, Iowa
August 17, 1999
1 to 2 p.m.
Trauma system evaluation quality
improvement committee, ch 138
IAB 6/30/99 ARC 9176A
(ICN Network)
National Guard Armory
11 E. 23rd St.
Spencer, Iowa
August 3, 1999
1 to 2 p.m.

National Guard Armory
1712 LaClark Rd.
Carroll, Iowa
August 3, 1999
1 to 2 p.m.

National Guard Armory
1160 10th St. SW
Mason City, Iowa
August 3, 1999
1 to 2 p.m.

ICN Room--6th Floor
Lucas State Office Bldg.
Des Moines, Iowa
August 3, 1999
1 to 2 p.m.

National Guard Armory
195 Radford Rd.
Dubuque, Iowa
August 3, 1999
1 to 2 p.m.

National Guard Armory
501 Hwy. 1 South
Washington, Iowa
August 3, 1999
1 to 2 p.m.
PUBLIC SAFETY DEPARTMENT[661]

Sex offender registry,
8.302 to 8.304
IAB 7/28/99 ARC 9217A
(See also ARC 9218A herein)
Conference Room--3rd Floor
Wallace State Office Bldg.
Des Moines, Iowa
September 2, 1999
9:30 a.m.
Fingerprints and photographs--
juveniles,
11.8 to 11.10, 11.19
IAB 7/28/99 ARC 9219A
(See also ARC 9220A herein)
Conference Room--3rd Floor
Wallace State Office Bldg.
Des Moines, Iowa
September 2, 1999
10 a.m.
TREASURER OF STATE[781]

LIFT--traditional livestock
producer's linked investment loan
program, 4.10
IAB 7/14/99 ARC 9209A
(See also ARC 9210A)
Treasurer of State's Office
State Capitol Bldg.
Des Moines, Iowa
August 6, 1999
1 p.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 African-Americans, Division on the[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 9223A

EDUCATIONAL EXAMINERS BOARD[282]

Notice of Termination

Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby terminates the rule making initiated by its Notice of Intended Action published in the Iowa Administrative Bulletin on May 5, 1999, as ARC 8963A, amending Chapter 14, "Issuance of Practitioner's Licenses and Endorsements," Iowa Administrative Code.

The Notice proposed the creation of an Associate Counselor License in rules 14.10(272) and 14.27(272) that would allow practitioners from selected, recognized licensing boards to serve as counselors in a school setting.

A hearing was held on May 27, 1999. The majority of both the written comments and those received at time of hearing were opposed to the creation of this license.

The Board is terminating the rule making commenced in ARC 8963A.

ENVIRONMENTAL PROTECTION COMMISSION[567]

Public Notice

The Environmental Protection Commission (Commission) adopted 567--Chapter 137, Iowa Administrative Code, "Iowa Land Recycling Program and Response Action Standards." This chapter was effective October 27, 1998. Participants who enroll in this voluntary program are required to pay an enrollment fee and reimburse the Department of Natural Resources (Department) for "oversight costs." In accordance with paragraph 137.3(3)"a," the Department is required to calculate an hourly billing rate and publish it annually.

Paragraph 137.3(3)"a" reads as follows:

a. Hourly billing rate. Project oversight fees shall be based on an hourly rate to cover wages and overhead costs of personnel employed by the department in the land recycling program. The department shall calculate and publish on an annual basis an hourly billing rate at which oversight fees shall be calculated.

The Department has determined that the hourly billing rate will be $36 per hour effective from October 27, 1998, until publication of a revised rate. This rate was calculated by averaging the hourly wage rate, including fringe benefits, applicable to personnel classifications for an "Environmental Specialist Senior" and "Environmental Engineer Senior." Overhead costs were factored in by adding the Department's standard indirect cost rate of 11.1 percent of the hourly rate. The indirect cost rate is approved annually by the federal government and used for program funding purposes. Details on the calculation method can be obtained by contacting Shirley Christofferson at (515)281-8156.

ARC 9214A

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

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

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

Pursuant to the authority of Iowa Code section 234.6, the Department of Human Services proposes to amend Chapter 150, "Purchase of Service," appearing in the Iowa Administrative Code.

These amendments update form numbers and organizational references in the purchase of service chapter of the Department's rules.

These amendments do not provide for waivers in specified situations because no waiver is appropriate in any situations that can be specified since these amendments are merely updating form numbers and organizational references in the purchase of service chapter of the Department's rules.

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 August 18, 1999.

These amendments are intended to implement Iowa Code section 234.6.

The following amendments are proposed.

ITEM 1. Amend rule 441--150.1(234), definitions of "Field staff" and "Purchase of service section," as follows:

"Field staff" means department employees outside of central office reporting to the ~~division of community services~~ deputy director of field operations.

"~~Purchase of service section~~ Bureau of purchased services" means a ~~unit of the bureau of finance,~~ bureau of the division of fiscal management ~~and budget~~, which is responsible for administering the purchase of service system.

ITEM 2. Amend rule 441--150.2(234) as follows:

Amend subrule 150.2(1), paragraph "a," as follows:

a. An agency contract is a contract written with an agency. Iowa Purchase of Social Services Agency Contract, Form ~~SS-1501-0~~ 470-0628, shall be completed prior to services being purchased from the agency.

Amend subrule 150.2(4) as follows:

150.2(4) Iowa donation of funds contract. The Iowa donation of funds contract establishes the conditions under which a donor makes funds available to the department. This is generally for the purpose of matching state or federal funds for services or administrative support. The contract shall contain specifications concerning amendment, termination, transmittal of funds, accounting, and reversion of unspent funds. The donor may specify the geographic area to be served and the specific service to be provided. The Iowa Donation of Funds Contract, Form ~~SS-1502-0~~ 470-0629, shall be completed prior to the department's acceptance of the funds.

ITEM 3. Amend rule 441--150.3(234) as follows:

Amend subrule 150.3(1), paragraphs "b" and "c," as follows:

b. Initial contact. The initial contact should be between the potential provider and the ~~district~~ regional administrator for the ~~district~~ region in which the provider's headquarters is located. In the case of out-of-state providers this contact can be with the ~~district~~ regional administrator for either the closest ~~district~~ region or the ~~district~~ region initiating the contact. The Purchase of Service Provider Handbook shall be given to the provider at the beginning of the process of developing a contract.

c. Contract proposal development. When the ~~district~~ regional administrator determines that a contract is to be developed, a project manager will be assigned who will assist in contract development and processing. The project manager will assist the contractor in completing the contract proposal and fiscal information appropriate to the contract. This information shall include documentation that the conditions of participation are met. Form ~~SS-1702-0~~ 470-0663, Iowa Purchase of Social Services Agency Contract Face Sheet, shall be completed at the same time as Form ~~SS-1501-0~~ 470-0628, Iowa Purchase of Social Services Agency Contract, or Form ~~SS-1503-0~~ 470-0630, Amendment or Renewal of the Iowa Purchase of Social Services Agency Contract, is prepared.

Further amend subrule 150.3(1), paragraph "d," subparagraphs (2), (3), and (4), and the last unnumbered paragraph as follows:

(2) ~~Local~~ Human services area administrator, within one week from receipt.

(3) ~~District~~ Regional administrator, within one week from receipt.

(4) ~~Manager of the purchase of service section~~ Chief of the bureau of purchased services, within 30 days from receipt.

The provider shall be given a notice and explanation in writing of delays in the process or of rejection of the proposal. Payment cannot be made until the contract is signed by the provider's authorized representative and the ~~manager of the purchase of service section~~ chief of the bureau of purchased services.

Further amend subrule 150.3(1), paragraph "e," subparagraph (2), and paragraph "f," as follows:

(2) The service is not in the social services block grant plan for the ~~districts~~ regions or counties to be served by the program.

f. Contract effective date. When the agreed-upon contract conditions have been met, the effective date of the contract is the first day of an agreed-upon month following signature by the ~~manager of the purchase of service section~~ chief of the bureau of purchased services.

Amend subrule 150.3(2), paragraphs "a," "b," and "c," as follows:

a. Contract management. During the contract period the assigned project manager shall be the contract liaison between the department and the provider. The project manager shall be contacted on all interpretations and problems relating to the contract and shall follow the issues through to their resolution. The project manager shall also monitor performance under the contract and shall provide or arrange for technical assistance to improve the provider's performance, if needed. Report of On-Site Visit, Form ~~SS-1715-0~~ 470-0670, may be used to monitor performance under the contract.

b. Contract amendment. The contract shall be amended only upon agreement of both parties. Amendments which affect the cost of services shall include reestablishment of applicable rates. Amendment or Renewal of Iowa Purchase of Social Services Agency Contract, Form ~~SS-1503-0~~ 470-0630, shall be used to amend or renew the contract.

c. Contract renewal. A joint decision to pursue renewal of the contract must be made at least 60 days prior to the expiration date. Each contract shall be evaluated. The results of the evaluation shall be taken into consideration in the decision on renewal prior to renewal. This evaluation may involve use of the Monitoring and Evaluation Review Guide, Form ~~SS-1637-0~~ 470-2571, or other evaluation tools specified in the contract. Desk Audit for Title VI and Section 504 Compliance, Form 470-2215, shall be completed by the provider.

Amend subrule 150.3(3), paragraphs "c" to "i" and "q," as follows:

c. Civil rights laws. The providers shall be in compliance with all federal, state and local civil rights laws and regulations with respect to equal employment opportunity, or have a written work plan approved by the ~~bureau of equal opportunity/affirmative action~~ diversity programs unit to come into compliance. Equal Opportunity Review, Form 470-0148, shall be completed by the provider. Equal Opportunity Review Status Report, Form 470-2194, shall be completed by the ~~bureau of equal opportunity/affirmative action~~ diversity programs unit.

d. Title VI compliance. The provider shall be in compliance with Title VI of the 1964 Civil Rights Act, as amended, and all other federal, state, and local laws and regulations regarding the provision of services, or have a written plan approved by the ~~bureau of equal opportunity/affirmative action~~ diversity programs unit to come into compliance. Equal Opportunity Review, Form 470-0148, shall be completed by the provider. Equal Opportunity Review Status Report, Form 470-2194, shall be completed by the ~~bureau of equal opportunity/affirmative action~~ diversity programs unit.

e. Section 504 compliance. The provider shall be in compliance with Section 504 of the Rehabilitation Act of 1973, as amended, and with all federal, state, and local Section 504 laws and regulations, or have a written plan approved by the ~~bureau of equal opportunity/affirmative action~~ diversity programs unit to come into compliance. Equal Opportunity Review, Form 470-0148, Plan Review Accessibility Checklist, Form 470-0149, and Section 504 Transition Plan: Structural Accessibility, Form 470-0150, shall be completed by the provider. Equal Opportunity Review Status Report, Form 470-2194, shall be completed by the ~~bureau of equal opportunity/affirmative action~~ diversity programs unit.

f. Affirmative action. The provider shall be in compliance with all federal, state, and local laws and regulations regarding affirmative action, or have a written work plan approved by the ~~bureau of equal opportunity/affirmative action~~ diversity programs unit to come into compliance. Equal Opportunity Review, Form 470-0148, shall be completed by the provider. Equal Opportunity Review Status Report, Form 470-2194, shall be completed by the ~~bureau of equal opportunity/affirmative action~~ diversity programs unit.

g. Abuse reporting. The provider shall have a written policy and procedure approved by the ~~district~~ regional administrator or designee for reporting abuse or denial of critical care of children or dependent adults.

h. Confidentiality. The provider shall comply with all applicable federal and state laws and regulations on confidentiality including rules on confidentiality contained in 441--Chapter 9. The provider shall have a written policy and procedure approved by the ~~district~~ regional administrator or designee for maintaining individual client confidentiality including client record destruction.

i. Client appeals and grievances. Clients receiving service through a purchase of service contract have the right to appeal adverse decisions made by the department or the provider. The provider shall have a written policy and procedure approved by the ~~district~~ regional administrator or designee for handling client appeals and grievances and shall provide information to clients about their rights to appeal.

q. Services provided. Services provided, as described in Form ~~SS-1702-0~~ 470-0663, Iowa Purchase of Social Services Agency Contract Face Sheet, and attachments, shall at a minimum meet the rules found in the Iowa Administrative Code for a particular service or the contract may be terminated.

Further amend subrule 150.3(3), paragraph "r," subparagraph (3), as follows:

(3) Insurance. The provider agrees that in order to protect itself as well as the department and county under the indemnity agreement above, it will at all times during the term of the contract have and keep in force a liability insurance policy, verification of which shall accompany Form ~~SS-1702-0~~ 470-0663, Iowa Purchase of Social Services Agency Contract Face Sheet. The provider agrees that all employees, volunteers, or any other person, other than employees of the department acting within the scope of their employment in the department, authorized to transport clients in privately owned vehicles, have liability insurance in force.

Amend subrule 150.3(4), introductory paragraph, as follows:

150.3(4) Establishment of rates. The Financial and Statistical Report for Purchase of Service Contracts, Form ~~SS-1703-0~~ 470-0664, is the basis for establishing the rates to be paid to all providers under an Iowa Purchase of Social Services Agency Contract, Form ~~SS-1501-0~~ 470-0628.

Further amend subrule 150.3(4), paragraph "a," subparagraph (1), as follows:

(1) The yearly cost of contraceptive supplies in the Financial and Statistical Report, Form ~~SS-1703-0~~ 470-0664, upon which the facility's payment is based.

Further amend subrule 150.3(4), paragraph "b," subparagraph (2), as follows:

(2) Out-of-state providers of other services shall have rates established using the applicable portions of the Financial and Statistical Report for Purchase of Service Contracts, Form ~~SS-1703-0~~ 470-0664.

Amend subrule 150.3(5), introductory paragraph, as follows:

150.3(5) Financial and statistical report. The Financial and Statistical Report for Purchase of Service Contracts, Form ~~SS-1703-0~~ 470-0664, shall be completed by those providers as required in 150.3(4). The reports shall be based on the following rules.

Further amend subrule 150.3(5), paragraph "a," subparagraph (10), as follows:

(10) All expenses reported on Form ~~SS-1703-0~~ 470-0664 shall be supported by an agency's general ledger and documentation on file in the agency's office.

Amend subrule 150.3(5), paragraph "b," introductory paragraph, as follows:

b. Failure to maintain records. Failure to maintain rec-ords adequate to support the Financial and Statistical Report for Purchase of Service Contracts, Form ~~SS-1703-0~~ 470-0664, may result in termination of the contract. These records include, but are not limited to:

Amend subrule 150.3(6), paragraph "a," as follows:

a. Program eligibility. To receive services through the purchase of service system, clients shall be determined eligible and be formally referred by the department. The department shall not make payment for services provided prior to the client's application, eligibility determination, and referral. See "b" below for an exception to this rule.

The following forms shall be used by the department to authorize services:

Form ~~SS-1701-0~~ 470-0622, Referral of Client for Purchase of Social Services.

Form ~~SS-2611-0~~ 470-0719, Placement Agreement: Child Placing or Child Caring Agency (Provider).

Amend subrule 150.3(8), introductory paragraphs, as follows:

150.3(8) Billing procedures. At the end of each month the provider agency shall prepare Form ~~AA-2241-0~~ 470-0020, Purchase of Service Provider Invoice, for contractual services provided by the agency during the month.

Separate invoices shall be prepared for each county from which clients were referred, each service, and each funding source involved in payment. Complete invoices shall be sent to the departmental ~~local~~ county office responsible for the client for approval and forwarding for payment.

More frequent billings may be permitted on an exception basis with the written approval of the ~~district~~ region and the ~~manager of the purchase of service section~~ chief of the bureau of purchased services.

Amend subrule 150.3(9), paragraphs "b," "c," and "d," as follows:

b. When dissatisfied with the response, the provider shall submit to the ~~district~~ regional administrator within ten days the original request, the response received, and any additional information desired. The ~~district~~ regional administrator shall study the concerns and the action taken, and render a decision in writing within 14 days. A meeting with the provider may be held to clarify the situation.

c. If still dissatisfied, the provider may within ten days request a review by the ~~manager of the purchase of service section~~ chief of the bureau of purchased services. The request for review should include copies of material from paragraphs "a" and "b" above. The ~~purchase of service manager~~ bureau chief shall review the issues and positions of the parties involved and provide a written decision within 14 days. A meeting may be held with the provider, project manager, and ~~district~~ regional administrator or designee.

d. The provider may appeal this decision within ten days to the ~~commissioner~~ director of the department, who will issue the final department decision within 14 days.

