Administrative Code Bulletin: Aug. 25, 1999

IOWA ADMINISTRATIVE BULLETIN

Published Biweekly VOLUME XXII NUMBER 4 August 25, 1999 Pages 273 to 304

CONTENTS IN THIS ISSUE

Pages 289 to 301 include ARC 9276A to ARC 9291A

AGENDA

Administrative rules review committee 277

AGRICULTURE AND LAND STEWARDSHIP
DEPARTMENT[21]

Filed, Pseudorabies in swine, 64.153, 64.157(2)
ARC 9282A 299

Filed Emergency, 1999 corn harvest storage,
90.31 ARC 9279A 298

ALL AGENCIES

Schedule for rule making 275

Publication procedures 276

Agency identification numbers 284

CITATION OF ADMINISTRATIVE RULES 283

DELAYS

Professional Licensure Division[645]
Social workers, amendments to ch 280;
rescission of chs 281 to 285, 289, Delay Lifted 302

Workforce Development Department[871]
Contested cases, 26.2 to 26.17 302

HUMAN SERVICES DEPARTMENT[441]

Notice, Food stamp program--utility deduction,
65.8, 65.22(1) ARC 9278A 289

Notice, Food stamp program--household's
total gross earned income, 65.10 ARC 9277A 290

Notice, Foster care--independent living,
156.12(1) ARC 9276A 290

INSPECTIONS AND APPEALS DEPARTMENT[481]

Notice, Hospital equipment purchases, 51.22
ARC 9284A 291

LABOR SERVICES DIVISION[875]

WORKFORCE DEVELOPMENT DEPARTMENT[871]"umbrella"

Notice, Occupational injuries, 4.4, 4.19
ARC 9287A 291

Notice, Employee discrimination, 9.4
ARC 9286A 292

Notice, General industry, 10.20 ARC 9288A 292

Notice, Construction safety and health, 26.1
ARC 9290A 293

Notice, Employment agency licensing,
38.1 to 38.10 ARC 9289A 294

LIBRARIES AND INFORMATION SERVICES
DIVISION[286]

EDUCATION DEPARTMENT[281]"umbrella"

Filed, Enrich Iowa program, 3.2 ARC 9285A 300

NURSING BOARD[655]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Notice, Licensure/registration fees, 3.1, 7.1
ARC 9281A 295

PROFESSIONAL LICENSURE DIVISION[645]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Delay Lifted, Social workers, amendments to
ch 280; rescission of chs 281 to 285, 289 302

Filed, Hearing aid dealers--agency procedures,
120.201 to 120.211, 120.213, 120.300,
chs 121 to 125, 129 ARC 9291A 300

PUBLIC FUNDS--AVAILABILITY

Public Health Department[641]
PRIMECARRE community grant program 286
PRIMECARRE loan repayment program 287
Substance abuse/tobacco preclusion program 288

PUBLIC HEALTH DEPARTMENT[641]

Notices of Public Funds Availability 286

PUBLIC HEARINGS

Summarized list 280

REVENUE AND FINANCE DEPARTMENT[701]

Notice, Valuation of pipelines, 77.7 ARC 9283A 296

TRANSPORTATION DEPARTMENT[761]

Filed, Certificate of title from foreign jurisdiction,
400.4 ARC 9280A 301

TREASURER OF STATE

Notice--Public funds interest rates 296

WORKFORCE DEVELOPMENT
DEPARTMENT[871]

Delay, Contested cases, 26.2 to 26.17 302

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
6
Friday, September 3, 1999
September 22, 1999
7
Friday, September 17, 1999
October 6, 1999
8
Friday, October 1, 1999
October 20, 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 Wednesday, September 15, 1999, at 9:30 a.m. in House Committee Room 1, State Capitol, Des Moines, Iowa. The following rules will be reviewed:

Bulletin

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Infectious and contagious diseases, 64.153(4), 64.153(5), 64.157(2)"c"(3) and (6) to (8), Filed ARC 9282A 8/25/99

Licensed warehouses--emergency storage space, 90.31, Filed Emergency ARC 9279A 8/25/99

ATTORNEY GENERAL[61]

Acquisition negotiation statement of rights, ch 34, Notice ARC 9241A 8/11/99

COLLEGE STUDENT AID COMMISSION[283]

EDUCATION DEPARTMENT[281]"umbrella"

Eligibility--Iowa tuition grant program, 12.2(1), Notice ARC 9244A 8/11/99

DENTAL EXAMINERS BOARD[650]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Dental hygienists--monitoring of nitrous oxide inhalation analgesia, 10.3(1), 29.6(4) to 29.6(6), Filed ARC 9274A 8/11/99

Continuing education, 25.3(4), 25.3(7)"b," Notice ARC 9275A 8/11/99

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

Iowa community development block grant program--flexibility contingency fund, 23.4(5), 23.10,
Notice ARC 9245A, also Filed Emergency ARC 9246A 8/11/99

Community planning and development fund, ch 41, rescind chs 42, 46 to 49, Notice ARC 9247A 8/11/99

EDUCATIONAL EXAMINERS BOARD[282]

EDUCATION DEPARTMENT[281]"umbrella"

Student loan default/noncompliance with agreement for payment of obligation, ch 9, Filed ARC 9259A 8/11/99

Definition of sexual involvement with a student, 12.2(1)"c," Filed ARC 9261A 8/11/99

Late renewal fee, current ch 14: 14.32(6); ch 14 as effective August 31, 2001: 14.21(6), Filed ARC 9260A 8/11/99

ENGINEERING AND LAND SURVEYING EXAMINING BOARD[193C]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Cutoff dates for applications to take examinations, 1.5, Filed Emergency After Notice ARC 9256A 8/11/99

Discipline and professional conduct of licensees, 4.5(2), 4.36(5), Filed ARC 9257A 8/11/99

ENVIRONMENTAL PROTECTION COMMISSION[567]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Agency procedure for rule making; petitions for rule making; declaratory orders, chs 4 to 6, Filed ARC 9250A 8/11/99

Public and private drinking water supply, 40.1 to 40.3, 40.3(1), 40.4(1), 40.4(2)"b," 40.5 to 40.7, Filed ARC 9248A 8/11/99

Water supplies, 41.1, 41.2(1)"b," 41.2(1)"c"(1)"5" and "6," 41.2(1)"c"(2)"5," 41.2(1)"c"(4)"2," 41.2(1)"c"(5),
41.2(1)"d," 41.2(1)"e"(1) to (7), 41.2(3)"e," 41.2(4), 41.3(1)"a," 41.3(1)"b"(1) to (3), 41.3(1)"c"(1),
41.3(1)"c"(2)"4," 41.3(1)"c"(3)"3," 41.3(1)"c"(4)"4" and "8," 41.3(1)"c"(5), 41.3(1)"c"(6)"3," 41.3(1)"c"(7),
41.3(1)"c"(8)"3," 41.3(1)"d," 41.3(1)"e"(1) to (4), 41.3(1)"f," 41.4(1)"b," 41.4(1)"c"(2) to (4), 41.4(1)"d,"
41.4(1)"d"(1) to (6), 41.4(1)"e" to "g," 41.5(1)"b," 41.5(1)"c"(2)"2," "3" and "6," 41.5(1)"c"(3) to (5),
41.5(1)"d" and "e," 41.5(1)"f"(1) to (4), 41.7(1)"b"(4), 41.7(1)"c"(2), 41.7(1)"e"(1) and (2), 41.7(2)"a" to "c,"
41.7(2)"e"(1) and (2), 41.7(3)"e," 41.7(4)"e," 41.8(2), 41.9 to 41.11, 41.11(1)"b" and "c," 41.11(1)"d"(1) and (2),
41.11(2), 41.11(3), Filed ARC 9249A 8/11/99

Public notification, public education, consumer confidence reports, reporting, and record maintenance, ch 42,
Filed ARC 9255A 8/11/99

Water supplies--design and operation, 43.1(3) to 43.1(5), 43.2, 43.3(1) to 43.3(3), 43.3(7), 43.3(8),
43.3(10)"a" to "c," "e" and "f," 43.5, 43.7, 43.8, ch 43 tables A and B, Filed ARC 9254A 8/11/99

Aquifer storage and recovery: criteria and conditions for authorizing storage, recovery, and use of water, ch 55,
Filed ARC 9252A 8/11/99

Laboratory certification, 83.1, 83.2, 83.3(1) to 83.3(3), 83.4, 83.5, 83.6(1) to 83.6(7), 83.7, Filed ARC 9251A 8/11/99

HISTORICAL DIVISION[223]

CULTURAL AFFAIRS DEPARTMENT[221]"umbrella"

Historic site preservation grant program, 50.2, 50.3(2), 50.3(6), 50.3(8), 50.6(4), 50.6(9), Filed Emergency ARC 9265A 8/11/99

HUMAN SERVICES DEPARTMENT[441]

Utility deduction, 65.8(1), 65.8(5), 65.8(10), 65.22(1)"e," Notice ARC 9278A 8/25/99

Food stamp households--reporting changes, 65.10, Notice ARC 9277A 8/25/99

Food stamp program, 65.10, 65.19(17), 65.27, 65.28(12) to 65.28(14), 65.28(18), 65.40, 65.46(5), Filed ARC 9233A 8/11/99

Form names and numbers; payment of nonrecurring adoption expenses, 78.13(10)"a," 150.5(5), 151.28(4)"a,"
151.49(6), 151.70, 151.86, 153.57(3)"a," 156.8(3) to 156.8(5), 167.3(2), 167.5, 176.16(3), 179.9(2), 179.10(1),
179.10(2), 201.3(2)"a" and "b," Filed ARC 9234A 8/11/99

Data and cost reporting; recalibration of DRG and APG weights; distribution of funds, 79.1(5)"a" and "c," 79.1(5)"e"(3),
79.1(5)"i"(1), 79.1(5)"y," 79.1(16)"a," "d," "j," "p" and "v," Filed ARC 9235A 8/11/99

HAWK-I program, 86.2(2)"a"(1)"3," 86.2(5), 86.2(12), 86.16, Notice ARC 9242A 8/11/99

Debts due from transfers of assets, 89.5, 89.7, Filed ARC 9237A 8/11/99

Child support collections; collections services center, 95.1, 95.3, 95.7(9), 95.13, 95.19(1)"b"(5), ch 97, Filed ARC 9238A 8/11/99

Maximum monthly maintenance payment for a child in an independent living situation, 156.12(1), Notice ARC 9276A 8/25/99

Bachelor and master social workers providing behavioral health care therapy and skill development services
in the rehabilitative treatment services program, 185.10(1)"a"(6), 185.10(1)"b"(7), Filed ARC 9239A 8/11/99

INSPECTIONS AND APPEALS DEPARTMENT[481]

Purchase of equipment by hospitals for patient care, 51.22, rescind 51.22(1) to 51.22(6), Notice ARC 9284A 8/25/99

INSURANCE DIVISION[191]

COMMERCE DEPARTMENT[181]"umbrella"

Viatical settlement contracts, 50.120 to 50.124, Notice ARC 9273A 8/11/99

IOWA FINANCE AUTHORITY[265]

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

Low-income housing tax credits, ch 12, Notice ARC 9271A 8/11/99

LABOR SERVICES DIVISION[875]

WORKFORCE DEVELOPMENT DEPARTMENT[871]"umbrella"

Recording and reporting occupational injuries and illnesses--filing by facsimile, 4.4(2), 4.4(3), 4.19"3,"
Notice ARC 9287A 8/25/99

Persons prohibited from discriminating, 9.4, Notice ARC 9286A 8/25/99

General industry safety and health, 10.20, Notice ARC 9288A 8/25/99

Construction safety and health, 26.1, Notice ARC 9290A 8/25/99

Employment agency licensing, 38.1, 38.2(1) to 38.2(5), 38.2(7), 38.3 to 38.5, 38.6(1) to 38.6(6), 38.7, 38.8(1),
38.8(2)"c," 38.8(3), 38.8(3)"a" and "b," 38.8(4), 38.9(1), 38.9(2), 38.9(4), 38.10, Notice ARC 9289A 8/25/99

LIBRARIES AND INFORMATION SERVICES DIVISION[286]

EDUCATION DEPARTMENT[281]"umbrella"

Enrich Iowa program, 3.2, Filed ARC 9285A 8/25/99

NURSING BOARD[655]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Licensure/registration fees, 3.1, 7.1, Notice ARC 9281A 8/25/99

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

Deductible options for insurance coverage, 10.2, Notice ARC 9263A 8/11/99

Remedial or insurance claims, 11.1(3)"n"(13), 11.1(5)"g," Notice ARC 9264A 8/11/99

PROFESSIONAL LICENSURE DIVISION[645]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Barber examiners, 20.214(9), Notice ARC 9269A 8/11/99

Cosmetology arts and sciences examiners, 61.1(6)"f," 62.1(10), 62.1(20), Notice ARC 9270A 8/11/99

Hearing aid dealers, rescind 120.201 to 120.211, 120.213, 120.300, chs 121 to 125 and 129, Filed ARC 9291A 8/25/99

REAL ESTATE COMMISSION[193E]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Prelicensure education and continuing education, 3.2(2), 3.2(3), 3.3(2), 3.4(1), Notice ARC 9258A 8/11/99

REVENUE AND FINANCE DEPARTMENT[701]

References--contested cases, 6.2, 6.4, 6.5, 11.6(2), 11.6(3), 12.9, 38.7, 38.11, 40.46(4), 43.2, 51.2(1)"h," 51.8,
54.6(1)"f," 54.9, 55.4, 57.2(1)"h," 59.29, 63.2, 63.22, 67.2, 67.20, 67.23(3), 67.23(4), 68.11, 81.6, 81.11(2),
81.12, 86.3(4), 89.11, 103.2, 103.6(2), 104.6, Notice ARC 9262A 8/11/99

Valuation of pipelines, 77.7, Notice ARC 9283A 8/25/99

TRANSPORTATION DEPARTMENT[761]

Motor carriers; for-hire intrastate motor carrier authority, rescind ch 523, adopt ch 524, rescind chs 525, 528,
Filed ARC 9236A 8/11/99

For-hire interstate motor carrier authority, ch 529, Filed ARC 9240A 8/11/99

Titles from foreign jurisdictions, 400.4(8), 400.4(9), Filed ARC 9280A 8/25/99

UTILITIES DIVISION[199]

COMMERCE DEPARTMENT[181]"umbrella"

Rule-making procedures, 1.3, ch 3, Notice ARC 9272A 8/11/99

Unauthorized changes of telecommunications service, 6.8, 22.23, Notice ARC 9267A 8/11/99

Unauthorized changes of telecommunications service, 6.8, 22.23, Filed Emergency ARC 9268A 8/11/99

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

DENTAL EXAMINERS BOARD[650]

Continuing education,
25.3
IAB 8/11/99 ARC 9275A
Conference Room--2nd Floor
Executive Hills West
1209 E. Court Ave.
Des Moines, Iowa
September 8, 1999
1 p.m.
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

Community development block grant
program--contingency fund,
23.4(5), 23.10
IAB 8/11/99 ARC 9245A
(See also ARC 9246A)
Main Conference Room
200 E. Grand Ave.
Des Moines, Iowa
August 31, 1999
2:30 p.m.
Community planning and
development fund,
ch 41; rescind chs 42, 46 to 49
IAB 8/11/99 ARC 9247A
Main Conference Room
200 E. Grand Ave.
Des Moines, Iowa
August 31, 1999
1:30 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.
HUMAN SERVICES DEPARTMENT[441]

Drug prior authorization; therapeutic
classes of drugs,
78.1(2), 78.28(1)
IAB 8/11/99 ARC 9243A
(See also ARC 9143A, IAB 6/30/99)
Conference Room--6th Floor
Iowa Bldg., Suite 600
411 Third St. S.E.
Cedar Rapids, Iowa
September 1, 1999
10 a.m.

Administrative Conference Room
417 E. Kanesville Blvd.
Council Bluffs, Iowa
September 1, 1999
9 a.m.

Large Conference Room--5th Floor
Bicentennial Bldg.
428 Western
Davenport, Iowa
September 1, 1999
10 a.m.

Conference Room 102
City View Plaza
1200 University
Des Moines, Iowa
September 1, 1999
10 a.m.

Liberty Room
Mohawk Square
22 N. Georgia Ave.
Mason City, Iowa
September 1, 1999
10 a.m.
HUMAN SERVICES DEPARTMENT[441] (Cont'd)

Conference Room 3
120 E. Main
Ottumwa, Iowa
September 1, 1999
10 a.m.

Fifth Floor
520 Nebraska St.
Sioux City, Iowa
September 2, 1999
1:30 p.m.