ITEM 4. Amend rule 441--150.5(234) as follows:

Amend subrule 150.5(1), paragraphs "b," "c," "d," and "f," as follows:

b. Initial contact.

(1) Volunteer contract. The initial contact for a volunteer contract may be between the potential contractor and the ~~district~~ regional administrator of the ~~district~~ region in which the individual or the contractor agency's headquarters is located or the contract may be between the potential contractor and the director of the state volunteer program in the central office of the department. If so, the director will communicate with the ~~district~~ region.

(2) General use administrative support contract. The initial contact for a general use administrative support contract may be between the potential contractor and the ~~district~~ regional administrator of the ~~district~~ region in which the individual or contractor organization's headquarters is located or the contract may be between the potential contractor and the ~~manager of the purchase of service section~~ chief of the bureau of purchased services, who will communicate with the ~~district~~ region.

d. Contract proposal approval or rejection. Before a contract can be effective it shall be signed by the following persons within the time frames provided:

(1) Volunteer contract.

Individual contractor or authorized representative of the contractor agency.

~~District~~ Regional administrator within one week from receipt.

Director of the state volunteer program within 30 days from receipt.

(2) General use administrative support contract.

Individual contractor or authorized representative of the contractor agency.

~~District~~ Regional administrator within one week from receipt.

~~Manager of the purchase of service section~~ Chief of the bureau of purchased services within two weeks from receipt.

Director of the division of management and budget within two weeks from receipt.

The contractor shall be notified of delays in the process or of rejection of the proposal. This notification along with an explanation shall be in writing. The applicant has a right to have the decision reviewed by the director of the state volunteer program, or ~~manager of the purchase of service section~~ chief of the bureau of purchased services.

f. Contract effective date. If the agreed-upon contract conditions have been met, the effective date of the contract is the first day of an agreed-upon month following signature by the director of the state volunteer program, or the ~~manager of the purchase of service section~~ chief of the bureau of purchased services.

Amend subrule 150.5(3), paragraphs "c," "d," "e," and "f," as follows:

c. Civil rights laws. The contractors shall be in compliance with all federal, state, and local civil rights laws and regulations with respect to equal employment opportunity, or have a written work plan approved by the ~~bureau of equal opportunity/affirmative action~~ diversity programs unit to come into compliance.

d. Title VI compliance. The contractors shall be in compliance with Title VI of the 1964 Civil Rights Act, as amended, and all other federal, state, and local laws and regulations regarding the provision of services, or have a written plan approved by the ~~bureau of equal opportunity/affirmative action~~ diversity programs unit to come into compliance.

e. Section 504 compliance. The contractors shall be in compliance with Section 504 of the Rehabilitation Act of 1973, as amended, and with all federal, state, and local Section 504 laws and regulations, or have a written plan approved by the ~~bureau of equal opportunity/affirmative action~~ diversity programs unit to come into compliance.

f. Affirmative action. The contractors shall be in compliance with all federal, state, and local laws and regulations regarding affirmative action, or have a written work plan approved by the ~~bureau of equal opportunity/affirmative action~~ diversity programs unit to come into compliance.

Amend subrule 150.5(6), paragraphs "b," "c," and "d," as follows:

b. When dissatisfied with the response, the contractor shall submit the original request, the response received, and any additional information desired to the ~~district~~ regional administrator within ten days. The ~~district~~ regional administrator shall study the concerns, the action taken and render a decision in writing within 14 days. A meeting with the contractor may be held to clarify the situation.

c. If still dissatisfied, the contractor may within ten days request a review by the ~~manager of the purchase of service section~~ chief of the bureau of purchased services. The request for review should include copies of material from paragraphs "a" and "b" above. The ~~manager of the purchase of service section~~ bureau chief shall review the issues and positions of the parties involved and provide a written decision within 14 days. A meeting with the contractor, project manager, and ~~district~~ regional administrator or designee may be held.

d. The contractor may appeal this decision within ten days to the ~~commissioner~~ director of the department, who will issue the final department decision within 14 days.

ITEM 5. Amend rule 441--150.7(234) as follows:

Amend subrule 150.7(1), introductory paragraph and paragraphs "a" and "b," as follows:

150.7(1) Contract development. The ~~district~~ regional administrator or designee shall assist the donor in completion of the contract document.

a. Contract approval or rejection. Before a contract can be effective it shall be signed by the following persons within the time frames provided:

(1) Donor or the donor's authorized representative.

(2) ~~Local~~ Human services area administrator, within one week from receipt.

(3) ~~District~~ Regional administrator, within one week from receipt.

(4) ~~Manager of the purchase of service section~~ Chief of the bureau of purchased services, within two weeks from receipt.

b. Contract effective date. The contract is effective upon signature of the ~~manager of the purchase of service section~~ chief of the bureau of purchased services.

Amend subrule 150.7(2), paragraph "a," as follows:

a. Contract management. During the contract period the ~~district~~ regional administrator or designee shall be the liaison between the department and the donor. The liaison shall be contacted on all interpretations and problems relating to the contract. When a problem involves a particular service or administrative support contract, the project manager for that contract shall be notified by the liaison for the donor, if the project manager is not also the liaison.

Amend subrule 150.7(3), paragraphs "b," "c," "d," and "e," as follows:

b. Civil rights laws. The donors shall be in compliance with all federal, state, and local civil rights laws and reg-ulations with respect to equal employment opportunity, or have a written work plan approved by the ~~bureau of equalopportunity/affirmative action~~ diversity programs unit to come into compliance.

c. Title VI compliance. The donors shall be in compliance with Title VI of the 1964 Civil Rights Act, as amended, and all other federal, state, and local laws and regulations regarding the provision of services, or have a writ-ten plan approved by the ~~bureau of equal opportunity/affirmative action~~ diversity programs unit to come into compliance.

d. Section 504 compliance. The donors shall be in compliance with Section 504 of the Rehabilitation Act of 1973, as amended, and with all federal, state, and local Section 504 laws and regulations, or have a written work plan approved by the ~~bureau of equal opportunity/affirmative action~~ diversity programs unit to come into compliance.

e. Affirmative action. The donors shall be in compliance with all federal, state, and local laws and regulations regarding affirmative action, or have a written work plan approved by the ~~bureau of equal opportunity/affirmative action~~ diversity programs unit to come into compliance.

ITEM 6. Amend rule 441--150.8(234) as follows:

441--150.8(234) Provider advisory committee. The provider advisory committee serves in an advisory capacity to the department, specifically to the ~~purchase of service section~~ bureau of purchased services. The provider advisory committee is composed of representatives from member provider associations as appointed by the respective associations. Individual representatives from provider agencies having a purchase of service contract but not belonging to an association may become members of the provider advisory committee upon simple majority vote of the committee members at a meeting. A representative of the purchase of service fiscal consultant is a nonvoting member. Departmental representatives from the ~~purchase of service section~~ bureau of purchased services, the ~~division of community services~~ deputy director of field operations, the division of ~~social services~~ adult, children and families services, and the division of~~mental health/mental retardation/developmental disabilities~~ mental health and developmental disabilities are also nonvoting members.

ITEM 7. Amend 441--Chapter 150, Division II, Preamble, as follows:

PREAMBLE

In order for the counties to fulfill their duties pursuant to the approved county management plans, counties must have service agreements with providers of mental health, mental retardation and developmental disabilities services. The Iowa State Association of Counties has requested the assistance of the department in negotiating contracts on behalf of the counties. The following rules set forth the terms and conditions for contracting that will be used by the department when contracting on behalf of counties with providers of local purchase services for adults with mental illness, mental retardation and developmental disabilities.

The department, within the limits of current resources, will negotiate contracts on behalf of counties beginning July 1, 1997. The initial contracts will be negotiated by amending the existing purchase of social service agency contract, using Form ~~SS-1503-0~~ 470-0630, Amendment or Renewal of Iowa Purchase of Services Agency Contract, to reflect the contractual relationship between the provider and the counties. The amendment will be effective for the time period ending June 30, 1998.

ITEM 8. Amend rule 441--150.21(234), definition of "Bureau of purchased services," as follows:

"Bureau of purchased services" means a bureau within the division of ~~policy coordination~~ fiscal management, which is responsible for administering the purchase of service system.

ITEM 9. Amend rule 441--150.22(234) as follows:

Amend subrule 150.22(2) as follows:

150.22(2) Contract terms and conditions. When the department is contracting on behalf of a county, the terms and conditions of the purchase of social services agency contract shall apply unless modified by the provisions below. Form ~~SS-1702-0~~ 470-0663, Iowa Purchase of Social Services Agency Contract Face Sheet, and Form ~~SS-1501-0~~ 470-0628, Iowa Purchase of Social Services Agency Contract, shall be used. ~~There shall be an addendum~~ Form 470-3642, Local Purchase Addendum to the Iowa Purchase of Social Services Agency Contract, shall be used to set forth the changes to the contract pursuant to the provisions below.

Amend subrule 150.22(3), paragraph "c," as follows:

c. Contract proposal development. When the regional administrator determines that a contract is to be developed, a project manager shall be assigned who shall assist in contract development and processing. The project manager shall assist the contractor in completing the contract proposal and fiscal information appropriate to the contract or contract amendment. This information shall include documentation that the conditions of participation are met. Form ~~SS-1702-0~~ 470-0663, Iowa Purchase of Social Services Agency Contract Face Sheet, shall be completed at the same time as Form ~~SS-1501-0~~ 470-0628, Iowa Purchase of Social Services Agency Contract, or Form ~~SS-1503-0~~ 470-0630, Amendment or Renewal of the Iowa Purchase of Social Services Agency Contract, is prepared.

Amend subrule 150.22(4), paragraphs "a," "b," and "c," as follows:

a. Contract management. During the contract period the assigned project manager shall be the contract liaison between the department and the provider. The project manager shall be contacted on all interpretations and problems relating to the contract and shall follow the issues through to their resolution. The project manager shall also monitor performance under the contract, as provided for in the 28E agreement, and shall provide or arrange for technical assistance to improve the provider's performance, if needed. Report of On-Site Visit, Form ~~SS-1715-0~~ 470-0670, may be used to monitor performance under the contract.

b. Contract amendment. The contract shall be amended only upon agreement of both parties. Amendment or Renewal of Iowa Purchase of Social Services Agency Contract, Form ~~SS-1503-0~~ 470-0630, shall be used to amend the contract.

Amend subrule 150.22(5), paragraphs "c" to "f," and "q," as follows:

c. Civil rights laws. The providers shall be in compliance with all federal, state and local civil rights laws and regulations with respect to equal employment opportunity, or have a written work plan approved by the ~~office of equal opportunity/affirmative action~~ diversity programs unit to come into compliance. Equal Opportunity Review, Form 470-0148, shall be completed by the provider. Equal Opportunity Review Status Report, Form 470-2194, shall be completed by the ~~office of equal opportunity~~ diversity programs unit.

d. Title VI compliance. The provider shall be in compliance with Title VI of the 1964 Civil Rights Act and all other federal, state, and local laws and regulations regarding the provision of services, or have a written plan approved by the ~~office of equal opportunity~~ diversity programs unit to come into compliance. Equal Opportunity Review, Form 470-0148, shall be completed by the provider. Equal Opportunity Review Status Report, Form 470-2194, shall be completed by the ~~office of equal opportunity~~ diversity programs unit.

e. Section 504 compliance. The provider shall be in compliance with Section 504 of the Rehabilitation Act of 1973 and with all federal, state, and local Section 504 laws and regulations, or have a written work plan approved by the ~~office of equal opportunity~~ diversity programs unit to come into compliance. Equal Opportunity Review, Form 470-0148, Plan Review Accessibility Checklist, Form 470-0149, and Section 504 Transition Plan: Structural Accessibility, Form 470-0150, shall be completed by the provider. Equal Opportunity Review Status Report, Form 470-2194, shall be completed by the ~~office of equal opportunity~~ diversity programs unit.

f. Affirmative action. The provider shall be in compliance with all federal, state, and local laws and regulations regarding affirmative action, or have a written work plan approved by the ~~office of equal opportunity~~ diversity programs unit to come into compliance. Equal Opportunity Review, Form 470-0148, shall be completed by the provider. Equal Opportunity Review Status Report, Form 470-2194, shall be completed by the ~~office of equal opportunity~~ diversity programs unit.

Further amend subrule 150.22(5), paragraph "r," subparagraph (2), as follows:

(2) Insurance. The provider agrees that in order to protect itself as well as the department and county under the indemnity agreement above, it will at all times during the term of the contract have and keep in force a liability insurance policy, verification of which shall accompany Form ~~SS-1702-0~~ 470-0663, Iowa Purchase of Social Services Agency Contract Face Sheet. The provider agrees that all employees, volunteers, or any other person, other than employees of the department or the county acting within the scope of their employment in the department or the county, authorized to transport clients in privately owned vehicles, have liability insurance in force.

Amend subrule 150.22(6) as follows:

150.22(6) Establishment of rates. The Financial and Statistical Report for Purchase of Service Contracts, Form ~~SS-1703-0~~ 470-0664, is the basis for establishing the rates to be paid to all providers, including out-of-state providers, under an Iowa Purchase of Social Services Agency Contract, Form ~~SS-1501-0~~ 470-0628. If, however, pursuant to the 28E Agreement between the county and the department, the county has elected to use an alternative method of establishing rates for a provider, the county rate-setting methodology shall apply for rates for services provided by that provider to clients referred from that county.

State payment program rates for persons enrolled in the state payment program shall be established pursuant to 441--subrule 153.57(3).

Amend subrule 150.22(7), introductory paragraph, as follows:

150.22(7) Financial and statistical report. The Financial and Statistical Report for Purchase of Service Contracts, Form ~~SS-1703-0~~ 470-0664, shall be completed by those providers as required in subrule 150.22(6). The reports shall be based on the following rules.

Further amend subrule 150.22(7), paragraph "a," subparagraph (10), and paragraph "b," introductory paragraph, as follows:

(10) All expenses reported on Form ~~SS-1703-0~~ 470-0664 shall be supported by an agency's general ledger and documentation on file in the agency's office.

Amend subrule 150.22(8) as follows:

150.22(8) Client eligibility and referral. To receive services through the purchase of service system, clients shall be determined eligible and be formally referred by the county. The county is not obligated to make payment for services provided prior to the client's application, eligibility determination, and referral.

The following forms shall be used by the county to authorize services:

Form ~~SS-1701-0~~ 470-0622, Referral of Client for Purchase of Social Services, or the process authorized by the referring county.

Amend subrule 150.22(10), introductory paragraph, as follows:

150.22(10) Billing procedures. At the end of each month the provider agency shall prepare Form ~~AA-2241-0~~ 470- 0020, Purchase of Service Provider Invoice, or the form agreed upon between the provider and the referring county, for contractual services provided by the agency during the month.

ARC 9224A

INSPECTIONS AND APPEALS DEPARTMENT[481]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 10A.104(5), the Department of Inspections and Appeals gives Notice of Intended Action to amend Chapter 30, "Food and Consumer Safety," Chapter 31, "Food Establishment and Food Processing Plant Inspections," and Chapter 34, "Home Food Establishments," and to adopt a new Chapter 32, "Food Protection Certification Programs," Iowa Administrative Code.

The Department recently adopted the 1997 edition of the United States Food and Drug Administration's Model Food Code. These amendments provide additional clarification regarding the requirements contained in the Food Code.

Items 1, 2, 7, 8 and 9 make minor revisions to the recently adopted amendments to fully implement provisions of the Food Code which became effective January 1, 1999.

Items 3 and 6 create standards for an accredited program for food manager certification. These standards include the review and approval of third-party food certification courses and testing, which is one method by which owners or managers of food establishments can comply with the demonstration of knowledge requirements of the Food Code. The Food Code states that demonstration of knowledge requirements can be met by the person's becoming a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program.

Items 4 and 5 establish requirements for the licensing and inspection of temporary food establishments (fair stands) and mobile food units and pushcarts. Since most of the provisions in the Food Code pertain to permanent operations, an abbreviated version is proposed to simplify the use and understanding of rules applicable to operators of temporary events.