Conference Room 420
Pinecrest Office Bldg.
1407 Independence Ave.
Waterloo, Iowa
September 1, 1999
10 a.m.
INSURANCE DIVISION[191]

Unfair trade practices--aftermarket
crash parts in auto insurance policies,
15.15
IAB 8/11/99 ARC 9253A
(See also ARC 9090A, IAB 6/16/99)
Hearing Room
350 Maple St.
Des Moines, Iowa
September 7, 1999
10 a.m.
Viatical settlement contracts,
50.120 to 50.124
IAB 8/11/99 ARC 9273A
330 E. Maple St.
Des Moines, Iowa
September 8, 1999
10 a.m.
IOWA FINANCE AUTHORITY[265]

Low-income housing tax credits,
ch 12
IAB 8/11/99 ARC 9271A
(ICN Network)
IPTV 1
6450 Corporate Dr.
Johnston, Iowa
September 1, 1999
1 p.m.

National Guard Armory
10400 18th St. SW
Cedar Rapids, Iowa
September 1, 1999
1 p.m.

State Room
Clear Lake AEA
9184B 265th St.
Clear Lake, Iowa
September 1, 1999
1 p.m.

National Guard Armory
2415 Kanesville Blvd.
Council Bluffs, Iowa
September 1, 1999
1 p.m.

Mt. Joy Army Aviation Support
Facility
9650 S. Harrison St.
Davenport, Iowa
September 1, 1999
1 p.m.

National Guard Armory
1000 S. Walnut
Mt. Pleasant, Iowa
September 1, 1999
1 p.m.

National Guard Armory
Park West Rd. -- Old Hwy. 34
Red Oak, Iowa
September 1, 1999
1 p.m.

National Guard Armory
102 S. Main St.
Sioux City, Iowa
September 1, 1999
1 p.m.
LABOR SERVICES DIVISION[875]

Report of injury form--filing by
facsimile,
4.4, 4.19
IAB 8/25/99 ARC 9287A
1000 E. Grand Ave.
Des Moines, Iowa
September 22, 1999
2 p.m.
(If requested)
Discrimination against employees,
9.4
IAB 8/25/99 ARC 9286A
1000 E. Grand Ave.
Des Moines, Iowa
September 22, 1999
1 p.m.
(If requested)
General industry safety and health,
10.20
IAB 8/25/99 ARC 9288A
1000 E. Grand Ave.
Des Moines, Iowa
September 22, 1999
2 p.m.
(If requested)
Construction safety and health,
26.1
IAB 8/25/99 ARC 9290A
1000 E. Grand Ave.
Des Moines, Iowa
September 22, 1999
2 p.m.
(If requested)
Employment agency licensing,
38.1 to 38.10
IAB 8/25/99 ARC 9289A
1000 E. Grand Ave.
Des Moines, Iowa
September 22, 1999
1 p.m.
(If requested)
PETROLEUM UST FUND BOARD, IOWA COMPREHENSIVE[591]

Insurance eligibility,
10.2
IAB 8/11/99 ARC 9263A
Conference Room
1000 Illinois St., Suite B
Des Moines, Iowa
August 31, 1999
10 a.m.
Remedial or insurance claims,
11.1
IAB 8/11/99 ARC 9264A
Conference Room
1000 Illinois St., Suite B
Des Moines, Iowa
August 31, 1999
10 a.m.
PROFESSIONAL LICENSURE DIVISION[645]

Barber examiners,
20.214(9)
IAB 8/11/99 ARC 9269A
Conference Room--5th Floor
Lucas State Office Bldg.
Des Moines, Iowa
August 31, 1999
8 to 9 a.m.
Cosmetology,
61.1(3), 62.1
IAB 8/11/99 ARC 9270A
Board Room 525--5th Floor
Lucas State Office Bldg.
Des Moines, Iowa
August 31, 1999
8 to 9 a.m.
PUBLIC SAFETY DEPARTMENT[661]

Sex offender registry,
8.302 to 8.304
IAB 7/28/99 ARC 9217A
(See also ARC 9218A)
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)
Conference Room--3rd Floor
Wallace State Office Bldg.
Des Moines, Iowa
September 2, 1999
10 a.m.
REAL ESTATE COMMISSION[193E]

Prelicense education and
continuing education,
3.2, 3.3(2), 3.4(1)
IAB 8/11/99 ARC 9258A
Conference Room--2nd Floor
1918 S.E. Hulsizer
Ankeny, Iowa
August 31, 1999
9 a.m.
UTILITIES DIVISION[199]

U S WEST communications,
IAB 8/11/99 ARC 9266A
Board Hearing Room
350 Maple St.
Des Moines, Iowa
October 12, 1999
10 a.m.
Rule-making procedures,
1.3, 3.1 to 3.11
IAB 8/11/99 ARC 9272A
Board Hearing Room
350 Maple St.
Des Moines, Iowa
September 15, 1999
10 a.m.
Unauthorized changes of
telecommunications service,
6.8, 22.23
IAB 8/11/99 ARC 9267A
Board Hearing Room
350 Maple St.
Des Moines, Iowa
October 21, 1999
10 a.m.

CITATION of Administrative Rules

The Iowa Administrative Code shall be cited as (agency identification number) IAC
(chapter, rule, subrule, lettered paragraph, or numbered subparagraph).

441 IAC 79 (Chapter)

441 IAC 79.1(249A) (Rule)

441 IAC 79.1(1) (Subrule)

441 IAC 79.1(1)"a" (Paragraph)

441 IAC 79.1(1)"a"(1) (Subparagraph)

The Iowa Administrative Bulletin shall be cited as IAB (volume), (number), (publication
date), (page number), (ARC number).

IAB Vol. XII, No. 23 (5/16/90) p. 2050, ARC 872A

AGENCY IDENTIFICATION NUMBERS

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

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

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

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

The following list will be updated as changes occur:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Agricultural Development Authority[25]

Soil Conservation Division[27]

ATTORNEY GENERAL[61]

AUDITOR OF STATE[81]

BEEF INDUSTRY COUNCIL, IOWA[101]

BLIND, DEPARTMENT FOR THE[111]

CITIZENS' AIDE[141]

CIVIL RIGHTS COMMISSION[161]

COMMERCE DEPARTMENT[181]

Alcoholic Beverages Division[185]

Banking Division[187]

Credit Union Division[189]

Insurance Division[191]

Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]

Architectural Examining Board[193B]

Engineering and Land Surveying Examining Board[193C]

Landscape Architectural Examining Board[193D]

Real Estate Commission[193E]

Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]

Utilities Division[199]

CORRECTIONS DEPARTMENT[201]

Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]

Arts Division[222]

Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

City Development Board[263]

Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]

Educational Examiners Board[282]

College Student Aid Commission[283]

Higher Education Loan Authority[284]

Iowa Advance Funding Authority[285]

Libraries and Information Services Division[286]

Public Broadcasting Division[288]

School Budget Review Committee[289]

EGG COUNCIL[301]

ELDER AFFAIRS DEPARTMENT[321]

EMPOWERMENT BOARD, IOWA[349]

ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA[351]

EXECUTIVE COUNCIL[361]

FAIR BOARD[371]

GENERAL SERVICES DEPARTMENT[401]

HUMAN INVESTMENT COUNCIL[417]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

Status of 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 9278A

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 65, "Administration," appearing in the Iowa Administrative Code.

Under current policy, households applying for the food stamp program that are responsible for utility expenses may elect to receive an actual utility deduction that reflects a monthly average of the anticipated utility expenses, or the appropriate utility standard. The current utility standards which were effective October 1, 1998, are $235 for households with heating or air-conditioning expenses, $115 for households without heating or air-conditioning expenses, and $19 for the telephone standard.

These amendments provide that households that incur utility expenses no longer have the option of choosing to use the actual utility deduction, but shall receive the current appropriate utility standard. Households that share utility expenses with someone outside of the food stamp household shall have the appropriate utility standard prorated among food stamp households and individuals who do not participate in the food stamp program but who share shelter expenses.

States are given the option in the Personal Responsibility and Work Opportunity Reconciliation Act to use utility standards rather than any actual utility expenses. The current process of using the utility standard or actual expenses is cumbersome for both the client and the worker. Households using actual utility expenses must provide months of utility bills as verification to calculate the actual expense. At the present time only .7 percent, or 358 food stamp households, choose to use the actual utility expenses.

These amendments do not provide for waiver in specified situations because federal food stamp law does not allow for any waivers.

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 September 15, 1999.

These amendments are intended to implement Iowa Code section 234.6.

The following amendments are proposed.

ITEM 1. Amend subrules 65.8(1), 65.8(5), and 65.8(10) as follows:

65.8(1) Standard allowance for households with heating or air-conditioning expenses. When a household is receiving heating or air-conditioning service for which it is required to pay or receives assistance under the Low-Income Home Energy Assistance Act (LIHEAA) of 1981, the heating or air-conditioning standard shall be allowed. The standard allowance for utilities which include heating or air-conditioning costs is a single utility standard. This standard is $202 effective August 1, 1991. Beginning October 1, 1992, this allowance shall change annually effective each October 1 using the percent increase reported in the Consumer Price Index Monthly Periodical for January for fuels and other utilities for the average percent increases for the prior year for all urban consumers United States city average. Any numeral after the second digit following the decimal point will be dropped in this calculation. Any decimal amount of .49 or under will be rounded down. Any decimal of .50 or more will be rounded up to the nearest dollar. The cent amount will be included when calculating the next year's increase.

65.8(5) Standard allowance for households without heating or air-conditioning expenses. When a household is receiving some utility service other than heating or air-conditioning for which it is responsible to pay, or receives a fee for excess utility cost which can be for excess heating or air-conditioning expense, the following nonheating or air-conditioning standard shall be allowed. ~~This standard allowance is for households with some utility expenses.~~ These utility expenses cannot ~~include heating or air-conditioning expenses and cannot~~ be solely for telephone. This standard is $103 effective August 1, 1991. Beginning October 1, 1992, this allowance shall change annually effective each October 1 using the percent increase reported in the Consumer Price Index Monthly Periodical for January for electric service for the average percent increases for the prior year for all urban consumers United States city average. Any numeral after the second digit following the decimal point will be dropped in this calculation. Any decimal amount of .49 or under will be rounded down. Any decimal of .50 or more will be rounded up to the nearest dollar. The cent amount will be included when calculating the next year's increase.

65.8(10) Switching between actual utility expenses and the standard utility allowances. Households shall be allowed to switch between the standard utility allowance and using actual utility expenses only at recertification. Sharing utility standards. When a household lives with another individual not participating in the food stamp program, another household participating in the food stamp program, or both, and they share utility expenses, the appropriate utility standard shall be prorated between the food stamp households and the nonparticipating household members who share the expense. The share of the standard shall be determined by considering each food stamp household to be one share of the standard and the other non-food stamp household members who agree to share utility expenses as one share of the standard. When households or individuals share the telephone standard, each must be responsible for a share of the basic fee for telephone service to receive a share of the telephone standard.

ITEM 2. Amend subrule 65.22(1), paragraph "e," as follows:

e. Utilities. Actual utilities (for households required or choosing to use actual utility expenses) shall be verified at time of application and recertification, when reported in the monthly reporting system and whenever a change is reported by the household. Households ~~choosing~~ eligible for a utility standard shall verify responsibility for the utility expense that makes them eligible for that standard when not previously verified, whenever the household has moved or a change in responsibility for utility expenses is reported.

ARC 9277A

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

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

This amendment requires food stamp households that are not subject to monthly reporting to report to the Department when there is a change of more than $100 in the household's total gross earned income.

Federal regulations at CFR 273.12(a)(1)(i) require that households that are not subject to monthly reporting requirements must report changes in total household gross earned income of more than $25 per month. Iowa was granted a waiver to increase this threshold to $80 and a rule was recently adopted to make this change effective November 1, 1999. (See ARC 9233A in the August 11, 1999, Iowa Administrative Bulletin.)

After that rule was adopted, the United States Department of Agriculture notified the states that the threshold could be increased from $80 to $100.

This amendment does not provide for waiver in specified situations because federal food stamp law does not allow for any waivers.

This amendment is intended to implement Iowa Code section 234.12.

The following amendment is proposed.

Amend rule 441--65.10(234) as follows:

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

Households which are exempt from filing a monthly report must report a change in total household gross earned income of more than $80 100 per month.

ARC 9276A

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 234.6, the Department of Human Services proposes to amend Chapter 156, "Payments for Foster Care and Foster Parent Training," appearing in the Iowa Administrative Code.

This amendment provides that the maximum monthly maintenance payment for a child in an independent living situation shall be made pursuant to the foster family care daily maintenance rate for children aged 16 and over. The daily maintenance rate shall be multiplied by 365 and divided by 12. For the current fiscal year, this will implement an increase in the maintenance payment paid to a child in independent living from $485.45 per month to $496.40 per month.

It is the Department's intent that children in independent living receive the same cost-of-living increase as children in foster care and subsidized adoption. The increase has been included in the Department's appropriation.

This amendment does not provide for waivers in specified situations because individuals may request a waiver of the maximum monthly maintenance payment under the Department's general rule on exceptions at rule 441--1.8(217).

This amendment is intended to implement Iowa Code section 234.35.

The following amendment is proposed.

Amend subrule 156.12(1) as follows:

156.12(1) Maintenance. When a child at least aged 16 but under the age of 20 is living in an independent living situation, ~~an amount not to exceed $485.45 per month~~ the maximum monthly maintenance payment for the child shall be made pursuant to the basic daily maintenance rate for a child aged 16 and over in subrule 156.6(1). The maximum monthly payment shall be computed by multiplying the daily rate in subrule 156.6(1) by 365 and dividing by 12. This payment may be paid to the child or another payee, other than a department employee, for the child's care.

ARC 9284A

INSPECTIONS AND APPEALS DEPARTMENT[481]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 135B.7, the Department of Inspections and Appeals gives Notice of Intended Action to amend Chapter 51, "Hospitals," Iowa Administrative Code.

This amendment deletes language requiring the purchase by hospitals of specific equipment for patient care. The revised language gives hospitals discretion in determining equipment purchases in accordance with the needs of the patients.

Interested persons may make written comments or suggestions on the proposed amendment on or before September 14, 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.

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

The following amendment is proposed.

Amend rule 481--51.22(135B), introductory paragraph, as follows:

481--51.22(135B) Equipment for patient care. Hospital equipment shall be selected, maintained and ~~used~~ utilized in accordance with the needs of the patients.

Further amend rule 481--51.22(135B) by rescinding subrules 51.22(1) to 51.22(6).

ARC 9287A

LABOR SERVICES DIVISION[875]

Notice of Intended Action

Pursuant to the authority of Iowa Code sections 17A.3(1) and 91.6, the Labor Commissioner hereby gives Notice of Intended Action to amend Chapter 4, "Recording and Reporting Occupational Injuries and Illnesses," Iowa Administrative Code.

These amendments relate to Division of Workers' Compensation rule 876--4.39(17A,86) on filing by facsimile. The first report of injury form is used by the Division of Workers' Compensation and the Division of Labor Services. The form is to be filed with the Division of Workers' Compensation.

If requested by September 17, 1999, a public hearing will be held on September 22, 1999, at 2 p.m. in the offices of the Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa. Any interested person will be given the opportunity to make oral statements and make documentary and physical submissions, which may include data, views, comments, or arguments concerning the proposed amendments. The facility for the oral presentations is accessible to and functional for persons with physical disabilities. Persons who have special requirements should contact the Division's rules coordinator at (515)281-3445 in advance to arrange access or other needed services.

Written data or arguments to be considered in adoption shall be submitted by interested persons no later thanSeptember 24, 1999, to the Deputy Labor Commissioner, Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209, or faxed to (515)281-7995.E-mail may be sent to wally.johnson@iwd.state.ia.us.

The Division has determined that this Notice of Intended Action may have an impact on small business. These amendments will not necessitate combined expenditures exceeding $100,000 by all political subdivisions or agencies and entities which contract with political subdivisions to provide services.

The Division will issue a regulatory analysis as provided by 1998 Iowa Acts, chapter 1202, section 10(2)"a" and "b," if a written request is filed by delivery or by mailing postmarked no later than September 27, 1999, to the Deputy Labor Commissioner, Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319. The request may be made by the Administrative Rules Review Committee, the Administrative Rules Coordinator, at least 25 persons who sign a request provided that each represents a different small business, or an organization representing at least 25 small businesses. The organization shall list the names, addresses and telephone numbers of not less than 25 small businesses it represents.

These amendments do not provide for waivers in specified situations because no waiver is appropriate in any situation. These amendments present an alternative to previous procedures.

These amendments are intended to implement Iowa Code sections 88.2, 88.6(3), and 88.18.

The following amendments are proposed.