Interested persons may make written comments or suggestions on the proposed amendments on or before August 17, 1999. Written materials should be addressed to the Director, Department of Inspections and Appeals, Lucas State Office Building, East 12th and Grand Avenue,Des Moines, Iowa 50319-0083, or faxed to (515)242-6863.E-mail may be sent to rwalsh@dia.state.ia.us.

These amendments are intended to implement Iowa Code chapters 137D and 137F.

The following amendments are proposed.

ITEM 1. Amend rule 481--30.2(10A), definition of "Food establishment," numbered paragraph "6," as follows:

6. Premises of a residence in which food that is nonpotentially hazardous is sold for consumption off the premises, if the food is labeled to identify the name and address of the person preparing the food and the common name of the food. "Nonpotentially hazardous food" means only the following:

* Baked goods, except the following: soft pies, bakery products with custard or cream fillings, or any other potentially hazardous goods.

* Wholesome, fresh eggs kept at a temperature of 45 degrees Fahrenheit or 7 degrees Celsius or less.

* Honey which is labeled with ~~additional information as provided by departmental rule~~ the name of the product and the name and address of the person preparing the food.

ITEM 2. Amend rule 481--31.1(137F) by adopting the following new subrule:

31.1(13) Paragraph 4-301.12(C) is amended by adding the following: "Establishments need not have a three-compartment sink when each of the following conditions is met:

1. Three or fewer utensils are used for food preparation;

2. Utensils are limited to tongs, spatulas and scoops;

3. The department has approved after verification that the establishment can adequately wash and sanitize these utensils."

ITEM 3. Amend rule 481--31.4(137F) as follows:

481--31.4(137F) Demonstration of knowledge. Section 2-102.11 shall be amended by adding the following: "Completion of a ~~certified food protection~~ certification program, as defined in 481--Chapter 32, by the person in charge who has shown proficiency of the required information through passing a test that is part of an approved program. Course content, teaching materials, testing criteria, test administration and security, and qualification of instructors must be approved by the department. A list of approved food certification course(s) will be maintained by the department and is available upon request. The certification program has been reviewed by the department as meeting the requirements in 481--Chapter 32."

ITEM 4. Rescind subrules 31.7(2) to 31.7(6) and adopt the following new subrules in lieu thereof:

31.7(2) Personnel.

a. The person in charge shall take appropriate action to ensure that no person, while infected with a disease in a communicable form that can be transmitted by foods or who is a carrier of organisms that cause such disease or while afflicted with a boil, an infected wound, or an acute respiratory infection, shall work in a mobile food unit/pushcart in any capacity in which there is a likelihood of the person's contaminating food or food-contact surfaces with pathogenic organisms or transmitting disease to other persons. The person in charge shall require food employee applicants and food employees to report information about the employee's health and activities as they relate to diseases transmissible through food.

b. Employees shall have clean outer garments, aprons and effective hair restraints. Smoking, eating or drinking in the mobile food unit/pushcart is not allowed. All unauth-orized persons are to be kept out of the mobile food unit/pushcart.

c. All employees shall be under the direction of the person in charge. The person in charge shall ensure that workers are effectively cleaning their hands, that potentially hazardous food is adequately cooked, held or cooled, and that all multiuse equipment or utensils are adequately washed, rinsed and sanitized.

31.7(3) Food.

a. Approved food source. All food supplies shall come from a commercial manufacturer or a source that complies with both state and federal laws. The use of food prepared in a private home is prohibited, except nonpotentially hazardous bakery products. The use of food in hermetically sealed containers that is not prepared in an approved food processing plant is prohibited.

b. Food preparation. Unless washing fruits and vegetables, food employees shall, to the extent practicable, avoid direct, bare-hand contact with ready-to-eat food. All establishments shall train food employees on the need and public health reasons for adequate hand washing and personal hygiene. The person in charge shall monitor employee hand-washing practices to ensure that employees are effectively cleaning their hands. One of the following alternatives shall be used by food employees when handling ready-to-eat food:

(1) Single-use gloves, utensils, deli tissue, spatulas, tongs or dispensing equipment; or

(2) An approved antibacterial soap with all operations that permit limited bare-hand contact with ready-to-eat food.

c. Date marking. All ready-to-eat foods that are potentially hazardous shall be date-marked, if held more than 24 hours, and discarded after seven days if the food is kept at an internal temperature of 41_F or below.

d. Food protection. All food shall be covered and stored off the floor. Condiments such as ketchup, mustard, coffee creamer and sugar shall be served in individual packets or from squeeze containers or pump bottles. Milk shall be dispensed from the original container or from an approved dispenser. Ice used as a food or a cooling medium shall be made of drinking water and be manufactured in an approved source. Fruits and vegetables must be washed before being used or sold. All food shall be protected from customer handling, coughing or sneezing by wrapping, sneeze guards or other effective means. All cooking and serving areas shall be adequately protected from contamination.

e. Consumer advisory requirement. If raw or undercooked animal food such as beef, eggs, fish, lamb, poultry or shellfish is offered in ready-to-eat form, the license holder (person in charge) shall post the following language as a consumer advisory:

"Thoroughly cooking foods of animal origin such as beef, eggs, fish, lamb, pork, poultry, or shellfish reduces the risk of food-borne illness. Individuals with certain health conditions may be at a higher risk if these foods are consumed raw or undercooked. Consult your physician or public health official for further information."

f. Food storage location. During operation, food shall not be displayed or stored in or served from any place other than the licensed mobile food unit/pushcart.

31.7(4) Food temperature requirements.

a. Cooking temperatures. As specified in the following chart, the minimum cooking temperatures for food products are:

165_F

* Poultry and game animals that are not commercially raised

* Products stuffed or in a stuffing that contains fish, meat, pasta, poultry or ratite

* All products cooked in a microwave oven
155_F

* Pork, rabbits, ratite and game meats that are commercially raised

* Ground or comminuted (such as hamburgers) meat/fish products

* Raw shell eggs not prepared for immediate consumption
145_F

* Raw shell eggs prepared for immediate consumption

* Fish and other meat products not requiring a 155_F or 165_F cooking temperature as listed above

b. Cold storage. Refrigeration units shall be provided to keep potentially hazardous foods at 41_F or below.

c. Hot storage. Hot food storage units shall be used to keep potentially hazardous food at 140_F or above. Steam tables or other hot holding devices are not allowed to heat foods and are only to be used for hot holding after foods have been adequately cooked.

d. Thermometers. Cold food storage units shall have a numerically scaled thermometer to measure the air temperature of the mobile food unit/pushcart accurately. A metal stem thermometer shall be provided where necessary to check the internal temperature of both hot and cold food. Thermometers must be accurate and have a range from 0_F to 220_F.

31.7(5) Equipment requirements.

a. Mobile food units that handle unpackaged food shall have a three-compartment warewashing sink or have daily access to a three-compartment sink located in another licensed establishment, where utensils can be adequately washed and sanitized. The warewashing sink shall be large enough for complete immersion of the utensils and have an adequate means to heat the water required to wash, rinse and sanitize utensils or food-contact equipment.

b. Chlorine bleach or another approved sanitizer shall be provided for warewashing sanitization and wiping cloths. An appropriate test kit shall be provided to check the concentration of the sanitizer used. The person in charge shall demonstrate knowledge in the determination of the proper concentration of sanitizer to be used.

c. A hand-washing sink, equipped with pressurized hot and cold running water, shall be installed on all mobile food units/pushcarts that handle unpackaged food. The sinks must have a hand cleanser and sanitary towels.

d. Wiping cloths shall be stored in a clean, 100 ppm chlorine sanitizer solution or equivalent. Sanitizing solution shall be changed as needed to maintain the solution in a clean condition.

e. Mobile food units/pushcarts shall provide only single-service articles for use by the consumer.

f. All equipment, utensils, food preparation and food-contact surfaces, including the interior of cabinets or storage compartments, shall be safe, smooth, durable, nonabsorbent and easily cleanable.

31.7(6) Water supply and sewage.

a. Safe water supply. An adequate supply of clean water (potable) shall be provided from an approved source.

b. Water supply tanks. Standards for water supply tanks are as follows:

(1) Materials shall be safe, durable and easily cleanable.

(2) The water supply tank shall be sloped to drain at a discharge outlet that allows complete drainage of the tank.

(3) An access port for inspection and cleaning shall open at the top of the tank, flanged upward at least one-half inch and equipped with a secure port cover, which is sloped to drain.

(4) A fitting with V-type threads is allowed only when the hose is permanently attached.

(5) If provided, a water tank vent shall end in a downward direction and be covered with 16 mesh when the vent is not exposed to dust or debris or with a protective filter when the vent is exposed to dust or debris.

(6) The tank and its inlet and outlet shall be sloped to drain. The inlet shall be designed so that it is protected from waste discharge, dust, oil or grease.

(7) Hoses used shall be safe and durable, have smooth interior surfaces and be clearly identified as to their use for drinking water.

(8) A filter that does not pass oil or oil vapors shall be installed in the air supply line between the compressor and the drinking water system.

(9) The water inlet, outlet or hose shall be equipped with a cap and keeper chain or other adequate protective device. This device must be attached when the system is not in use.

(10) The water tank, pump and hoses shall be flushed and sanitized before being placed into service after con-struction, repair, modification or periods of nonuse.

(11) Water supply systems shall be protected against backflow or contamination of the water supply. Backflow prevention devices, if required, shall be maintained and adequate for their intended purpose.

(12) The water supply tank, pump and hoses shall be used to convey drinking water and shall be used for no other purpose.

c. Wastewater disposal. The sewage holding tank shall be 15 percent larger in volume than the water supply tank and shall be sloped to drain. The drain hose (one-inch) shall be larger than the supply hose (¾-inch). Liquid waste shall be removed at an approved servicing area. The liquid waste retention tank shall be thoroughly flushed and drained during the servicing operation. Wastewater shall be disposed in an approved wastewater disposal system sized, constructed, maintained and operated according to law.

31.7(7) Physical facility.

a. Floors, walls and ceilings. Floors, walls and ceilings shall be designed, constructed and installed so they are smooth and easily cleanable. Exterior surfaces shall be weather-resistant materials. The mobile food unit/pushcart shall be designed and maintained so that outer openings are protected against the entrance of insects and rodents.

b. Lighting. Adequate lighting shall be provided. Lights above exposed food preparation areas shall be shielded.

c. Garbage containers. An adequate number of cleanable containers shall be provided.

d. Toilet rooms. An adequate number of approved toilet and hand-washing facilities shall be provided in the area.

e. Clothing. Personal clothing and belongings shall be stored at a designated place, adequately separated from food preparation, food service and dishwashing areas.

31.7(8) Toxic materials.

a. Only those toxic items necessary for the operation of the mobile food unit/pushcart shall be maintained or used.

b. Toxic materials and poisonous materials shall bear the manufacturer's label. Working containers of toxic items shall be identified with the common name of the material.

c. Toxic materials and poisons shall be adequately separated from food, equipment, utensils, linens, and single-service and single-use items.

d. Only those toxic materials or poisons permitted by law in food establishments shall be used. These materials shall be used according to the manufacturer's use instructions.

31.7(9) Servicing. Servicing areas shall be provided with overhead protection except those areas for the loading of water or discharge of sewage or liquid waste. The mobile food unit/pushcart may operate up to three days at one location, if adequate facilities are maintained for cleaning and servicing, or the unit must report to a home base of operation each day.

ITEM 5. Amend 481--Chapter 31 by adopting a new rule as follows:

481--31.12(137F) Temporary food establishments.

31.12(1) Personnel.

a. Employees shall keep their hands and exposed portions of their arms clean.

b. Employees shall have clean outer garments, aprons and effective hair restraints. Smoking, eating or drinking in food booths is not allowed. All nonworking, unauthorized persons are to be kept out of the food booth.

c. All employees, including volunteers, shall be under the direction of the person in charge. The person in charge shall ensure that the workers are effectively cleaning their hands, that potentially hazardous food is adequately cooked, held or cooled and that all multiuse equipment or utensils are adequately washed, rinsed and sanitized.

d. Employees and volunteers shall not work in a mobile food unit/pushcart if they have open cuts, sores or communicable diseases. The person in charge shall take appropriate action to ensure that employees and volunteers who have a disease or medical condition transmissible by food are excluded from the food operation.

e. All employees and volunteers must sign a logbook with the employee's or volunteer's name, address, telephone number and the date and hours worked. The logbook must be maintained for 30 days by the person in charge and be made available to the department upon request.

31.12(2) Food handling and service.

a. Dry storage. All food, equipment, utensils and single-service items shall be stored off the ground and above the floor on pallets, tables or shelving.

b. Cold storage. Refrigeration units shall be provided to keep potentially hazardous foods at 41_F or below. The inspector may approve an effectively insulated, hard-sided container with sufficient coolant for storage of less hazardous food or the use of such a container at events of short duration if the container maintains the temperature at 41_F or below.

c. Hot storage. Hot food storage units shall be used to keep potentially hazardous food at 140_F or above. Electrical equipment is required for hot holding, unless the use of propane stoves and grills capable of holding the temperature at 140_F or above is approved by the department. Sterno cans are allowed for hot holding if adequate temperatures can be maintained. Steam tables or other hot holding devices are not allowed to heat foods and are only to be used for hot holding after foods have been adequately cooked.

d. Cooking temperatures. As specified in the following chart, the minimum cooking temperatures for food products are:

f. Thermometers. Each refrigeration unit shall have a numerically scaled thermometer to measure the air temperature of the unit accurately. A metal stem thermometer shall be provided where necessary to check the internal temperature of both hot and cold food. Thermometers must be accurate and have a range from 0_F to 220_F.

g. Food display. Foods on display must be covered. The public is not allowed to serve itself from opened containers of food or uncovered food items. Condiments such as ketchup, mustard, coffee creamer and sugar shall be served in individual packets or from squeeze containers or pump bottles. Milk shall be dispensed from the original container or from an approved dispenser. All fruits and vegetables must be washed before being used or sold. Food must be stored at least six inches off the ground. All cooking and serving areas shall be adequately protected from contamination. Barbeque areas shall be roped off or otherwise protected from the public. All food shall be protected from customer handling, coughing or sneezing by wrapping, sneeze guards or other effective means.

h. Food preparation. Unless washing fruits and vegetables, food employees shall, to the extent practicable, avoid direct, bare-hand contact with ready-to-eat food. Establishments shall train food employees on the need and public health reasons for adequate hand washing and personal hygiene. The person in charge shall monitor employee hand-washing practices to ensure that employees are effectively cleaning their hands. One of the following alternatives shall be used by food employees when handling ready-to-eat food:

(1) Single-use gloves, utensils, deli tissue, spatulas, tongs or dispensing equipment; or

(2) An approved antibacterial soap with all operations that permit limited bare-hand contact with ready-to-eat foods.

i. Approved food source. All food supplies shall come from a commercial manufacturer or an approved source. The use of food prepared in a private home is prohibited, except nonpotentially hazardous bakery products. The use of food in hermetically sealed containers that is not prepared in an approved food processing plant is prohibited. Transport vehicles used to supply food products are subject to inspection and shall protect food from physical, chemical and microbial contamination.

j. Leftovers. Leftovers may not be used, sold or given away in a temporary food establishment. Hot-held foods that are not used by the end of the day must be discarded.

31.12(3) Utensils storage and warewashing.

a. Single-service utensils. The use of single-service plates, cups and tableware is strongly recommended. The use of multiuse eating or drinking utensils must be approved by the department.

b. Dishwashing. An adequate means to heat the water and a minimum of three basins large enough for complete immersion of the utensils are required to wash, rinse and sanitize utensils or food-contact equipment.

c. Sanitizers. Chlorine bleach or another approved sanitizer shall be provided for warewashing sanitization and wiping cloths. An appropriate test kit shall be provided to check the concentration of the sanitizer used. The person in charge shall demonstrate knowledge in the determination of the correct concentration of sanitizer to be used.

d. Wiping cloths. Wiping cloths shall be stored in a clean, 100 ppm chlorine sanitizer solution or equivalent. Sanitizing solution shall be changed as needed to maintain the solution in a clean condition.

31.12(4) Water.

a. Water supply. An adequate supply of clean water shall be provided from an approved source. Water storage units and hoses shall be food grade and approved for use in storage of water. If not permanently attached, hoses used to convey drinking water shall be clearly and indelibly identified as to their use. Water supply systems shall be protected against backflow or contamination of the water supply. Backflow prevention devices, if required, shall be maintained and adequate for their intended purpose.

b. Wastewater disposal. Wastewater shall be disposed in an approved wastewater disposal system sized, constructed, maintained and operated according to law.