ITEM 1. Amend subrule 4.4(2) to read as follows:

4.4(2) All employers shall report in writing to the Iowa ~~industrial commissioner of the department of workforce development, division of industrial services~~ division of workers' compensation, any occupational injury or illness which temporarily disables an employee for more than three days or which results in permanent total disability, permanent partial disability or death. This report shall be made within four days from such event when such injury or illness is alleged by the employee to have been sustained in the course of the employee's employment. The form to be used for reporting under this subrule is the Iowa Form No. L-1/WC-1(309- 5012). A report to the ~~department of workforce development,~~ division of ~~industrial services~~ workers' compensation, is considered to be a report to the ~~department of workforce development,~~ division of labor services. The division of ~~industrial services~~ workers' compensation shall forward all reports to the division of labor services. This rule does not excuse employers from notifying the division of labor services of fatality or multiple hospitalization accidents as required by rule 875--4.8(88).

ITEM 2. Adopt new subrule 4.4(3) as follows:

4.4(3) Filing by facsimile transmission (fax). All documents filed with the division pursuant to this chapter may be filed by facsimile transmission (fax). A copy shall be filed for each case involved. A document filed by fax is presumed to be an accurate reproduction of the original. If a document filed by fax is illegible, a legible copy may be submitted and the date of filing shall be the date the illegible copy was received. The date of filing by fax is the date the document is received by the agency.

ITEM 3. Amend rule 875--4.19(88), numbered paragraph "3," to read as follows:

3. Obligation to report to the Iowa ~~industrial commissioner~~ division of workers' compensation under subrule 4.4(2) any occupational injury or illness which temporarily disables an employee for more than three days or which results in permanent total disability, permanent partial disability, or death.

ARC 9286A

LABOR SERVICES DIVISION[875]

Notice of Intended Action

Pursuant to the authority of Iowa Code sections 17A.3(1) and 91.6, the Labor Commissioner gives Notice of Intended Action to amend Chapter 9, "Discrimination against Employees," Iowa Administrative Code.

Rule 875--9.4(88) contains a quotation from the Iowa Code. At some point after filing the rule, the Iowa Code was amended slightly, without changing the meaning of the language. This proposed amendment changes the quote to a general statement.

This amendment does not provide for waivers in specified situations because no waiver is appropriate in any situation which can be specified.

If requested by September 17, 1999, a public hearing will be held on September 22, 1999, at 1 p.m. in the offices of the Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa. Any interested person will be given the opportunity to make oral statements and documentary and physical submissions, which may include data, views, comments, or arguments concerning the proposed amendment. The facility for the oral presentations is accessible to and functional for persons with physical disabilities. Persons who have special requirements should contact the Division's rules coordinator at (515)281-3445 in advance to arrange access or other needed services.

The Division has determined that this Notice of Intended Action may have an impact on small business. This amendment will not necessitate combined expenditures exceeding $100,000 by all political subdivisions or agencies and entities which contract with political subdivisions to provide services.

This amendment is intended to implement Iowa Code section 88.9(3).

The following amendment is proposed.

Amend rule 875--9.4(88), first sentence, to read as follows:

875--9.4(88) Persons prohibited from discriminating. Iowa Code section 88.9(3) ~~specifically states that "no~~ provides that a person shall not discharge or in any manner discriminate against an employee" because the employee has exercised rights under the Act.

ARC 9288A

LABOR SERVICES DIVISION[875]

Notice of Intended Action

Pursuant to the authority of Iowa Code sections 88.5 and 17A.3(1), the Labor Commissioner hereby gives Notice of Intended Action to amend Chapter 10, "General Industry Safety and Health Rules," Iowa Administrative Code.

The amendment relates to methylene chloride, CFR correction; dipping and coating operations; and powered industrial truck operator training, correction.

Dipping and coating operations: OSHA conducted a line-by-line review of its standards and committed the Agency to eliminating those found to be unnecessary, duplicative, or inconsistent and to rewriting those found to be complex and outdated. The Agency's dip-tank standards were identified by that review as needing clarification. This rule does not change the technical substance of the former standards or alter the regulatory obligations placed on employers or the safety and health protections provided to employees. The performance-oriented language of the rule will facilitate compliance because it gives employers more compliance options than they had under the former standards.

Powered industrial truck operator training, correction. On December 1, 1998, federal OSHA published a final standard improving training requirements for powered industrial truck operators. That new standard applies to employees in general industry. While the new standard is in effect now, the date for completion of initial training and evaluation is December 1, 1999, for operators employed before December 1, 1999. Completion of initial training and evaluation of operators hired on or after December 1, 1999, shall be prior to being assigned to operate a truck. OSHA's intention was that employers would remain in compliance with the old training standard while they commenced the phasing-in of compliance with the new training standard. That phase-in would be completed by December 1, 1999. An employer meeting the requirements of the new standard would clearly meet the requirements of the old standards. This correction is needed. Some confusion has been indicated about the phase-in schedule and the employer's obligation between the effective date of the standard and the completion of training and evaluation dates contained in that standard. To clarify this, employers must remain in compliance with the prior training standards through November 30, 1999. They do not have to be in compliance with the new training standard until December 1, 1999, and will not be cited for violating the new standard prior to December 1, 1999.

If requested by September 17, 1999, a public hearing will be held on September 22, 1999, at 2 p.m. in the offices of the Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa. Any interested person will be given the opportunity to make oral statements and documentary and physical submissions, which may include data, views, comments, or arguments concerning the proposed amendment. The facility for the oral presentations is accessible to and functional for persons with physical disabilities. Persons who have special requirements should contact the Division's rules coordinator at (515)281-3445 in advance to arrange access or other needed services.

Written data or arguments to be considered in adoption shall be submitted by interested persons no later than September 24, 1999, to the Deputy Labor Commissioner, Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209, or faxed to (515)281-7995.E-mail may be sent to wally.johnson@iwd.state.ia.us.

This amendment does not provide for waivers in specified situations because no waiver is appropriate in any situation which can be specified. Pursuant to Iowa Code section 88.5(1), the Labor Commissioner shall not adopt any standard unless the same has been adopted by the Secretary of Labor in accordance with the procedures set forth in federal law. The referenced standards in this amendment have been adopted by the Secretary of Labor. Provisions for variances under Iowa Code subsections 88.5(3), 88.5(6), and 88.5(7) are available as a method of waiving a specific regulation.

This amendment is intended to implement Iowa Code section 88.5.

The following amendment is proposed.

Amend rule 875--10.20(88) by inserting at the end thereof:

64 Fed. Reg. 13700 (March 22, 1999)

64 Fed. Reg. 13908 (March 23, 1999)

64 Fed. Reg. 22552 (April 27, 1999)

ARC 9290A

LABOR SERVICES DIVISION[875]

Notice of Intended Action

Pursuant to the authority of Iowa Code sections 88.5 and 17A.3(1), the Labor Commissioner hereby gives Notice of Intended Action to amend Chapter 26, "Construction Safety and Health Rules," Iowa Administrative Code.

The amendment relates to a correction to the powered industrial truck operator training rules previously adopted. On December 1, 1998, federal OSHA published a final standard improving training requirements for powered industrial truck operators at 63 CFR 66238-66274. That new standard applies to employees in construction. While the new standard is in effect now, the date for completion of initial training and evaluation is December 1, 1999, for operators employed before December 1, 1999. Completion of initial training and evaluation of operators hired on or after December 1, 1999, shall be prior to being assigned to operate a truck. OSHA's intention was that employers would remain in compliance with the old training standard while they commenced the phasing-in of compliance with the new training standard. That phase-in would be completed by December 1, 1999. An employer meeting the requirements of the new standard would clearly meet the requirements of the old standards. This correction is needed. Some confusion has arisen concerning the phase-in schedule and the employer's obligation between the effective date of the standard and the completion of training and evaluation dates contained in that standard. To clarify this, employers must remain in compliance with the prior training standards through November 30, 1999. They do not have to be in compliance with the new training standard until December 1, 1999, and will not be cited for violating the new standard prior to December 1, 1999.

If requested by September 17, 1999, a public hearing will be held on September 22, 1999, at 2 p.m. in the offices of the Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa. Any interested person will be given the opportunity to make oral statements and documentary and physical submissions, which may include data, views, comments, or arguments concerning the proposed amendment. The facility for the oral presentations is accessible to and functional for persons with physical disabilities. Persons who have special requirements should contact the Division's rules coordinator at (515)281-3445 in advance to arrange access or other needed services.

Written data or arguments to be considered in adoption shall be submitted by interested persons no later than September 24, 1999, to the Deputy Labor Commissioner, Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209, or faxed to (515)281-7995.E-mail may be sent to wally.johnson@iwd.state.ia.us.

This amendment does not provide for waivers in specified situations because no waiver is appropriate in any situation which can be specified. Pursuant to Iowa Code section 88.5(1), the Labor Commissioner shall not adopt any standard unless the same has been adopted by the Secretary of Labor in accordance with the procedures set forth in federal law. The referenced standard has been adopted by the Secretary of Labor. Provisions for variances under Iowa Code subsections 88.5(3), 88.5(6), and 88.5(7) are available as a method of waiving a specific regulation.

This amendment is intended to implement Iowa Code section 88.5.

The following amendment is proposed.

Amend rule 875--26.1(88) by inserting at the end thereof:

64 Fed. Reg. 22552 (April 27, 1999)

ARC 9289A

LABOR SERVICES DIVISION[875]

Notice of Intended Action

Pursuant to the authority of Iowa Code sections 17A.3(1) and 91.6 and 1999 Iowa Acts, House File 521, the Labor Commissioner hereby gives Notice of Intended Action to amend Chapter 38, "Employment Agency Licensing," Iowa Administrative Code.

The amendments relate to licensing and operating procedures for employment agencies which charge a fee. These amendments implement legislation enacted by 1999 Iowa Acts, House File 521. This legislation became effective on July 1, 1999.

These amendments remove provisions no longer applicable under the new legislation which exempts the licensing requirement for employment agencies charging fees only to employers. Additionally, the rules set forth activities not considered to constitute an employment agency.

These amendments do not provide for waivers in specified situations because no waiver is appropriate in any situation which can be specified since these amendments are due to a legislative change and others merely provide more information for the reader.

If requested by September 17, 1999, a public hearing will be held on September 22, 1999, at 1 p.m. in the offices of the Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa. Any interested person will be given the opportunity to make oral statements and make documentary and physical submissions, which may include data, views, comments, or arguments concerning the proposed amendments. The facility for the oral presentations is accessible to and functional for persons with physical disabilities. Persons who have special requirements should contact the Division's rules coordinator at (515)281-3445 in advance to arrange access or other needed services.

Written data or arguments to be considered in adoption shall be submitted by interested persons no later than September 24, 1999, to the Deputy Labor Commissioner, Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209, or faxed to (515)281-7995.E-mail may be sent to wally.johnson@iwd.state.ia.us.

These amendments are intended to implement Iowa Code chapters 17A and 91 and 1999 Iowa Acts, House File 521.

The following amendments are proposed.

ITEM 1. Amend 875--Chapter 38 by changing the parenthetical implementation statute from chapter "94" or chapter "95" to "78GA,HF521" wherever it appears.

ITEM 2. Amend 875--Chapter 38 by striking all rule implementation clauses and inserting at the end of the chapter the following language: These rules are intended to implement 1999 Iowa Acts, House File 521.

ITEM 3. Amend rule 875--38.1(78GA,HF521) by striking the definitions of "applicant", "licensee" and "private employment agency (agency)" and inserting the following new definitions in alphabetical order:

"Employee" means a person who seeks employment or who obtains employment through an employment agency.

"Employment agency (agency)" means a person who brings together those desiring to employ and those desiring employment and who receives a fee, privilege, or other consideration directly or indirectly from an employee for the service. "Employment agency" does not include furnishing or procuring theatrical, stage, or platform attractions or amusement enterprises.

ITEM 4. Amend subrule 38.2(1) to read as follows:

38.2(1) Application. An application ~~PEA-1(3096164)~~ for a license must be made in writing to the commissioner upon ~~forms designated by the commissioner~~ Form PEA- 1(3096164). Forms to be completed include the application ~~and affidavit~~ form and two copies ~~each~~ of the ~~employer~~ employee paid fee ~~and applicant paid fee schedules~~ schedule. The application shall be accompanied by a surety company bond in the sum of $30,000, to be approved by the commissioner and conditioned to pay any damages that may accrue to any person due to a wrongful act or violation of law on the part of the applicant in the conduct of business.

ITEM 5. Amend subrule 38.2(2) to read as follows:

38.2(2) Name. No ~~licensee~~ agency shall use any name, symbol or abbreviation deceptively similar to or reasonably likely to be confused with the name used by an existing ~~licensee~~ agency, any governmental ~~agency~~ unit, or nonprofit ~~agency~~ organization.

ITEM 6. Amend subrules 38.2(4) and 38.2(5), 38.6(3) to 38.6(5), 38.8(1) and 38.8(3)"a" and "b," and 38.9(1) and 38.9(2) by striking the word "licensee" or "licensees" and inserting in lieu thereof the word "agency" or "agencies" as appropriate.

ITEM 7. Amend subrule 38.2(3) by striking "Iowa Code section 95.2" and inserting in lieu thereof "1999 Iowa Acts, House File 521".

ITEM 8. Rescind subrules 38.2(7), 38.6(6), 38.8(4), and 38.9(4) and rules 875--38.3(94,95,17A) to 38.5(94,95, 17A), 38.7(94) and 38.10(95).

ITEM 9. Adopt new rule 875--38.3(78GA,HF521) as follows:

875--38.3(78GA,HF521) Non-employment agency activity. The following activities do not constitute employment agency activity requiring the person to be licensed:

1. Counseling organizations which provide employment-related services to an employee provided the organization does not contact an employer about the employee or refer the employee to a specific employer. The following activities do not constitute actions requiring licensing as an employment agency:

* Appraisal of an employee's qualifications.

* Development of career goals.

* Establishment of immediate career objectives.

* Establishment of realistic and attainable long-range career objectives.

* Identification of appropriate markets and industries in the development of a career marketing plan.

* Preparation and printing of résumés.

* Development of a total program to teach the employee how to establish an appropriate level of contacts through networking.

* Coaching for interviews.

* Instruction on interview techniques.

* Counseling on negotiating pay and fringe benefits.

2. Schools, colleges, trade unions, and similar organizations which provide assistance in obtaining employment for one of their students or members are not employment agencies provided the fee paid is for tuition, training, or dues and will be charged even though the student or member does not attempt to utilize the organization's employment search services.

3. An agent representing an artist, athlete, author, entertainer or other public figure seeking professional contracts, appearances, product endorsements, promotion or sale of a creation, and similar activities are not employment agency activities requiring the person to be licensed.

4. Any activity by a governmental unit.

ITEM 10. Adopt new rule 875--38.4(78GA,HF521, 17A) as follows:

875--38.4(78GA,HF521,17A) Complaints. Written complaints by an aggrieved party will be investigated. The commissioner will notify the aggrieved party in writing of the outcome of the investigation. The commissioner may take any appropriate action including commencing a contested case for license revocation.

ITEM 11. Adopt new rule 875--38.5(78GA,HF521) as follows:

875--38.5(78GA,HF521) Denials and revocations.

38.5(1) Nonissuance of license. The commissioner may refuse to issue a license when the commissioner finds that any of the following conditions exist:

a. The license applicant has violated any of the provisions of 1999 Iowa Acts, House File 521, or the rules of this chapter; or

b. The license applicant or persons connected therewith have engaged in fraudulent, deceptive or dishonest practices.

38.5(2) Revocation of license. A license may be revoked if the agency or one if its agents is shown to have substantially violated any provision of 1999 Iowa Acts, House File 521.

38.5(3) Contested case proceedings. Contested cases shall be governed by Iowa Code chapter 17A and Iowa Administrative Code 875--Chapter 1, Division V.

ITEM 12. Amend subrules 38.6(1), 38.6(2), 38.6(5) and 38.8(3), paragraph "b," by striking the last sentence regarding licensees exempted under Iowa Code section 94.6.

ITEM 13. Amend subrules 38.6(1) to 38.6(3) and 38.6(5), 38.8(1) and 38.8(3), and 38.9(1) and 38.9(2) by striking the words "applicant", "applicants" or "applicant's" and inserting the words "employee", "employees", or "employee's" as applicable.

ITEM 14. Amend paragraph 38.8(2)"c" by striking the telephone number "(515)281-3606" and inserting in lieu thereof the number "(515)281-8493".

ARC 9281A

NURSING BOARD[655]

Notice of Intended Action

Pursuant to the authority of Iowa Code sections 17A.3 and 147.76, the Board of Nursing hereby gives Notice of Intended Action to amend Chapter 3, "Licensure to Practice--Registered Nurse/Licensed Practical Nurse," and Chapter 7, "Advanced Registered Nurse Practitioners," Iowa Administrative Code.

These amendments increase advanced registered nurse practitioner registration renewal fees and place alllicensure/registration fees in the same chapter.