31.12(5) Premises.

a. Hand-washing container. An insulated container with at least a two-gallon capacity with a spigot, basin, soap and dispensed paper towels shall be provided for hand washing. The container shall be filled with hot water.

b. Floors, walls and ceilings. If required, walls and ceilings shall be of tight design and weather-resistant materials to protect against the elements and flying insects. If required, floors shall be constructed of tight wood, asphalt, rubber or plastic matting or other cleanable material to control dust or mud.

c. Lighting. Adequate lighting shall be provided. Lights above exposed food preparation areas shall be shielded.

d. Food preparation surfaces. All food preparation or food contact surfaces shall be of a safe design, smooth, easily cleanable and durable.

e. Garbage containers. An adequate number of cleanable containers with tight-fitting covers shall be provided both inside and outside the establishment.

f. Toilet rooms. An adequate number of approved toilet and hand-washing facilities shall be provided at each event.

g. Clothing. Personal clothing and belongings shall be stored at a designated place in the establishment, adequately separated from food preparation, food service and dish-washing areas.

ITEM 6. Adopt new 481--Chapter 32 as follows:

CHAPTER 32
FOOD PROTECTION CERTIFICATION PROGRAMS

481--32.1(137F) Definitions.

"Accredited" means a review of a certifying organization by an independent organization using specific criteria required in this chapter to verify compliance with food protection certification examination program standards.

"Accrediting organization" means an independent organization that determines whether a food protection manager certification program meets the standards of this chapter.

"Certification" means successful completion of testing to show that an individual has achieved competency levels of skills and knowledge of food protection necessary to perform as a food manager based on the criteria and standards specified in this chapter.

"Certification program" means the sum of individual components including testing according to this chapter that results in certification of individuals as meeting minimum standards of knowledge and food protection.

"Certified food protection manager" means the operator or a manager (person in charge) of a (retail) food establishment who has been certified by an approved food protection certification examination.

"Council on food protection practices" means the council established to advise the department regarding the operation of the certification program. The council membership includes three food regulators, two members from industry or industry trade associations, and two members from an accredited academic institution with a program in food protection.

"Food protection certification examination" means the examination in food protection approved in accordance with this program.

481--32.2(137F) Approval of certification programs.

32.2(1) Certification programs approved by the Conference on Food Protection (CFP) shall be recognized by the department upon receipt of appropriate documentation that the program is approved by the CFP.

32.2(2) The certification program must be reviewed by the council on food protection practices prior to being reviewed or approved by the department as meeting the requirements of this chapter. Each organization seeking approval from the department to develop and administer a certification program examination for certified food protection managers shall provide background information naming:

a. The organization's name, ownership, address, telephone number, contact person and other identifying information.

b. A description of the scope of usage of the examination including the time in use, number of examinations already administered and any government or other agencies that have already approved the examination.

c. Demonstrated experience in the development of psychometrically valid competency examinations.

d. Adequate documentation from an accrediting organization to verify that the examination is accredited.

481--32.3(137F) Test development. The test shall be legally defensible which means the ability to withstand a legal challenge to the appropriateness of the examination for the purpose for which it is used. This means that the examination can be defended due to the perceived bias of the examination, inappropriate chosen content, or claim that the examination does not adequately protect the consumer.

Each organization shall provide information about the development and administration of the examination for which approval is sought, including:

1. Formation of the examination questions with number of items in the question bank, the source of questions, method of composition and job relatedness.

2. Content validity based on "Demonstration of Knowledge" in Section 2-102.11 of the Food Code and requirements in Iowa Code chapter 137F and administrative rules adopted in regard to retail food establishments.

3. Test development, including setting the passing score, based on the most recent edition of Standards for Educational and Psychological Testing, developed by the American Psychological Association, American Educational Research Association and National Council on Measurement in Education, and all appropriate federal requirements (for example, Americans with Disabilities Act, Equal Employment Opportunity Commission standards). Tests must be revised as needed to meet changes in the Standards for Educational and Psychological Testing or any of the federal requirements.

4. Methods used to provide alternative examination forms (retakes) from the bank of questions.

5. Alternative language forms used.

6. Item analysis data to show that each examination is measuring performance at the same difficulty and reliability levels.

7. Policies and procedures used to administer examinations.

481--32.4(137F) Test administration. Each testing organization shall provide adequate security mechanisms that include:

1. Providing effective security during preparation, printing, transportation, handling, administration and destruction of the examinations.

2. Ensuring that approved organization monitors are present during the administration of the examinations.

3. Maintaining a tracking system of all examinations.

4. Making provisions to remove a particular version if the examination has been compromised.

32.4(1) Each testing organization shall ensure administration of examinations in compliance with this chapter by:

a. Verifying the eligibility of candidates according to this subrule and ensuring that the examination taker and applicant are the same person. The monitor shall confirm the identity of the individual who wishes to take the examination by photograph identification, driver's license or student identification card.

b. Providing the necessary staff and resources to administer, monitor and grade examinations. There shall be at least one monitor for every 35 students taking the examination.

c. Maintaining safeguards to ensure that individuals who have cheated on the examination are not granted certification.

d. Providing an individual who speaks English as a second language with the opportunity to take the examination in the individual's language if such is available, or providing the individual with a translator if one is requested.

e. Accommodating the needs of special populations to enable them to take the examination.

32.4(2) The examinations shall be stored and administered under secure conditions. "Secure conditions" means that access to the examination is limited to the monitor of the examination or an agent of the department. The examinations shall be inventoried before and immediately following each administration of the examination. The location of the examinations shall be monitored and kept in a log at all times.

481--32.5(137F) Reporting requirements. Each testing organization shall collect and provide the following performance criteria to the department:

1. Statistics following the examination which indicate the percentage of candidates answering each question correctly, number of candidates choosing each response, reliability estimates and discrimination indices.

2. Within 15 working days of each examination, the following class enrollment information: each candidate's name, home address, passing/failing score, date of examination and names of instructors and monitors.

3. An annual report showing the number of candidates tested, the number passing the examination and the number failing the examination.

481--32.6(137F) Audit by the department. The department reserves the right to audit operations to verify security measures and compliance with these rules.

These rules are intended to implement Iowa Code section 137F.2.

ITEM 7. Amend subrule 34.1(4) as follows:

34.1(4) All potentially hazardous food must be refrigerated at ~~45_F~~ 41_F or less, or held at 140_F or higher to control bacteria growth. Potentially hazardous foods that have been cooked and then refrigerated shall be reheated rapidly to an internal temperature of 165_F or higher before being placed in hot food storage holding units. Food warmers and other hot food holding units shall not be used for the reheating of potentially hazardous foods.

ITEM 8. Rescind subrule 34.1(14).

ITEM 9. Amend rule 481--34.2(137D), introductory paragraph, as follows:

481--34.2(137D) Enforcement. All ~~serious~~ critical violations (four- and five-point items) shall be corrected within 10 days. Within 15 days, the license holder shall make a written report to the regulatory authority, stating the action taken to correct the ~~serious~~ critical violation. All ~~one- and two-point items~~ noncritical violations shall be corrected by the next routine inspection.

PUBLIC HEALTH DEPARTMENT[641]

NOTICE--SCOPE OF PRACTICE REVIEW COMMITTEE

The Department of Public Health hereby gives notice of the receipt of an application for a scope of practice review committee submitted by the Iowa Midwives' Association pursuant to 1999 Iowa Acts, House File 402. The application proposes that the legislature recognize and license certified professional midwives in Iowa and establish a Board of Certified Professional Midwife Examiners in the Department of Public Health.

Specifically, the application proposes the following:

* Recognize in statute the Certified Professional Midwife (CPM) credential established by the North American Registry of Midwives (NARM) and require NARM certification;

* Recognize midwives as independent and collaborative practitioners with appropriate scope of practice, authority, and accountability;

* Establish a Board of Certified Professional Midwife Examiners in the Department of Public Health composed of three licensed certified professional midwives, one licensed physician practicing obstetrics or a certified nurse-midwife, and one public member who has received professional midwifery services;

* Allow the Board of CPM Examiners to determine requirements for apprenticeship and courses of instruction, standards and protocols, recommendations for consultation, collaboration, and referral, procedure requirements for filing birth and death certificates, and procedures for the issuance, renewal, or suspension of licenses;

* Allow CPMs to have laboratory privileges to order specific tests (e.g., blood count, pap smears) and the ability to purchase a specified list of controlled substances and supplies (e.g., oxytocic medications and doppler);

* Require an informed consent agreement to be read and signed by all potential clients of CPMs; and

* Establish that other licensed individuals who render care or assistance in good faith to CPM clients are not liable, except for damages caused by their own treatment of the client.

In accordance with the provisions of Iowa Administrative Code 641--194.6(77GA,HF710), the Director of the Department of Public Health announces the appointment of a scope of practice review committee to consider the above application. Committee members are as follows:

* Beverly Francis, Mount Sterling, representing the profession requesting the review;

* Frank Zlatnik, M.D., Iowa City, representing the health profession most directly impacted by or opposed to the proposed change;

* Thomas Murtha, Ph.D., representing an impartial health professional who is not directly or indirectly impacted by or opposed to the proposed change;

* Christopher Atchison, Iowa City, representing the general public;

* Betty Christensen, Des Moines, representing the general public; and

* Lynn Himmelreich, ARNP, CNM, MPH, Iowa City, ex officio member representing the Iowa Chapter of the American College of Nurse-Midwives.

Pursuant to Iowa Administrative Code 641-- 194.6(77GA,HF710), second unnumbered paragraph, written comments on committee appointments must be received on or before August 9, 1999. Such written comments should be directed to Stephen C. Gleason, D.O., Director, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075.

ARC 9222A

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 144.3, the Department of Public Health hereby gives Notice of Intended Action to adopt a new Chapter 107, "Mutual Consent Voluntary Adoption Registry," Iowa Administrative Code.

The proposed rules establish procedures for administering the new Mutual Consent Voluntary Registry whereby adoptees, adoptive parents, and siblings who are in search of each other may register to have their identities revealed to each other in accordance with 1999 Iowa Acts, House File 497, section 19. These rules define the persons who may place their names on the registry, the procedure to complete the application, the applicants' responsibilities, and how the Department will notify registrants of a match according to 1999 Iowa Acts, House File 497, section 19.

Any interested person may make written or oral suggestions or comments on or before August 17, 1999. Such comments should be submitted to Jill France, Bureau Chief, Vital Records, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075; fax (515) 281-0479; telephone (515)281-6762.

A public hearing will be held on August 17, 1999, from1 to 2 p.m. in the Fifth Floor Conference Room South, 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 rules. 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 rules are intended to implement 1999 Iowa Acts, House File 497, section 19.

The following new chapter is proposed.

CHAPTER 107
MUTUAL CONSENT
VOLUNTARY ADOPTION REGISTRY

641--107.1(78GA,HF497) Definitions.

"Adult" means an individual who has reached the age of 18 years at the time of making application to the registry.

"Department" means the department of public health.

"Sibling" means one of two or more persons born of the same parents or, sometimes, having one parent in common; brother or sister.

641--107.2(78GA,HF497) Eligibility. The state registrar shall establish a mutual consent voluntary adoption registry through which adult adopted children, adult siblings and the biological parents of adult adoptees may register to obtain identifying information. All identifying information maintained in the registry is confidential. All requests shall be completed on the form provided by the Department.

107.2(1) The state registrar shall reveal the identity of the biological parent to the adult adopted child or the identity of the adult adopted child to the biological parent if the following conditions are met:

a. A biological parent has filed a completed request form and provided consent to the revelation of the biological parent's identity to the adult adopted child, upon request of the adult adopted child; and

b. An adult adopted child has filed a completed request form and provided consent to the revelation of the identity of the adult adopted child to a biological parent, upon request of the biological parent.

107.2(2) The state registrar shall reveal the identity of the adult adopted child to an adult sibling and shall notify the parties involved that the requests have been matched, and disclose the identifying information to those parties if all of the following conditions are met:

a. An adult adopted child has filed a completed request form and provided consent to the revelation of the adult adopted child's identity to an adult sibling;

b. The adult sibling has filed a completed request form and provided consent to the revelation of the identity of the adult sibling to the adult adopted child; and

c. The state registrar has been provided sufficient information to make the requested match.

641--107.3(78GA,HF497) Exception. If the adult adopted person has a sibling who is a minor and who has also been adopted, the state registrar shall not grant the request of either the adult adopted person or the biological parent to reveal the identities of the parties.

641--107.4(78GA,HF497) Application. Application forms shall be provided by the department and shall be the only application accepted for registration. The adult adoptee, adult sibling, and biological parent completing an application shall be responsible for updating the contact information required.

641--107.5(78GA,HF497) Notification. Notification of parties shall be initiated via telephone at which time address information shall be verified and written notice sent to the parties involved. Written notice shall be mailed via certified mail with return notification requested.

641--107.6(78GA,HF497) Withdrawal. A person who has filed a request or provided consent may withdraw the consent at any time prior to the release of any information by completing and filing a written withdrawal of consent statement on the form provided by the department.

641--107.7(78GA,HF497) Fees. The state registrar shall collect a fee of $25 for the filing of a completed application for the registry. A fee of $2 shall be charged for updating applicant information maintained in the registry.

These rules are intended to implement 1999 Iowa Acts, House File 497, section 19.

ARC 9217A

PUBLIC SAFETY DEPARTMENT[661]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 692A.10, the Department of Public Safety hereby gives Notice of Intended Action to amend Chapter 8, "Criminal Justice Information," Iowa Administrative Code.

The Iowa Sex Offender Registry was established by Iowa Code chapter 692A in 1995. The Registry is intended to facilitate the tracking of sex offenders by criminal and juvenile justice agencies in order to accomplish two related purposes: (1) enhance the capability of criminal and juvenile justice agencies to obtain information about convicted sex offenders useful in investigation, apprehension, and prosecution of crimes, especially sex offenses, and (2) enable members of the public to obtain information about convicted sex offenders which may assist them in protecting themselves. The General Assembly amended Iowa Code chapter 692A in 1999 Iowa Acts, Senate File 294, and House File 136. These proposed amendments make changes in the rules governing the operation of the Registry required by the statutory changes made by the legislature this year. The following is a summary of the changes:

* Item 1 amends several definitions in rule 661--8.302(692A) and adds definitions of "aggravated offense," which is a new category of offense defined by statute in 1999 Iowa Acts, House File 136, and "full-time or part-time," which applies to establishing requirements to register when a nonresident offender works or attends school in Iowa. Changes in definitions include the addition of kidnapping and false imprisonment of a minor to the list of offenses which constitute a "criminal offense against a minor" for purposes of the Iowa Sex Offender Registry and striking of false imprisonment from the list of offenses which, if involving sexual abuse or attempted sexual abuse, are classified as "sexually violent offenses." These changes also respond to language in 1999 Iowa Acts, House File 136. Also included in Item 1 is a change in the reference to federal law contained in the definition of "sexually violent predator." The reference is now to the codified version of the federal definition.

* Item 2 adds language specifying that the Department shall notify the state agency responsible for sex offender registration in another state when the Department receives notification that an Iowa registrant is relocating to that state.

* Item 3 extensively revises existing language in the rules regarding risk assessment of registrants and notification of the public regarding registrants. Registrants are afforded an opportunity to contest the results of risk assessments through appeal procedures established by the agency completing an assessment, except that risk assessments completed by juvenile court officers will be subject to appeal through administrative processes of the Department of Public Safety. Also, a provision is added for the submission of data from the Iowa Sex Offender Registry to the Federal Bureau of Investigation for use in the National Sex Offender Registry.

A public hearing on these proposed amendments will be held on September 2, 1999, at 9:30 a.m. in the Third Floor Conference Room, Wallace State Office Building, East 9th and Grand Avenue, Des Moines, Iowa 50319. Persons may present their views orally or in writing at the public hearing. Persons who wish to make oral presentations at the public hearing should contact the Plans and Research Bureau, Department of Public Safety, Wallace State Office Building, Des Moines, Iowa 50319, by mail; by telephone at (515) 281-5524; or by electronic mail to admrule@dps.state. ia.us at least one day prior to the public hearing. Any written comments or information regarding these proposed amendments may be directed to the Plans and Research Bureau by mail or electronic mail at the addresses indicated at least one day prior to the public hearing or may be submitted at the public hearing. Persons who wish to convey their views orally other than at the public hearing may contact the Plans and Research Bureau by telephone or in person at the Bureau office at least one day prior to the public hearing.