Any interested person may make written comments or suggestions on or before September 14, 1999. Such written materials should be directed to the Executive Director, Board of Nursing, State Capitol Complex, 1223 East Court Avenue, Des Moines, Iowa 50319. Persons who want to convey their views orally should contact the Executive Director at (515)281-3256 or in the Board office at 1223 East Court Avenue, by appointment.

These amendments are intended to implement Iowa Code sections 147.10, 147.11, 147.25 and 147.80.

The following amendments are proposed.

ITEM 1. Amend rule 655--3.1(17A,147,152,272C), definition of "Fees," by adopting the following new numbered paragraph "4" and renumbering existing numbered paragraphs "4" to "16" as "5" to "17."

4. For a license registration as an advanced registered nurse practitioner, $21 per year, or any portion thereof.

ITEM 2. Amend rule 655--7.1(152) by rescinding the definition of "Fees."

ARC 9283A

REVENUE AND FINANCE DEPARTMENT[701]

Notice of Intended Action

Pursuant to the authority of Iowa Code sections 421.17(19) and 422.68, the Department of Revenue and Finance hereby gives Notice of Intended Action to amend Chapter 77, "Determination of Value of Utility Companies," Iowa Administrative Code.

The Department agreed in a 1998 settlement with the pipeline industry to amend rule 77.7(428,433,437,438) to state that the cost indicator for establishing the valuation of pipelines is the most useful, the income indicator the next most useful, and the stock and debt indicator the least useful.

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

There are no waiver provisions reflected in this rule because the Department lacks the statutory authority to grant waivers where rules are mainly an interpretation of statutes.

The Department has determined that this proposed amendment may have an impact on small business. The Department has considered the factors listed in Iowa Code section 17A.4A [1998 Iowa Acts, chapter 1202, section 10]. The Department will issue a regulatory analysis as provided in Iowa Code section 17A.4A [1998 Iowa Acts, chapter 1202, section 10] if a written request is filed by delivery or by mailing postmarked no later than September 27, 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 Administrative Rules Coordinator, at least 25 persons signing that request who each qualify as a small business or an organization representing at least 25 such persons.

Any interested person may make written suggestions or comments on the proposed amendment on or before September 24, 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 17, 1999.

This amendment is intended to implement Iowa Code chapter 438.

The following amendment is proposed.

Amend rule 701--77.7(428,433,437,438) as follows:

701--77.7(428,433,437,438) Correlation. In making a final determination of value the director may give consideration to each of the methodologies described in these rules, the use of which will result in the determination of the fair and reasonable market value of the utility company's entire operating property. Generally, for other than pipeline companies, the stock and debt indicator of value shall be considered to be the most useful, the income indicator the next most useful and the cost indicator the least useful. If circumstances dictate that a particular indicator is inappropriate or less reliable for a particular company, the correlation of the indicators of value shall be adjusted accordingly. Notwithstanding the foregoing provisions, the correlation for pipeline companies will consider the cost indicator to be the most useful, the income indicator the next most useful, and the stock and debt indicator the least useful. In making the final determination of value, the director will weigh the stock and debt indicator of value at 10 percent, the income indicator of value at 40 percent and the cost indicator of value at 50 percent.

This rule is intended to implement Iowa Code sections 428.29, 433.4, 437.6, 437.7, 437.14 and 438.14.

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 August is 8.00%.

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 August 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 4.80%

180-364 days Minimum 4.90%

One year Minimum 4.90%

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.

FILED EMERGENCY

ARC 9279A

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code sections 159.5(11) and 203C.5, the Department of Agriculture and Land Stewardship hereby amends Chapter 90, "State Licensed Warehouses and Warehouse Operators," Iowa Administrative Code.

The amendment allows warehouse operators to store corn in a ground pile to accommodate the 1999 corn harvest.

Current storage facilities are inadequate; therefore, emergency storage space will be required. This rule will allow the Department to approve and license emergency storage space under certain conditions.

The Department of Agriculture and Land Stewardship finds that notice and public participation are impracticable because the 1999 harvest is imminent, and there is not adequate time to implement the regular rule-making process to accommodate the record corn and soybean crop harvest. Therefore, this amendment is filed pursuant to Iowa Code section 17A.4(2).

The Department also finds, pursuant to Iowa Code section 17A.5(2)"b"(2), that the normal effective date of the amendment, 35 days after publication, should be waived and the amendment made effective on August 2, 1999, upon filing with the Administrative Rules Coordinator. This amendment confers a benefit on the public and the grain industry by providing additional storage space for the 1999 corn harvest. This rule shall terminate on April 1, 2000.

No waiver provision is included in these rules because an existing rule allows for waivers in appropriate cases. That waiver rule also applies to the rule adopted in this filing.

This amendment is intended to implement Iowa Code chapter 203C.

This amendment became effective August 2, 1999.

The following amendment is adopted.

Rescind rule 21--90.31(203C) and adopt the following new rule in lieu thereof:

21--90.31(203C) Emergency storage space. Emergency storage space (ground pile) may, in the discretion of the department, be approved and licensed on the following basis:

90.31(1) Licenses for emergency storage space shall be effective for the storage of corn only from August 2, 1999, to January 31, 2000.

90.31(2) The warehouse operator shall either purchase the grain stored in the emergency storage space or remove the corn from the emergency storage space prior to February 1, 2000. Any corn remaining in such space after this date will not be included in grain inventory measurements made by the department, and such corn may not be used to cover storage obligations.

90.31(3) Before any corn can be placed in the emergency storage space, the department shall receive either an irrevocable letter of credit or a surety bond in the amount of $2 for each bushel to be placed in emergency storage space. The irrevocable letter of credit or surety bond will expire on April 1, 2000. The irrevocable letter of credit or surety bond filed with the department under this rule shall not be canceled by the issuer on less than 45 days' notice by certified mail to the department and the licensee. When the department receives notice from an issuer that it has canceled the irrevocable letter of credit or surety bond, the department shall automatically suspend the license if a replacement irrevocable letter of credit or surety bond is not received by the department within 30 days of the issuance of the notice of cancellation. If a replacement irrevocable letter of credit or surety bond is not filed within another 10 days following the suspension, the grain dealer license shall be automatically revoked.

90.31(4) All emergency storage space shall have an asphalt base, concrete base, or a compacted limestone base which meets the following minimum specifications.

a. Base shall be of a depth and compaction to permit trucks or other equipment, used in loading or unloading the pad, to move around over the base without breaking through or unduly scuffing the surface.

b. Depth of limestone top shall be not less than four inches.

c. The slope from the center of the base shall not be less than one-fourth inch per linear foot to edge of base.

d. Adequate drainage away from the base shall be provided to prevent any water from standing or backing up under the grain.

90.31(5) All emergency storage space shall be licensed before any corn to be stored is placed in it.

90.31(6) Emergency licensed storage space may not exceed 30 percent of permanent licensed storage capacity.

90.31(7) A separate daily position record shall be maintained on all corn placed in the emergency licensed storage space.

90.31(8) Corn containing more than 15 percent moisture shall not be stored in emergency storage space.

90.31(9) Corn which does not grade No. 2 or better using the Official Grade Standards shall not be stored in emergency storage space.

90.31(10) The bureau chief or examiner shall issue written notice to the licensed warehouse operator for any emergency storage space which no longer meets these requirements. Failure of the warehouse operator to place the emergency storage space in a suitable condition within a reasonable length of time shall result in the emergency storage space being eliminated from coverage from the warehouse license.

90.31(11) This rule shall terminate on April 1, 2000.

This rule is intended to implement Iowa Code sections 203C.2, 203C.7, 203C.8, 203C.12, 203C.16, and 203C.18.

[Filed Emergency 8/2/99, effective 8/2/99]

[Published 8/25/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 8/25/99.

FILED

ARC 9282A

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 159.5(11), 159.6(2), 163.3(1), and 166D.1, the Department of Agriculture and Land Stewardship hereby amends Chapter 64, "Infectious and Contagious Diseases," Iowa Administrative Code.

These amendments allow the Department to determine ownership of swine at premises where the caretaker may not own the animals. In addition, beginning October 1, 1999, producers are required to provide for the required vaccination, with a g-1 deleted pseudorabies vaccine, of all swine located within three miles of a known infected herd. The amendments also modify the test and removal herd cleanup plan for breeding herds infected after August 1, 1999, by requiring that a phased test and removal plan be implemented for one farrowing cycle with removal of all positive animals within 15 days of weaning. After the farrowing cycle, whole herd testing will be required at 30-day intervals, with removal of positive animals within 15 days of testing, until noninfected. Finally, the amendments provide for a herd cleanup plan for swine-finishing premises, effective October 1, 1999.