These amendments were simultaneously Adopted and Filed Emergency and are published herein as ARC 9218A. The content of that submission is incorporated by reference.

ARC 9219A

PUBLIC SAFETY DEPARTMENT[661]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 692.10, the Department of Public Safety hereby gives Notice of Intended Action to amend Chapter 11, "Identification Section of the Division of Criminal Investigation," Iowa Administrative Code.

1999 Iowa Acts, House File 403, amended Iowa Code chapters 232, 690, and 692 regarding the taking of fingerprints from and photographs of juveniles arrested for and charged with offenses other than simple misdemeanors. The taking of fingerprints from juveniles charged with offenses other than simple misdemeanors is now mandatory, rather than optional at the discretion of the arresting agency. Taking of photographs of juveniles arrested and charged with offenses more serious than simple misdemeanors remains optional at the discretion of the arresting agency.

A public hearing on these proposed amendments will be held on September 2, 1999, at 10 a.m. in the Third Floor Conference Room, Wallace State Office Building, East 9th and Grand Avenue, Des Moines, Iowa 50319. Persons may present their views orally or in writing at the public hearing. Persons who wish to make oral presentations at the public hearing should contact the Plans and Research Bureau, Department of Public Safety, Wallace State Office Building, Des Moines, Iowa 50319, by mail; by telephone at (515) 281-5524; or by electronic mail to admrule@dps.state.ia.us at least one day prior to the public hearing. Any written comments or information regarding these proposed amendments may be directed to the Plans and Research Bureau by mail or electronic mail at the addresses indicated at least one day prior to the public hearing or may be submitted at the public hearing. Persons who wish to convey their views orally other than at the public hearing may contact the Plans and Research Bureau by telephone or in person at the Bureau office at least one day prior to the public hearing.

These amendments were also Adopted and Filed Emergency and are published herein as ARC 9220A. The content of that submission is incorporated by reference.

ARC 9229A

REVENUE AND FINANCE DEPARTMENT[701]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 421.14, the Department of Revenue and Finance hereby gives Notice of Intended Action to amend Chapter 10, "Interest, Penalty, Exceptions to Penalty, and Jeopardy Assessments," and to adopt a new Chapter 70, "Replacement Tax and Statewide Property Tax," Iowa Administrative Code.

Item 1 is amended to include the replacement tax and statewide property tax under "taxes" to which Chapter 10 rules are applicable.

Item 2 adopts new 701--Chapter 70. 1998 Iowa Acts, Senate File 2416 [chapter 1194], enacted by the 1998 Iowa General Assembly, replaced the existing central assessment property tax assessment system for entities involved in the production and distribution of electricity and natural gas with a substitute tax on the generation, transmission, and delivery of electricity and natural gas. In addition, a statewide property tax was imposed on the operating property of a taxpayer subject to the replacement tax. The purpose of these rules is to implement the new method of taxation. These rules will be adopted in new 701--Chapter 70, previously reserved under Title VIII, "MOTOR FUEL," and will be included under Title IX, "PROPERTY."

The proposed amendments will not necessitate additional expenditures by political subdivisions or agencies and entities which contract with political subdivisions.

The Department has determined that these proposed amendments may have an impact on small business. The Department has considered the factors listed in Iowa Code section 17A.31(4). The Department will issue a regulatory flexibility analysis as provided in Iowa Code sections 17A.31 to 17A.33 if a written request is filed by delivery or by mailing postmarked no later than August 18, 1999, to the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306. The request may be made by the Administrative Rules Review Committee, the Governor, a political subdivision, at least 25 persons who qualify as a small business under Iowa Code sections 17A.31 to 17A.33, or an organization of small businesses representing at least 25 persons which is registered with this agency under Iowa Code sections 17A.31 to 17A.33.

Any interested person may make written suggestions or comments on these proposed amendments on or before September 15, 1999. Such written comments should be directed to the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306.

Persons who want to orally convey their views should contact the Policy Section, Compliance Division, Department of Revenue and Finance, at (515)281-4250 or at the Department of Revenue and Finance offices on the fourth floor of the Hoover State Office Building.

Requests for a public hearing must be received by September 8, 1999.

These amendments are intended to implement Iowa Code chapter 437A.

The following amendments are proposed.

ITEM 1. Amend subrule 10.1(3) as follows:

10.1(3) "Taxes" means all taxes and charges arising under Title X of the Iowa Code, which include but are not limited to individual income, withholding, corporate income, franchise, sales, use, hotel/motel, railroad fuel, equipment car, replacement tax, statewide property tax, motor vehicle fuel, inheritance, estate and generation skipping transfer taxes and the environmental protection charge imposed upon petroleum diminution due and payable to the state of Iowa.

ITEM 2. Adopt new 701--Chapter 70 as follows:

CHAPTER 70
REPLACEMENT TAX AND
STATEWIDE PROPERTY TAX

DIVISION I
REPLACEMENT TAX

701--70.1(437A) Who must file return. Each taxpayer, as defined in Iowa Code section 437A.3(26), shall file a true and accurate return with the director. The return shall include all of the information prescribed in Iowa Code sections 437A.8(1)"a" through "e" and any other information or schedules requested by the director. The return shall be signed by an officer or other person duly authorized by the taxpayer and must be certified as correct. If the taxpayer was inactive or ceased the conduct of any activity subject to the replacement tax during the tax year, the return must contain a statement to that effect.

701--70.2(437A) Time and place for filing return. The return must be filed with the director on or before February 28 following the tax year. There is no authority for the director to grant an extension of time to file a return. Therefore, any return which is not filed on or before February 28 following the tax year is untimely.

A taxpayer whose replacement tax liability before credits is $300 or less is not required to file a return. Such taxpayer should not file a replacement tax return under such circumstances.

When the due date falls on a Saturday or Sunday, the return will be due the first business day following the Saturday or Sunday. If a return is placed in the mails, properly addressed and postage paid in ample time to reach the director or the department on or before the due date for filing, no penalty will attach should the return not be received until after that date. The functional meaning of this requirement is that if the return is placed in the mails, properly addressed and postage paid, on or before the due date for filing, no penalty will attach. Mailed returns should be addressed to Department of Revenue and Finance, Attention: Property Tax Section, Hoover State Office Building, Des Moines, Iowa 50319.

701--70.3(437A) Form for filing. Returns must be made by taxpayers on forms supplied by the department. Taxpayers not supplied with the proper forms shall make application for same to the department in ample time to have their returns made, verified and filed on or before the due date. Each taxpayer shall carefully prepare the taxpayer's return so as to fully and clearly set forth the data required. All information shall be supplied and each direction complied with in the same manner as if the forms were embodied in these rules.

Failure to receive the proper forms does not relieve the taxpayer from the obligation of making the replacement tax return.

Returns received which are not completed, but merely state "see schedule attached," "no tax due," or some other conclusionary statement are not considered to be a properly filed return and may be returned to the taxpayer for proper completion. This may result in the imposition of penalties and interest due to the return's being filed after the due date.

701--70.4(437A) Payment of tax. Payment of tax shall not accompany the filing of the replacement tax return with the director. Payment of tax shall never be made to the director or the state of Iowa. Payment of the proper amount of tax due shall be made to the appropriate county treasurer upon notification by the county treasurer to the taxpayer of the taxpayer's replacement tax obligation.

701--70.5(437A) Statute of limitations.

70.5(1) The director has three years after a return is filed to determine the tax due if the return is found to be incorrect and to give notice to the taxpayer of the determination. This three-year statute of limitations does not apply in the instances specified in 70.5(2).

70.5(2) If a taxpayer files a false or fraudulent return with the intent to evade any tax, the correct amount of tax due may be determined by the director at any time after the return has been filed.

70.5(3) If a taxpayer fails to file a return, the three-year period of limitation does not begin to run until the return is filed with the director.

70.5(4) Waiver of statute of limitations. The department and the taxpayer may extend the three-year period of limitations provided in 70.5(1) by signing a waiver agreement form provided by the department. The agreement shall designate the period of extension and the tax year for which the extension applies. The agreement shall provide that the taxpayer may file a claim for refund of replacement tax at any time prior to the expiration of the agreement.

701--70.6(437A) Billings.

70.6(1) Notice of adjustments.

a. An agent, auditor, clerk, or employee of the department, designated by the director to examine returns and make audits, who discovers discrepancies in returns or learns that items subject to tax may not have been listed or included as taxable, in whole or in part, or that no return was filed when one was due, is authorized to notify the person of this discovery by ordinary mail. This notice is not an assessment. It informs the person what amount would be due if the information discovered is correct. A copy of such notice shall also be sent to the appropriate county treasurer.

b. Right of person upon receipt of notice of adjustment. A person who has received notice of an adjustment in connection with a return may pay the additional amount stated to be due to the appropriate county treasurer. If payment is made, and the person wishes to contest the matter, the person should file a timely claim for refund. However, payment will not be required until an assessment has been made (although interest will continue to accrue if timely payment is not made). If no payment has been made, the person may discuss with the agent, auditor, clerk, or employee who notified the person of the discrepancy, either in person or through correspondence, all matters of fact and law which may be relevant to the situation. This person may also ask for a conference with the Department of Revenue and Finance, Property Tax Section, Hoover State Office Building, Des Moines, Iowa. Documents and records supporting the person's position may be required.

c. Power of agent, auditor, or employee to compromise tax claim. No employee of the department has the power to compromise any tax claims. The power of the agent, auditor, clerk, or employee who notified the person of the discrepancy is limited to the determination of the correct amount of tax.

70.6(2) Notice of assessment. If, after following the procedure outlined in 70.6(1)"b," no agreement is reached and the person does not pay the amount determined to be correct to the appropriate county treasurer, a notice of the amount of tax due shall be sent to the taxpayer. This notice of assessment shall bear the signature of the director and will be sent by ordinary mail to the taxpayer with a copy sent to the appropriate county treasurer.

A taxpayer has 60 days from the date of the notice of assessment to file a protest according to the provisions of rule 701--7.41(17A) or, if the taxpayer fails to timely appeal a notice of assessment, the taxpayer may make payment pursuant to rule 701--7.41(17A) to the appropriate county treasurer and file a refund claim with the director within the applicable period provided in Iowa Code section 437A.14(1)"b" for filing such claims.

70.6(3) Supplemental assessments and refund adjustments. The director may, at any time within the period prescribed for assessment or refund adjustment, make a supplemental assessment or refund adjustment whenever it is ascertained that any assessment or refund adjustment is imperfect or incomplete in any respect.

If an assessment or refund adjustment is appealed (protested under rule 701--7.41(17A)) and is resolved whether by informal proceedings or by adjudication, the director shall notify the appropriate county treasurer. Such resolution shall preclude the director and the taxpayer from making a supplemental assessment or refund adjustment concerning the same issue involved in the appeal for the same tax year unless there is a showing of mathematical or clerical error or showing of fraud or misrepresentation.

701--70.7(437A) Refunds.

70.7(1) A claim for refund of replacement tax may be made on a form obtainable from the department. All claims for refund should be filed with the director, and not with the county treasurer. In the case of a refund claim filed by an agent or representative of the taxpayer, a power of attorney must accompany the claim. All claims for refund must be in writing.

70.7(2) A taxpayer shall not offset a refund or overpayment of tax for one tax year as a prior payment of tax of a subsequent tax year on the tax return of a subsequent year unless the provisions of Iowa Code section 437A.8(7) are applicable.

70.7(3) Refunds--statute of limitations. The statute of limitations with respect to which refunds or credits may be claimed are:

a. The later of three years after the due date of the tax payment upon which the refund or credit is claimed; or one year after which such payment was actually made.

b. Ninety days after the due date of the tax payment upon which refund or credit is claimed if the tax is alleged to be unconstitutional.

70.7(4) No credit or refund of taxes alleged to be unconstitutional shall be allowed if such taxes were not paid to the appropriate county treasurer under written protest which specifies the particulars of the alleged unconstitutionality.

70.7(5) The taxpayer responsible for paying the tax, or the taxpayer's successors, are the only persons eligible to file claims for refund or credit of the tax with the director and are the only persons eligible to receive such refunds or credits.

70.7(6) The director will promptly notify the appropriate county treasurer of the acceptance or denial of any refund claim or credit. The county treasurer shall pay the refund claim or portion thereof accepted by the director.

70.7(7) A taxpayer has 60 days from the date of the notice of denial of a refund or credit, in whole or in part, to file a protest according to the provisions of rule 701--7.41(17A).

701--70.8(437A) Abatement of tax. The provisions of rules 701--7.31(421) and 7.38(421,17A) are applicable to replacement tax. In the event that the taxpayer files a request for abatement with the director, the appropriate county treasurer shall be notified. The director's decision on the abatement request shall be sent to the taxpayer and the appropriate county treasurer.

701--70.9(437A) Taxpayers required to keep records.

70.9(1) Records required. The records required in this rule must be made available for examination upon request by the director or the director's authorized representative. The records must include all of those which would support the entries required to be made on the tax return. These records include but are not limited to:

a. Records associated with the number of taxablekilowatt-hours of electricity delivered to consumers by the taxpayer within each electric competitive service area during the tax year. Such records shall also include those for calendar year 1998.

b. Records associated with the number of taxablekilowatt-hours of electricity consumed within each electric competitive service area during the tax year where the delivery of such electricity is not subject to the replacement delivery tax.

c. Records associated with the average centrally assessed property tax liability allocated to electric service of each taxpayer, other than a municipal utility, principally serving an electric competitive service area and of each generation and transmission electric cooperative for the assessment years 1993 through 1997. For municipal utilities, such records shall be for the 1997 assessment year and shall also include records associated with items in 1999 Iowa Acts, Senate File 473, section 30.

d. Records associated with the number of taxablekilowatt-hours of electricity generated within the state of Iowa during the tax year. Such records shall also include those for calendar year 1998.

e. Records associated with taxable pole miles of transmission lines owned or leased by the taxpayer for each of the line voltage tiers subject to tax imposed in Iowa Code section 437A.7. Such records shall also include those for calendar year 1998.

f. Records associated with the excess property tax liability of each generation and transmission electric cooperative assigned to the electric competitive service areas principally served on January 1, 1999, by its distribution electric cooperative members and by those municipal utilities which were purchasing members of a municipal electric cooperative association that is a member of the generation and transmission electric cooperative. Such records shall include those for calendar year 1998. "Excess property tax liability" means the amount by which the average centrally assessed property tax liability for the assessment years 1993 through 1997 of a generation and transmission electric cooperative exceeds the tentative generation and transmission taxes which would have been imposed on such generation and transmission electric cooperative under Iowa Code sections 437A.6 and 437A.7 for calendar year 1998.

g. Records associated with the number of taxable therms of natural gas delivered to consumers by the taxpayer within each natural gas competitive service area during the tax year. Such records shall also include those for calendar year 1998.

h. Records associated with the number of taxable therms of natural gas consumed within each natural gas competitive service area during the tax year where the delivery of such natural gas is not subject to the replacement delivery tax.

i. Records associated with the average centrally assessed property tax liability allocated to natural gas service of each taxpayer, other than a municipal utility, principally serving a natural gas competitive service area for the assessment years 1993 through 1997. For municipal utilities, such records shall be for the 1997 assessment year and shall also include records associated with items in 1999 Iowa Acts, Senate File 473, section 30.

j. Records associated with the taxpayer's calculation of the tentative replacement taxes due for the tax year and required to be shown on the tax return.

k. Records associated with increases or decreases in the tentative replacement tax required to be shown to be due where the electric and natural gas delivery tax rates are subject to recalculation under the provisions of Iowa Code section 437A.8(7).

l. Records associated with the kilowatt-hours of electricity and the therms of natural gas entitled to be exempted from the taxes imposed by Iowa Code sections 437A.4 to 437A.7 by the enumerated exemptions therein.

m. Records associated with kilowatt-hours of electricity and therms of natural gas delivered in a manner set forth in Iowa Code sections 437A.4(7) and 437A.5(6).

n. All work papers associated with any of the records described in this rule.

o. Records pertaining to any additions or deletions of property described as exempt from local property tax in Iowa Code section 437A.16.

p. Records associated with allocation of property described in paragraph "o" above among local taxing districts.

70.9(2) The records required to be maintained by these rules shall be maintained by taxpayers for a period of ten years following the later of the original due date for the filing of a tax return in which the replacement taxes are reported, or the date on which such return is filed. Upon application to the director and for good cause shown, the director may shorten the period for which any records should be maintained by a taxpayer.

701--70.10(437A) Credentials. Employees of the department have official credentials, and the taxpayer should require proof of the identity of persons claiming to represent the department. No charges shall be made nor gratuities of any kind accepted by an employee of the department for assistance given in or out of the office of the department.

701--70.11(437A) Audit of records. The director or the director's authorized representative shall have the right to examine or cause to be examined the books, papers, records, memoranda or documents of a taxpayer for the purpose of verifying the correctness of a tax return filed, of information presented, or for estimating the tax liability of a taxpayer. When a taxpayer fails or refuses to produce the records for examination upon request, the director shall have authority to require, by a subpoena, the attendance of the taxpayer and any other witness(es) whom the director deems necessary or expedient to examine and compel the taxpayer and witness(es) to produce books, papers, records, memoranda or documents relating in any manner to the replacement tax.

701--70.12(437A) Collections. Neither the director nor the department is empowered to receive any payment of replacement tax. Therefore, taxpayers should never pay any replacement tax to the director or the state of Iowa. All payments of replacement tax are to be made to the appropriate treasurer.

701--70.13(437A) Information confidential. Iowa Code subsections 437A.14(2) and (3) apply generally to the director, deputies, auditors, and present or former officers and employees of the department. Disclosure of the kilowatt-hours of electricity or therms of natural gas delivered by a taxpayer in a competitive service area disclosed on a tax return, return information, or investigative or audit information is prohibited. Other persons having acquired this confidential information will be bound by the same rules of secrecy under these Iowa Code provisions as any member of the department and will be subject to the same penalties for violations as provided by law.

DIVISION II
STATEWIDE PROPERTY TAX

701--70.14(437A) Who must file return. Each taxpayer shall file a true and accurate return with the director. The return shall include all of the information prescribed in Iowa Code section 437A.21 and any other information or schedules requested by the director. The return shall be signed by an officer or other person duly authorized by the taxpayer and must be certified as correct. If the taxpayer was inactive or ceased the conduct of any activity for which the taxpayer's property was subject to the statewide property tax during the tax year, the return must contain a statement to that effect.

701--70.15(437A) Time and place for filing return. The return must be filed with the director on or before February 28 following the tax year. There is no authority for the director to grant an extension of time to file a return. Therefore, any return which is not filed on or before February 28 following the tax year is untimely.

701--70.16(437A) Form for filing. Replacement tax rule 70.3(437A) is incorporated herein by reference.

701--70.17(437A) Payment of tax. Payment of the tax required to be shown due on the statewide property tax return shall accompany the filing of the return. All checks shall be made payable to Treasurer, State of Iowa. Failure to pay the tax required to be shown due on the tax return by the due date shall render the tax delinquent.

701--70.18(437A) Statute of limitations. Replacement tax rule 70.5(437A) is incorporated herein by reference.

701--70.19(437A) Billings.

70.19(1) Notice of adjustments. Replacement tax subrule 70.6(1) is incorporated herein by reference.

70.19(2) Notice of assessment. If, after following the procedure outlined in 70.6(1)"b," no agreement is reached and the person does not pay the amount determined to be correct to the director, a notice of the amount of tax due shall be sent to the taxpayer. This notice of assessment shall bear the signature of the director and will be sent by ordinary mail to the taxpayer.

A taxpayer has 60 days from the date of the notice of assessment to file a protest according to the provisions of rule 701--7.41(17A) or, if the taxpayer fails to timely appeal a notice of assessment, the taxpayer may make payment pursuant to rule 701--7.41(17A) to the director and file a refund claim with the director within the applicable period provided in Iowa Code sections 437A.22 and 437A.14(1)"b" for filing such claims.

70.19(3) Supplemental assessments. Replacement tax subrule 70.6(3) is incorporated by reference.

701--70.20(437A) Refunds. Replacement tax subrules 70.7(1) to 70.7(3), 70.7(5) and 70.7(7) are incorporated herein by reference.

No credit or refund of taxes alleged to be unconstitutional shall be allowed if such taxes were not paid under written protest which specifies the particulars of the alleged unconstitutionality.

701--70.21(437A) Abatement of tax. The provisions of rules 701--7.31(421) and 7.38(421,17A) are applicable to the statewide property tax.

701--70.22(437A) Taxpayers required to keep records.

70.22(1) Records required. The records required in this rule must be made available for examination upon request by the director or the director's authorized representative. The records must include all of those which would support the entries required to be made on the tax return. These records include but are not limited to:

a. Records associated with the assessed value and base year assessed value of property subject to the statewide property tax.

b. Records associated with the computation of the statewide property tax required to be shown due on the tax return.

c. Records associated with the book value of the local amount of any major addition by local taxing district.

d. Records associated with the book value of the statewide amount of any major addition.

e. Records associated with the book value of any building in Iowa at acquisition cost of more than $10 million which was originally placed in service by the taxpayer prior to January 1, 1998, and which was transferred or disposed of in the preceding calendar year.

f. Records associated with the book value of any electric power generating plant in Iowa at acquisition cost of more than $10 million which was originally placed in service by the taxpayer prior to January 1, 1998, and which was transferred or disposed of in the preceding calendar year.

g. Records associated with the book value of all other taxpayer property subject to the statewide property tax.

h. Records associated with the book value of any major addition, by situs, eligible for the urban revitalization exemption provided for in Iowa Code chapter 404.

i. All work papers associated with any of the records described in this rule.

j. Records associated with allocation of property subject to statewide property tax among local taxing districts.

70.22(2) The records required to be maintained by these rules shall be maintained by taxpayers for a period of ten years following the later of the original due date for the filing of a tax return in which the statewide property tax is reported, or the date on which such return is filed. Upon application to the director and for good cause shown, the director may shorten the period for which any records should be maintained by a taxpayer.

701--70.23(437A) Credentials. Replacement tax rule 70.10(437A) is incorporated herein by reference.

701--70.24(437A) Audit of records. Replacement tax rule 70.11(437A) is incorporated herein by reference.

These rules are intended to implement Iowa Code chapter 437A.

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 July is 7.50%.

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 July 10, 1999, setting the minimums that may be paid by Iowa depositories on public funds are listed below.

TIME DEPOSITS

7-31 days Minimum 4.40%

32-89 days Minimum 4.50%

90-179 days Minimum 4.70%

180-364 days Minimum 4.80%

One year Minimum 4.80%

Two years or more Minimum 5.30%

These are minimum rates only. The one year and less are four-tenths of a percent below average rates. Public body treasurers and their depositories may negotiate a higher rate according to money market rates and conditions.

Inquiries may be sent to Michael L. Fitzgerald, Treasurer of State, State Capitol, Des Moines, Iowa 50319.

ARC 9231A

TURKEY MARKETING COUNCIL, IOWA[787]

Notice of Intended Action

Pursuant to the authority of 1999 Iowa Acts, House File 570, section 4, the Iowa Turkey Marketing Council gives Notice of Intended Action to adopt Chapter 1, "Refunds," Iowa Administrative Code.

This proposed chapter is required by 1999 Iowa Acts, House File 570. The chapter is intended to clarify who is entitled to a refund of a turkey excise tax payment.

Any interested person may make written suggestions or comments on the following proposed chapter prior to 4:30 p.m. on August 17, 1999. Such written material should be directed to Gretta Irwin, Iowa Turkey Marketing Council, P.O. Box 825, Ames, Iowa 50010. Comments may also be submitted by E-mail to iaturkey@netins.net or fax to (515) 232-2825.

This chapter is intended to implement 1999 Iowa Acts, House File 570.

The following new chapter is proposed.

CHAPTER 1
REFUNDS

787--1.1(78GA,HF570) Refunds.

1.1(1) An assessment imposed under Iowa Code section 184.2 shall not be refunded on turkeys raised in Iowa.

1.1(2) An assessment may be refunded on turkeys raised in another state and processed in Iowa if both of the following criteria are met:

a. The refund is requested by an organization representing the interests of the turkey producers in the state in which the turkeys were raised.

b. The organization requesting the refund has a signed and effective agreement on file between it and the Iowa Turkey Marketing Council regarding the refund.

This rule is intended to implement 1999 Iowa Acts, House File 570.

FILED EMERGENCY

ARC 9218A

PUBLIC SAFETY DEPARTMENT[661]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code section 692A.10, the Department of Public Safety hereby amends Chapter 8, "Criminal Justice Information," Iowa Administrative Code.

The Iowa Sex Offender Registry was established by Iowa Code chapter 692A in 1995. The Registry is intended to facilitate the tracking of sex offenders by criminal and juvenile justice agencies in order to accomplish two related purposes: (1) enhance the capability of criminal and juvenile justice agencies to obtain information about convicted sex offenders useful in investigation, apprehension, and prosecution of crimes, especially sex offenses, and (2) enable members of the public to obtain information about convicted sex offenders which may assist them in protecting themselves. The General Assembly amended Iowa Code chapter 692A in 1999 Iowa Acts, Senate File 294, and House File 136. These amendments make changes in the rules governing the operation of the Registry required by these statutory changes. The following is a summary of the changes:

* Item 1 amends several definitions in rule 661-- 8.302(692A) and adds definitions of "aggravated offense," which is a new category of offense defined by statute in 1999 Iowa Acts, House File 136, and "full-time or part-time," which applies to establishing requirements to register when a nonresident offender works or attends school in Iowa. Changes in definitions include the addition of kidnapping and false imprisonment of a minor to the list of offenses which constitute a "criminal offense against a minor" for purposes of the Iowa Sex Offender Registry and striking of false imprisonment from the list of offenses which, if involving sexual abuse or attempted sexual abuse, are classified as "sexually violent offenses." These changes also respond to language in 1999 Iowa Acts, House File 136. Also included in Item 1 is a change in the reference to federal law contained in the definition of "sexually violent predator." The reference is now to the codified version of the federal definition.

Pursuant to Iowa Code subsection 17A.4(2), the Department finds that notice and public participation are impracticable as the intent of the General Assembly was that the Department implement new procedures for the Iowa Sex Offender Registry, pursuant to 1999 Iowa Acts, Senate File 294, and House File 136, as of the effective date of the statutory changes (July 1, 1999).

Pursuant to Iowa Code section 17A.5(2)"b"(2), the Department further finds that the normal effective date of these amendments, 35 days after publication, should be waived and the amendment made effective July 1, 1999, after filing with the Administrative Rules Coordinator. These amendments confer a benefit upon the public by providing for immediate implementation of new procedures for the Iowa Sex Offender Registry and for clear understanding that the provisions of 1999 Iowa Acts, Senate File 294 and House File 136, will be in force on their effective dates.

These amendments are also published herein under Notice of Intended Action as ARC 9217A. The Notice of Intended Action provides for a period of public comment and participation, including a public hearing. This process will culminate in amendments being adopted through the normal rule-making process with any public input received during the comment period having been taken into account.

These amendments are intended to implement Iowa Code chapter 692A as amended by 1999 Iowa Acts, Senate File 294 and House File 136.

These amendments became effective July 1, 1999.

The following amendments are adopted.

ITEM 1. Amend rule 661--8.302(692A) as follows:

Amend subrule 8.302(4) by adopting new paragraphs "b" and "c" as follows:

b. Kidnapping of a minor.

c. False imprisonment of a minor.

Amend subrule 8.302(9), paragraph "d," as follows:

d. Any of the following offenses, if the offense involves sexual abuse or attempted sexual abuse: murder, attempted murder, kidnapping, ~~false imprisonment,~~ burglary, or manslaughter.

Amend subrule 8.302(10) as follows:

8.302(10) "Sexually violent predator" means a person who has been convicted of an offense under the laws of this state or of another state which would qualify the person as a sexually violent predator under the federal Violent Crime Control and Law Enforcement Act of 1994, ~~Pub. L. No.103-322, 108 Stat.1798~~ 42 U.S.C. § 14071(a)(3)(B), (C), (D), and (E).

Adopt the following new subrules:

8.302(11) "Aggravated offense" means a conviction for any of the following offenses:

a. Sexual abuse in the first degree in violation of Iowa Code section 709.2.

b. Sexual abuse in the second degree in violation of Iowa Code section 709.3.

c. Sexual abuse in the third degree in violation of Iowa Code section 709.4, subsection 1.

d. Lascivious acts with a child in violation of Iowa Code section 709.8, subsection 1.

e. Assault with intent to commit sexual abuse in violation of Iowa Code section 709.11.

f. Burglary in the first degree in violation of Iowa Code section 713.3, subsection 1, paragraph "d."

g. Kidnapping, if sexual abuse as defined in Iowa Code section 709.1 is committed during the offense.

h. Murder, if sexual abuse as defined in Iowa Code section 709.1 is committed during the offense.

8.302(12) "Full-time or part-time" means a period of time exceeding 14 days or an aggregate period of time exceeding 30 days during any calendar year pursuant to 42 U.S.C.§ 14071(a)(3)(F).

ITEM 2. Amend subrule 8.303(2), paragraph "b," by adding the following new second unnumbered paragraph:

When the department receives notification that a registrant has changed residence to a location outside of Iowa, the department shall notify the registering state agency in the registrant's new state of residence of the registrant's name, new address, and telephone number.

ITEM 3. Amend rule 661--8.304(692A) as follows:

Amend subrule 8.304(1) by adding the following new unnumbered paragraph immediately following the introductory paragraph:

A criminal or juvenile justice agency shall not initiate affirmative public notification regarding an individual who has been convicted of kidnapping or false imprisonment, and the crime did not involve attempted sexual abuse or sexual abuse, and the person has not committed another offense that would require the person to register.

Amend subrule 8.304(1), paragraph "a," as follows:

a. Risk assessment. An assessment of the risk presented by a registrant shall be prepared prior to any affirmative public notification regarding that registrant. The assessment of risk for a registrant shall be prepared by the division of criminal investigation for a registrant who has moved to Iowa but is not under the supervision of the department of corrections, a judicial district department of correctional services, or the department of human services; federal parolees or probationers; persons who have been released from a county jail but are not under the supervision of the department of corrections, a judicial district department of correctional services, or the department of human services; ~~juveniles who are not incarcerated but who are placed under the supervision of juvenile court services;~~ and persons who are convicted and released by the courts and are not incarcerated or placed under supervision pursuant to the court's sentencing order. Risk assessments shall be prepared by the department of corrections, juvenile court officers, or the department of human services for registrants as specified in ~~1998 Iowa Acts, Senate File 2292, section 11~~ 1999 Iowa Acts, Senate File 294 [1999 Iowa Code Supplement section 692A.13A]. Risk assessments shall be completed following procedures prescribed by the department of corrections.

Amend subrule 8.304(1), paragraph "b," as follows:

b. Risk categories. The assessment of risk presented to the community by a registrant shall result in placement of the registrant into one of the following ~~two~~ categories: "low risk" or "at risk." "At risk" includes registrants who have been assessed to be a "moderate risk" or "high risk."

All registrants are by virtue of their presence on the registry classified as "low-risk" offenders, unless they are classified as offenders "at risk" on the basis of assessments completed by the division of criminal investigation, department of corrections, or department of human services, or a juvenile court officer.

Amend subrule 8.304(1), paragraph "c," subparagraphs (4), (5), and (6), as follows:

(4) Any county sheriff or police department shall provide ~~a listing~~ access to the list of all registrants classified as "at risk" within the county in which the sheriff or police department has jurisdiction to any person who requests such a list; however, records of persons protected under 18 U.S.C.§ 3521 shall not be disclosed.

(5) A registrant who has been classified as "at risk" and whose history of offending includes the use of computer bulletin boards, the Internet, or other electronic means of contact with victims or potential victims may be the subject of a notice containing, but not limited to, the registrant's name and photograph, on the Internet. Subject to the availability of sufficient funds, the department shall provide electronic access to information from the Iowa sex offender registry regarding registrants who:

1. Commit a criminal offense against a minor, an aggravated offense, sexual exploitation, a sexually violent offense, or another relevant offense on or after July 1, 1999, of this Act and who have been assessed to be a "moderate risk" or "high risk."

2. Committed an offense prior to July 1, 1999, and who have been assessed to be a "moderate risk" or "high risk" and whose opportunity to request a hearing regarding the assessment of risk has lapsed.

(6) Information regarding any registrant who has been convicted of a criminal offense against a minor, sexual exploitation, another relevant offense, or a sexually violent offense on or after July 1, 1998, who has been assessed as "at risk" shall be made available electronically by the department of public safety to the public via the Internet.

Amend subrule 8.304(1), paragraph "d," as follows:

d. Findings--prior notice--right to appeal--affirmative public notification by department.

(1) ~~If the outcome of~~ When a risk assessment ~~performed~~ has been completed by the division of criminal investigation, the department of corrections, or the department of human services results in a finding that the registrant is "at risk" and the department intends to undertake or cause to be undertaken affirmative public notification with regard to the registrant, the division of criminal investigation, the agency which conducted the risk assessment shall notify, or cause to be notified, the registrant of the initial finding, by providing to the registrant a completed copy of Form DCI-152 and of the risk assessment. Procedures for notifying a registrant of the results of a risk assessment and providing for appeals thereof shall be subject to the rules of the agency conducting the risk assessment. Copies of the risk assessment and related documents, including any appeals and documentation of the results of appeals shall be provided to the division of criminal investigation. When a risk assessment has been completed by a juvenile court officer, the juvenile court officer shall notify the division of criminal investigation of the results of the risk assessment and provide a copy of the risk assessment to the division of criminal investigation.

When a risk assessment has been completed by the division of criminal investigation or the division of criminal investigation has received a completed risk assessment from a juvenile court officer, ~~Notice~~ notice shall be given by the division of criminal investigation to the registrant by personal service or by certified mail, return receipt requested, 14 days prior to the commencement of any affirmative public notification, unless it is impracticable to give timely notice. No additional notice is required. Notice is deemed provided if the registrant refuses delivery of certified mail or if certified mail is undeliverable because the registrant has not complied with registry requirements to provide a current address. The notice shall contain the following information:

1. ~~The proposed scope and specific manner and details of public notification~~ The result of the risk assessment;

2. A description of the scope of affirmative public notification which may result from the risk assessment;

2 3. That unless application is made for a hearing on or before the date mentioned in the notice, affirmative public notification may take place at any time thereafter while the person remains a registrant;

3 4. That the offender may make application for a hearing by filing a written request for a hearing and mailing or serving it on the department at an address prescribed on the notice so it is received on or by the date mentioned in the notice;

4 5. That if application is made and received by the department by 4:30 p.m. on or by the date mentioned in the notice, there will be no affirmative public notification until and unless the ~~initial determination~~ result of the risk assessment is affirmed, or is modified, through the hearing process.

(2) A registrant who has received notice from the division of criminal investigation that ~~an initial finding has been made which may result in affirmative public notification~~ a risk assessment has been completed by the division of criminal investigation or a juvenile court officer may appeal the ~~initial finding~~ result of the risk assessment in writing to the administrative services division of the department of public safety within 14 days of the date on which the notice is sent to the registrant by the division of criminal investigation.

(3) Affirmative public notification shall not proceed until at least 14 days after notice of the ~~initial determination~~ result of the risk assessment has been mailed or delivered to the registrant.

EXCEPTION: If the director of the division of criminal investigation finds that the registrant presents an immediate threat to the safety of the public, affirmative public notification may proceed at the same time as notice is sent to the registrant. In such a case, the notice shall inform the registrant that affirmative public notification may proceed immediately, based upon the finding that the registrant presents an immediate threat to the safety of the public.

(4) If the department does not receive a written application for a hearing within the time guidelines set forth above, the department may undertake affirmative public notification if the result of the risk assessment was that the registrant is "at risk."

(5) When the department receives an application for a hearing, the department shall refer the matter to an administrative law judge or a presiding officer pursuant to Iowa Code section 17A.11. The department shall submit all written documents supporting the initial finding to the presiding officer with the application for hearing. The administrative law judge or presiding officer shall set a hearing within seven days after receiving the application for hearing from the department and provide notice to the parties along with the documentary evidence received from the department. The administrative law judge or presiding officer shall set the hearing as expeditiously as possible in recognition of the public protection interests of Iowa Code chapter 692A.

(6) All documents relating to the hearing shall be confidential prior to, during, and after the hearing. The hearing itself shall be conducted in camera.

(7) Rule ~~661--10.306(17A)~~ 661--10.321(17A), which governs introduction and consideration of evidence, shall apply to proceedings under this rule.

(8) The department shall have the burden of proof by a preponderance of the evidence to support ~~its initial finding~~ the result of the risk assessment.

(9) After hearing the evidence and argument of the parties, the administrative law judge or presiding officer shall issue a written order affirming, reversing, or modifying the ~~initial finding~~ result of the risk assessment. The order shall contain concise findings of fact and conclusions of law. A copy of the order shall be promptly mailed to each party. The order itself shall remain confidential, in accordance with Iowa Code section 692A.13.

(10) The registrant or the director of the division of criminal investigation may appeal the administrative law judge's or presiding officer's order to the commissioner of public safety. Appeal must be served in writing within 14 days from the date of the order. If the order is not appealed within the 14-day time period, it shall be considered a final decision, and the department or other criminal or juvenile justice agency may undertake affirmative public notification, if warranted by the result of the risk assessment.

(11) The commissioner shall consider an appeal on the record made before the administrative law judge or presiding officer. The commissioner shall not consider any additional facts on appeal. The commissioner may, at the commissioner's discretion, request written briefs or oral argument in an appeal. The commissioner shall issue a written decision affirming, reversing, or modifying the order of the presiding officer. A copy of the decision shall be promptly mailed to each party. The decision, and all related information, shall remain confidential, in accordance with Iowa Code section 692A.13. The commissioner's decision shall constitute final agency action for purposes of Iowa Code section 17A.19.

(12) Subsequent affirmative public notification. For a registrant who has been assessed as "at risk" and who has been notified of the ~~intent to initiate affirmative public notification~~ result of the risk assessment and the possibility of affirmative public notification, ~~the department of public safety~~ a criminal or juvenile justice agency may initiate affirmative public notification in any area in which the registrant resides, is employed, or attends school, or frequents subsequent to the initial notification to the registrant ~~of the possibility of affirmative public notification~~. If the form of notice is consistent with that described in the notice given to the registrant of the initial finding that the registrant is "at risk" and subject to affirmative public notification, no further notice to the registrant is required. If the form or content of affirmative public notification differs substantially from that described in the notice to the registrant of the initial finding, a new notice of initial finding shall be prepared and sent to the registrant, as provided in paragraph "d," subparagraph (1), of this subrule.

Adopt the following new subrule 8.304(5):

8.304(5) Submission of information to the National Sex Offender Registry. The division shall submit sex offender registry data as required to the National Sex Offender Registry of the Federal Bureau of Investigation.

ITEM 4. Amend the implementation sentence at the end of 661--Chapter 8 as follows:

These rules are intended to implement Iowa Code chapter 692A as amended by ~~1998 Iowa Acts, Senate File 2292~~ 1999 Iowa Acts, House File 136 and Senate File 294.

[Filed Emergency 6/30/99, effective 7/1/99]
[Published 7/28/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 7/28/99.

ARC 9220A

PUBLIC SAFETY DEPARTMENT[661]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code section 692.10, the Department of Public Safety hereby amends Chapter 11, "Identification Section of the Division of Criminal Investigation," Iowa Administrative Code.

Pursuant to Iowa Code subsection 17A.4(2), the Department finds that notice and public participation are impracticable as the intent of the General Assembly was that the Department implement new procedures for fingerprinting of juvenile offenders as of the effective date of the statutory changes (July 1, 1999).

Pursuant to Iowa Code section 17A.5(2)"b"(2), the Department further finds that the normal effective date of these amendments, 35 days after publication, should be waived and the amendments made effective July 1, 1999, after filing with the Administrative Rules Coordinator. These amendments confer a benefit upon the public by providing for immediate implementation of new procedures for fingerprinting of juveniles and for clear understanding that the provisions of 1999 Iowa Acts, House File 403, will be in force on the effective date of the law.

These amendments are also published herein under Notice of Intended Action as ARC 9219A. The Notice of Intended Action provides for a period of public comment and participation, including a public hearing. This process will culminate in amendments being adopted through the normal rule-making process with any public input received during the comment period having been taken into account.

These amendments are intended to implement Iowa Code sections 232.148, 690.2, and 692.15 as amended by 1999 Iowa Acts, House File 403.

These amendments became effective July 1, 1999.

The following amendments are adopted.

ITEM 1. Amend rule 661--11.8(690) as follows:

661--11.8(690) Taking of fingerprints. The taking of fingerprints shall be in compliance with Iowa Code sections 232.148(2), 690.2 and 690.4. Fingerprints taken pursuant to these sections shall be submitted to the identification section of the division of criminal investigation, within two working days and to the Federal Bureau of Investigation.

ITEM 2. Amend rule 661--11.9(17A,690,692) as follows:

661--11.9(17A,690,692) Arresting agency portion of final disposition form. The sheriff of each county and the chief of police of each city shall complete the arresting agency portion of the final disposition form with the arrest information on all persons whose fingerprints are taken in accordance with the rules or Iowa Code section 690.2, and thereafter forward the form to the appropriate county attorney or to the juvenile court officer who received the referral if the case remains in juvenile court.

ITEM 3. Amend rule 661--11.10(690,692) as follows:

661--11.10(690,692) Final disposition form. The county attorney of each county or juvenile court officer who received the referral shall complete a final disposition report and submit it to the division of criminal investigation within 30 days when a preliminary information or citation is dismissed without new charges being filed, or when a case is ignored by a grand jury. When an indictment is returned or a county attorney's information filed, the final disposition form shall be forwarded by the county attorney to the clerk of the court having jurisdiction. The clerk of court shall forward a copy to the division of criminal investigation within 30 days after judgment. If a juvenile is processed through juvenile court, the juvenile court officer shall forward the disposition form to the division of criminal investigation.

ITEM 4. Amend rule 661--11.19(232) as follows:

Amend subrule 11.19(1) as follows:

11.19(1) Authority to fingerprint. A law enforcement agency may fingerprint and photograph any juvenile ~~who is 14 years of age or older and~~ who has been taken into custody and charged with the commission of an offense which would be ~~an aggravated~~ a serious misdemeanor or above ~~felony~~ if committed by an adult. Fingerprints of juveniles taken pursuant to this subrule shall be submitted to the division of criminal investigation.

Amend subrule 11.19(4), paragraph "c," as follows:

c. Criminal histories of juveniles who remain under the jurisdiction of the juvenile court shall be maintained only if the juvenile is adjudicated delinquent based upon an offense which would be an a serious or aggravated misdemeanor or felony if committed by an adult. The criminal history record established in response to receiving a fingerprint card shall be expunged if the delinquency petition is dismissed. Juvenile court judges shall order that juveniles be fingerprinted and the prints submitted to the division of criminal investigation if the juvenile has been adjudicated delinquent for an offense of serious misdemeanor or above if committed by an adult.

[Filed Emergency 6/30/99, effective 7/1/99]
[Published 7/28/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 7/28/99.

ARC 9216A

PUBLIC SAFETY DEPARTMENT[661]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code section 321.4, the Department of Public Safety hereby rescinds Chapter 21, "State Medical Examiner," Iowa Administrative Code.

1999 Iowa Acts, House File 782, transferred the State Medical Examiner's Office from the Department of Public Safety to the Department of Public Health. This amendment rescinds a chapter of the rules of the Department of Public Safety for which the Department no longer has statutory authority.

Pursuant to Iowa Code subsection 17A.4(2), the Department finds that notice and public participation are impracticable since the Department no longer has authority for the rules.

Pursuant to Iowa Code section 17A.5(2)"b"(2), the Department further finds that the normal effective date of this amendment, 35 days after publication, should be waived and the amendment should be made effective July 1, 1999, after filing with the Administrative Rules Coordinator. This amendment confers a benefit upon the public by providing for timely compliance with the provisions of 1999 Iowa Acts, House File 782, section 6.

This amendment is intended to implement Iowa Code section 691.6 as amended by 1999 Iowa Acts, House File 782.

This amendment became effective July 1, 1999.

The following amendment is adopted.

Rescind and reserve 661--Chapter 21.

[Filed Emergency 6/30/99, effective 7/1/99]

[Published 7/28/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 7/28/99.

FILED

ARC 9232A

LIVESTOCK HEALTH ADVISORY COUNCIL[521]

Adopted and Filed

Pursuant to the authority of Iowa Code section 267.6, the Livestock Health Advisory Council hereby rescinds Chapter 1, "Recommendations," and adopts a new Chapter 1, "Recommendations," Iowa Administrative Code.

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

Notice of Intended Action was published in the Iowa Administrative Bulletin on June 2, 1999, as ARC 9087A. The public hearing was held on June 22, 1999. A change from the Notice of Intended Action is the replacement of the study entitled "Biosecurity protocol for establishing and maintaining a high health status beef herd in Iowa: Focus on Mycobacterium paratuberculosis (Johne's disease), bovine virus, diarrhea virus and bovine leukosis virus," funded at $15,000, with a study entitled "Potential Effects of Epizootic Hemorrhagic Disease on Iowa Cattle," funded at $12,500. The other change increased the funding for Study No. 16 by $2,600.

This amendment was approved at the June 22, 1999, meeting of the Livestock Health Advisory Council.

This amendment will become effective on September 1, 1999.

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

The following recommendation is proposed.

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

CHAPTER 1
RECOMMENDATIONS

521--1.1(267) Recommendation for fiscal year 1999-2000. The livestock health advisory council recommends that this appropriation for fiscal year 1999-2000 be applied in the following manner.

ILHAC Projects Approved for 1999-2000

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

Contingency Funds
$10,713

Total
$277,573

This chapter is intended to implement Iowa Code subsection 267.5(3).

[Filed 7/9/99, effective 9/1/99]
[Published 7/28/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 7/28/99.

ARC 9230A

NATURAL RESOURCES DEPARTMENT[561]

Adopted and Filed

Pursuant to the authority of Iowa Code section 455A.4, the Director of the Department of Natural Resources rescinds Chapter 4, "Agency Procedure for Rule Making," amends Chapter 5, "Petitions for Rule Making," rescinds Chapter 6, "Declaratory Rulings," and adopts new Chapter 4, "Agency Procedure for Rule Making," and Chapter 6, "Declaratory Orders," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on April 21, 1999, as ARC 8924A. No comments were received. The following changes have been made from the Notice: The address for the Wallace State Office Building has been corrected; in rule 561-- 6.7(17A), the word "ruling" has been changed to "order".

These amendments adopt the new uniform rules and allow the Department's rules to conform to the recent changes in the Iowa Administrative Procedure Act, Iowa Code chapter 17A. This rule making also makes minor changes to Chapter 5, "Petitions for Rule Making," in order to update addresses within the chapter.

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

These amendments will become effective on September 1, 1999.

The following amendments are adopted.

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

CHAPTER 4
AGENCY PROCEDURE FOR RULE MAKING

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

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

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

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

561--4.5(17A) Public participation.

4.5(1) Written comments. In lieu of the words "(identify office and address)", insert "Compliance and Enforcement Bureau, Environmental Protection Division, Department of Natural Resources, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319".

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

561--4.6(17A) Regulatory analysis.

4.6(2) Mailing list. In lieu of the words "(designate office)", insert "Compliance and Enforcement Bureau, Environmental Protection Division, Department of Natural Resources, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319".

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

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

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

4.11(1) General. In lieu of the words "(specify the office and address)", insert "Compliance and Enforcement Bureau, Environmental Protection Division, Department of Natural Resources, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319".

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

4.13(2) Contents.

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

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

561--5.1(17A) Petition for rule making. In lieu of the words "(designate office)", insert "~~Government Liaison Bureau, Coordination and Information Division,~~ Compliance and Enforcement Bureau, Environmental Protection Division, Department of Natural Resources, ~~900 East Grand Avenue~~ 502 East 9th Street, Des Moines, Iowa 50319-0034, telephone (515)281-8941". Also, in lieu of the words "(AGENCY NAME)", insert "DEPARTMENT OF NATURAL RESOURCES".

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

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

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

CHAPTER 6
DECLARATORY ORDERS

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

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

BEFORE THE
DEPARTMENT OF NATURAL RESOURCES

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

561--6.3(17A) Intervention.

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

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

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

BEFORE THE
DEPARTMENT OF NATURAL RESOURCES

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

561--6.5(17A) Inquiries. In lieu of the words "(designate official by full title and address)", insert "Bureau Chief, Compliance and Enforcement Bureau, Environmental Protection Division, Department of Natural Resources, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319".

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

6.6(2) Filing--when required. In lieu of the words "(specify office and address)", insert "Director's Office, Department of Natural Resources, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319-0034". In lieu of the words "(agency name)", insert "department of natural resources".

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

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

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

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

3. Request additional information from the petitioner, or

4. Decline to issue an order, as specified in rule 6.5(17A).

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

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

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

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

[Filed 7/9/99, effective 9/1/99]

[Published 7/28/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 7/28/99.

ARC 9225A

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

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

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

Notice of Intended Action was published in the Iowa Administrative Bulletin on May 19, 1999, as ARC 9029A. A public hearing was held on June 8, 1999, from 8 to 10 a.m. in the Professional Licensure Conference Room, Fifth Floor, Lucas State Office Building, Des Moines, Iowa. No public comments were received. The adopted amendments are unchanged from those published under Notice of Intended Action.

These amendments were adopted by the Board of Physical and Occupational Therapy Examiners on July 7, 1999.

These amendments will become effective September 1, 1999.

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

The following amendments are adopted.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Filed 7/9/99, effective 9/1/99]

[Published 7/28/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 7/28/99.

ARC 9226A

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

Pursuant to the authority of Iowa Code section 147.76, the Board of Podiatry Examiners amends Chapter 220, "Podiatry Examiners," and rescinds Chapter 225, "Impaired Practitioner Review Committee," Chapter 226, "Child Support Noncompliance," Chapter 227, "Petitions for Rule Making," Chapter 228, "Agency Procedure for Rule Making," Chapter 229, "Public Records and Fair Information Practices," and Chapter 230, "Declaratory Rulings," 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 8881A. 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 Podiatry Examiners on July 1, 1999.

The amendments will become effective September 1, 1999.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapters 147, 149 and 272C.

The following amendments are adopted.

ITEM 1. Rescind and reserve rules 645-- 220.201(272C) to 645--220.211(272C).

ITEM 2. Rescind and reserve rules 645-- 220.213(272C) and 645--220.300(21).

ITEM 3. Rescind and reserve 645--Chapter 225, "Impaired Practitioner Review Committee," 645--Chapter 226, "Child Support Noncompliance," 645--Chapter 227, "Petitions for Rule Making," 645--Chapter 228, "Agency Procedure for Rule Making," 645--Chapter 229, "Public Records and Fair Information Practices," and 645--Chapter 230, "Declaratory Rulings."

[Filed 7/9/99, effective 9/1/99]

[Published 7/28/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 7/28/99.

ARC 9227A

PUBLIC BROADCASTING DIVISION[288]

Adopted and Filed

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

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

Notice of Intended Action was published in the Iowa Administrative Bulletin on June 2, 1999, as ARC 9060A. No public comments were received on these rules. The adopted rules are identical to the ones published under Notice.

The adoption of these rules was approved during the April 14, 1999, meeting of the Public Broadcasting Board.

These rules will become effective September 1, 1999.

These rules 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 11, 12, 13] is being omitted. These rules are identical to those published under Notice as ARC 9060A, IAB 6/2/99.

[Filed 7/9/99, effective 9/1/99]
[Published 7/28/99]

[For replacement pages for IAC, see IAC Supplement 7/28/99.]

ARC 9228A

REVENUE AND FINANCE DEPARTMENT[701]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 421.14 and 422.68, the Department of Revenue and Finance hereby adopts amendments to Chapter 18, "Taxable and Exempt Sales Determined by Method of Transaction or Usage," Iowa Administrative Code.

Notice of Intended Action was published in the IAB, Volume XXI, Number 25, page 2943, on June 2, 1999, as ARC 9066A.

Rule 701--18.5(422,423) is amended to state explicitly that an independent contractor doing business with a governmental entity is not entitled to claim an exemption from sales tax for its purchases by virtue of this association.

This amendment is identical to that published under Notice of Intended Action.

This amendment will become effective September 1, 1999, after filing with the Administrative Rules Coordinator and publication in the Iowa Administrative Bulletin.

This amendment is intended to implement Iowa Code section 422.45, subsection 5.

The following amendment is adopted.

Amend rule 701--18.5(422,423), last unnumbered paragraph, as follows:

This tax exemption does not apply to independent contractors who deal with agencies, instrumentalities, or other entities of government. These contractors do not, by virtue of their contracting with governmental entities, acquire any immunity or exemption from taxation for themselves. Sales to these contractors remain subject to tax, even if those sales are of goods or services which a contractor will use in the performance of a contract with a governmental entity. This principle is applicable to construction contractors who create or improve real property for federal, state, county, and municipal instrumentalities or agencies thereof. The contractors~~, therefore,~~ shall be subject to sales and use tax on all tangible personal property they purchase regardless of the identity of their construction contract sponsor. See 701--Chapter 19. See also NLO, Inc. v. Limbach, 613 N.E.2d 193, 66 Ohio St.3d 389 (1993); Bill Roberts Inc. v. McNamara, 539 So.2d 1226 (La. 1989) reh. den. April 27, 1989; White Oak Corporation v. Department of Revenue Services, 503 A.2d 582, 198 Conn. 413 (1986).

[Filed 7/9/99, effective 9/1/99]

[Published 7/28/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 7/28/99.

ARC 9221A

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Adopted and Filed

Pursuant to the authority of Iowa Code section 96.11, the Workforce Development Department hereby amends Chapter 24, "Claims and Benefits," Iowa Administrative Code.

This amendment is identical to that published under Notice of Intended Action in the June 2, 1999, Iowa Administrative Bulletin as ARC 9064A.

The amendment rescinds and reserves subrule 24.26(14) because the Administrative Rules Review Committee imposed an objection on the subrule and indicated that this issue should be referred to the legislature for consideration at the next session.

The amendment will become effective September 1, 1999, after filing with the Administrative Rules Coordinator and publication in the Iowa Administrative Bulletin.

This amendment is intended to implement Iowa Code sections 84A.1, 96.4(6)"a," 96.5(1), 96.6(2), 96.7(8), 96.10, 96.12, and 96.14.

The following amendment is adopted.

Rescind and reserve subrule 24.26(14).

[Filed 7/9/99, effective 9/1/99 ]

[Published 7/28/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 7/28/99.

ARC 9215A

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Adopted and Filed

Pursuant to the authority of Iowa Code section 96.11, the Director of the Workforce Development Department hereby amends Chapter 26, "Contested Case Proceedings," Iowa Administrative Code.

Item 1 replaces the term "administrative law judge" with the term "presiding officer" when referring to the individual conducting a contested case hearing to conform with terminology used in 1998 Iowa Acts, chapter 1202, which amends Iowa Code chapter 17A.

Item 2 amends the term "contested case" by including no factual dispute contested case as defined in 1998 Iowa Acts, chapter 1202, which amends Iowa Code chapter 17A, clarifies the definition of "party" and defines the term "presiding officer."

Item 3 allows the commencement of an unemployment insurance benefit contested case by filing an appeal by fax as well as by mail or in person as now permitted.

Item 4 allows the commencement of an unemployment insurance employer tax contested case by filing an appeal by fax as well as by mail or in person as now permitted.

Item 5 adds a description of who will serve as presiding officer to the information contained in the notice of hearing on the contested case.

Item 6 clarifies the circumstances in which a presiding officer would withdraw from participation in the hearing or decision making in a contested case because of personally investigating a controversy culminating in a contested case.

Item 7 alters discovery procedures by having the party responding to a discovery request provide the requested material directly to the opposing party rather than to the Appeals Section for forwarding to the opposing party.

Item 8 adds new subrules to the rule concerning ex parte communications clarifying when prohibition on ex parte communications commences, identifying types of communications which do not require notice to the opposing party, specifying the response required of a presiding officer who receives a prohibited ex parte communication, and allowing the presiding officer and chief administrative law judge to impose specified sanctions for violations of the rule.

Item 9 clarifies the rule on the conduct of contested case hearings by specifying that the presiding officer in each case in which the agency is a party will be an administrative law judge employed by the Division of Administrative Hearings of the Department of Inspections and Appeals.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8791A. Comments were solicited until April 13, 1999. Written comments were received about subrule 26.14(1). Pursuant to those comments, the subrule has been modified and now reads as follows:

"26.14(1) Each contested case hearing shall be heard and decided by a presiding officer who is an administrative law judge.

"a. All contested case hearings except as provided in paragraphs "b" and "c" below shall be heard and decided by an administrative law judge employed by the department of workforce development. The qualifications for administrative law judges employed by the department of workforce development shall be the same as the qualifications for administrative law judges employed by the division of administrative hearings of the department of inspections and appeals.

"b. All contested case hearings in which the department of workforce development is a party shall be heard and decided by a presiding officer who is an administrative law judge employed by the division of administrative hearings of the department of inspections and appeals.

"c. The department of workforce development is a party to all contested case hearings in which it is the employer. It is a party to those contested case hearings involving issues of employer liability, employee/independent contractor status, fraudulent overpayment and administrative penalty in which it or any of its employees request the right to participatein the hearing by offering testimony and cross-examining witnesses for other parties."

These amendments will become effective September 1, 1999.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapter 96.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [amendments to Ch 26] is being omitted. With the exception of the change noted above, these rules are identical to those published under Notice as ARC 8791A, IAB 3/24/99.

[Filed 7/2/99, effective 9/1/99]
[Published 7/28/99]

[For replacement pages for IAC, see IAC Supplement 7/28/99.]

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Last update: Wed Jul 28 0:10:04 CDT 1999
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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
4	Friday, August 6, 1999	August 25, 1999
5	Friday, August 20, 1999	September 8, 1999
6	Friday, September 3, 1999	September 22, 1999

AGENCY	HEARING LOCATION	DATE AND TIME OF HEARING
AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]
Organic certification and organic standards, ch 47 IAB 7/14/99 ARC 9200A	Farmer's Savings Bank 205 Vine St. West Union, Iowa	August 3, 1999 7 p.m.
	Farm Credit Services 700 Farm Credit Dr. Ottumwa, Iowa	August 5, 1999 7 p.m.
	Public Library 507 Poplar Atlantic, Iowa	August 12, 1999 7 p.m.
	Chamber of Commerce 119 W. 6th St. Storm Lake, Iowa	August 17, 1999 7 p.m.
	Conference Room--2nd Floor Wallace State Office Bldg. Des Moines, Iowa	August 19, 1999 10 a.m.
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]
ACE PIAP program, ch 20 IAB 7/14/99 ARC 9182A (See also ARC 9183A)	Main Conference Room 200 E. Grand Ave. Des Moines, Iowa	August 5, 1999 10 a.m.
Housing fund, ch 25 IAB 7/14/99 ARC 9181A	Main Conference Room 200 E. Grand Ave. Des Moines, Iowa	August 3, 1999 1:30 p.m.
REACH--community attraction and tourism development program, ch 65 IAB 7/14/99 ARC 9185A (See also ARC 9186A)	Main Conference Room 200 E. Grand Ave. Des Moines, Iowa	August 4, 1999 1 p.m.
EDUCATION DEPARTMENT[281]
Standards for practitioner preparation programs, ch 79 IAB 6/30/99 ARC 9130A	Conference Room 3 North--3rd Floor Grimes State Office Bldg. Des Moines, Iowa	August 30, 1999 2 p.m.
INSURANCE DIVISION[191]
Health care service and treatment coverage, amendments to chs 27, 35, 40, 71, 75 IAB 7/14/99 ARC 9194A (See also ARC 9213A)	330 E. Maple St. Des Moines, Iowa	August 3, 1999 10 a.m.
LAW ENFORCEMENT ACADEMY[501]
Minimum standards for Iowa law enforcement officers, 2.1, 2.2, 2.4, 2.5 IAB 7/14/99 ARC 9178A	Conference Room Law Enforcement Academy Camp Dodge Johnston, Iowa	August 3, 1999 9 a.m.
LIBRARIES AND INFORMATION SERVICES DIVISION[286]
Enrich Iowa program, 3.2 IAB 6/30/99 ARC 9160A (See also ARC 9159A)	Conference Room State Library E. 12th and Grand Des Moines, Iowa	August 4, 1999 10 a.m.
NATURAL RESOURCE COMMISSION[571]
Zoning of Mississippi River, McGregor, Clayton County, 40.47 IAB 6/30/99 ARC 9171A	West Conference Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa	August 4, 1999 9 a.m.
PUBLIC HEALTH DEPARTMENT[641]
Mutual consent voluntary adoption registry, ch 107 IAB 7/28/99 ARC 9222A	South Conference Room--5th Floor Lucas State Office Bldg. Des Moines, Iowa	August 17, 1999 1 to 2 p.m.
Trauma system evaluation quality improvement committee, ch 138 IAB 6/30/99 ARC 9176A (ICN Network)	National Guard Armory 11 E. 23rd St. Spencer, Iowa	August 3, 1999 1 to 2 p.m.
	National Guard Armory 1712 LaClark Rd. Carroll, Iowa	August 3, 1999 1 to 2 p.m.
	National Guard Armory 1160 10th St. SW Mason City, Iowa	August 3, 1999 1 to 2 p.m.
	ICN Room--6th Floor Lucas State Office Bldg. Des Moines, Iowa	August 3, 1999 1 to 2 p.m.
	National Guard Armory 195 Radford Rd. Dubuque, Iowa	August 3, 1999 1 to 2 p.m.
	National Guard Armory 501 Hwy. 1 South Washington, Iowa	August 3, 1999 1 to 2 p.m.
PUBLIC SAFETY DEPARTMENT[661]
Sex offender registry, 8.302 to 8.304 IAB 7/28/99 ARC 9217A (See also ARC 9218A herein)	Conference Room--3rd Floor Wallace State Office Bldg. Des Moines, Iowa	September 2, 1999 9:30 a.m.
Fingerprints and photographs-- juveniles, 11.8 to 11.10, 11.19 IAB 7/28/99 ARC 9219A (See also ARC 9220A herein)	Conference Room--3rd Floor Wallace State Office Bldg. Des Moines, Iowa	September 2, 1999 10 a.m.
TREASURER OF STATE[781]
LIFT--traditional livestock producer's linked investment loan program, 4.10 IAB 7/14/99 ARC 9209A (See also ARC 9210A)	Treasurer of State's Office State Capitol Bldg. Des Moines, Iowa	August 6, 1999 1 p.m.

ILHAC Projects Approved for 1999-2000
1.	The role of immediate hypersensitivity in Haemophilus somnus-induced bovine respiratory disease	$20,000
2.	Investigation into the prevalence of H3N2 swine influenza virus infections in U.S. swine	$20,000
3.	Specific effect of PrP scrapie on types of brain cells	$15,000
4.	Gene discovery in veterinary mycoplasmal pathogens	$20,000
5.	Antigenic characterization of PRRS virus isolates associated with acute PRRS and vaccination failure	$20,000
6.	Prevention and control of turkey rhinotracheitis (TRT): development of an inactivated vaccine	$18,000
7.	Efficacy of a vaccine in control of Johne's disease in cattle	$17,940
8.	Potential effects of epizootic hemorrhagic disease on Iowa cattle	$12,500
9.	Treatment and prevention of cryptosporidiosis of calves: screening of potential anti-cryptosporidial compounds in mice and calves	$20,000
10.	Development of immunoprophylaxis for the prevention and control of bovine papillomatous digital dermatitis (hairy heel wart)	$19,500
11.	Are granulocyte adapted Salmonella vaccines host species specific?	$15,920
12.	Impact of sulfate, dissolved solids, iron, and other drinking water quality parameters to on-farm performance and health of dairy cattle in Iowa: implications for dairy industry	$10,000
13.	Assessing the role of porcine circovirus I postweaning multisystemic wasting syndrome (PMWS) using a case-control study	$18,000
14.	Bacteriological and serological survey of commercial chicken laying hens flocks for Ornithobacterium rhinotracheale	$7,000
15.	Mycoplasma hyopneumoniae: comparison of immunological responses to vaccination and/or challenge in pigs with or without maternal antibodies	$18,000
16.	Transformation of Mycoplasma bovis as an aid in identification of virulence factors	$15,000
	Contingency Funds	$10,713
	Total	$277,573

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