Notice of Intended Action was published in the Iowa Administrative Bulletin on June 2, 1999, as ARC 9076A. Four written comments were received during the comment period. All parties providing comments were invited to participate in a discussion of the proposed amendments at the Iowa Pseudorabies Advisory Committee meeting held July 20, 1999, at the Iowa Pork Producers Association office. Additional concerned parties and individuals also attended.

Four changes have been made from the Notice of Intended Action:

In Item 1, subrule 64.153(5), the area surrounding an infected herd requiring vaccination was increased from one and one-half miles to three miles. Also, the second paragraph was changed to allow a waiver from the vaccination requirements by the State Veterinarian, as opposed to allowing testing as an option to vaccination. The date of implementation was changed from September 1, 1999, to October 1, 1999.

In Item 2, the proposed change requiring monthly rather than quarterly herd visits by the herd veterinarian was not adopted.

In Item 4, the herd plan for infected herds with breeding swine has been modified to allow for the farrowing of bred animals prior to their removal from the herd. After all known positives have been removed, a whole herd test every 30 days, with removal of positive animals within 15 days of the test, will be required.

In Item 5, the vaccination requirement for an infected finishing herd was changed to allow seven days after notification for completion of swine vaccination, and the retesting schedule was changed to allow more flexibility in retesting intervals.

Item 1 includes waiver provisions the department considers appropriate. The remaining items amend an existing rule which already has a waiver provision.

These amendments will become effective October 1, 1999.

These amendments are intended to implement Iowa Code chapter 166D.

The following amendments are adopted.

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

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

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

A waiver for this vaccination requirement may be issued by the state veterinarian, based on epidemiological investigation and risk determination. Herd testing, at a level determined by the pseudorabies epidemiologist, will be required as a condition for issuance of a vaccination waiver.

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

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

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

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

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

(7) All ~~new and updated herd cleanup plans~~ herd plans for infected herds identified prior to August 1, 1999, shall be designed to complete herd cleanup ~~in less than two years or~~ before January 1, 2000. ~~Beginning January~~ Herds identified as infected on or after August 1, 1999, ~~all infected herds,~~ with breeding swine, shall implement a test and removal herd cleanup plan which allows for the phased test and removal of bred animals for one farrowing cycle, followed by a whole herd test and removal plan. The herd plan shall include the following:

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

2 1. All breeding ~~sows~~ swine, including boars, shall be tested ~~postbreeding prior to weaning~~ within 14 days of the herd's being classified as infected. Testing shall also include progeny, if applicable.

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

4 3. All seropositive, unbred breeding swine must be removed from the herd, direct to slaughter, within 15 days after ~~weaning or~~ blood collection. All seropositive, bred swine must be removed from the herd, direct to slaughter, within 15 days of weaning. All replacement breeding stock must be vaccinated prior to addition into the herd and must be retested 60 days after entry into the herd.

4. A whole herd test shall be required within 30 days after the removal of the last known positive animal. Any additional seropositive animals must be removed, direct to slaughter, within 15 days of the collection date. Whole herd retests shall be required at 30-day intervals, with removal of positive animals within 15 days of the test, until it has been determined that the herd is noninfected.

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

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

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

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

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

(8) Beginning October 1, 1999, a herd cleanup plan shall be implemented for all infected finishing herds which shall include the following:

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

2. Vaccination requirements:

* Every animal, unless such animal is within three weeks of anticipated slaughter, must be vaccinated with an approved pseudorabies vaccine within seven days of notification by a regulatory official.

* New animals introduced into the infected premises are to be vaccinated with an approved pseudorabies vaccine according to the timetable outlined in the herd plan.

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

3. Testing requirements:

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

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

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

[Filed 8/5/99, effective 10/1/99]

[Published 8/25/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 8/25/99.

ARC 9285A

LIBRARIES AND INFORMATION SERVICES DIVISION[286]

Adopted and Filed

Pursuant of the authority of Iowa Code section 256.52, the Commission of Libraries amends Chapter 3, "Statewide Programs and Agreements," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on June 30, 1999, as ARC 9160A. No public comment, either written or oral, was received on this rule. In addition, this rule was simultaneously Adopted and Filed Emergency as ARC 9159A. This rule is identical to the rule published under Notice of Intended Action and Adopted and Filed Emergency.

This rule implements the Enrich Iowa Program funded by the 1999 Iowa General Assembly and outlines the requirements for participation by Iowa public libraries.

This rule shall become effective September 29, 1999, at which time the Adopted and Filed Emergency rule is hereby rescinded.

This rule is intended to implement 1999 Iowa Acts, Senate File 464, section 7(5).

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of this rule [3.2] is being omitted. This rule is identical to the one published under Notice as ARC 9160A and Adopted and Filed Emergency as ARC 9159A, IAB 6/30/99.

[Filed 8/6/99, effective 9/29/99]
[Published 8/25/99]

[For replacement pages for IAC, see IAC Supplement 8/25/99.]

ARC 9291A

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

Pursuant to the authority of Iowa Code section 147.76, the Board of Examiners for the Licensing and Regulation of Hearing Aid Dealers hereby amends Chapter 120, "Board of Examiners for the Licensing and Regulation of Hearing Aid Dealers," and rescinds Chapter 121, "Declaratory Rulings," Chapter 122, "Petitions for Rule Making," Chapter 123, "Agency Procedure for Rule Making," Chapter 124, "Child Support Noncompliance," Chapter 125, "Impaired Practitioner Review Committee," and Chapter 129, "Public Rec-ords and Fair Information Practices," Iowa Administrative Code.

The amendments rescind chapters and rules that duplicate those adopted by the Professional Licensure Division to cover all examining boards in the Division.

Notice of Intended Action was published in the Iowa Administrative Bulletin on April 7, 1999, as ARC 8887A. 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. There were no comments received at the public hearing, and no written comments were received prior to the hearing. These amendments are identical to those published under Notice of Intended Action.

These amendments were adopted by the Board of Examiners for the Licensing and Regulation of Hearing Aid Dealers on August 2, 1999.

These amendments will become effective September 29, 1999.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapters 147, 154A, and 272C.

The following amendments are adopted.

ITEM 1. Rescind and reserve rules 645--120.201 (272C) to 645--120.211(272C), 645--120.213(272C) and 645--120.300(21).

ITEM 2. Rescind and reserve 645--Chapter 121, "Declaratory Rulings," 645--Chapter 122, "Petitions for Rule Making," 645--Chapter 123, "Agency Procedure for Rule Making," 645--Chapter 124, "Child Support Noncompliance," 645--Chapter 125, "Impaired Practitioner Review Committee," and 645--Chapter 129, "Public Rec-ords and Fair Information Practices."

[Filed 8/6/99, effective 9/29/99]

[Published 8/25/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 8/25/99.

ARC 9280A

TRANSPORTATION DEPARTMENT[761]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 307.10 and 307.12, the Department of Transportation, on August 4, 1999, adopted an amendment to Chapter 400, "Vehicle Registration and Certificate of Title," Iowa Administrative Code.

Notice of Intended Action for this amendment was published in the June 30, 1999, Iowa Administrative Bulletin as ARC 9131A.

New subrule 400.4(8) allows Iowa to accept an affidavit of correction issued by a foreign jurisdiction that corrects the certificate of title issued by the foreign jurisdiction. Currently, Iowa has no authority to accept an affidavit of correction for a foreign certificate of title that has an alteration or erasure. Instead, the owner is required to obtain a duplicate title. With this amendment, Iowa will have the authority to accept an affidavit of correction as long as it is issued by the foreign jurisdiction that issued the title.

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

This amendment is intended to implement Iowa Code chapter 321.

This amendment will become effective September 29, 1999.

Rule-making action:

Renumber subrule 400.4(8) as 400.4(9) and adopt new subrule 400.4(8) as follows:

400.4(8) Titles from foreign jurisdictions.

a. Except as provided in paragraph "b" of this subrule, a certificate of title issued by a foreign jurisdiction shall not be accepted if the title contains an alteration or erasure.

b. An affidavit of correction form issued by a foreign jurisdiction that corrects the certificate of title issued by the foreign jurisdiction shall be accepted only for the reason listed on the affidavit of correction form. However, acceptance of an affidavit of correction form that corrects an odometer statement or a designation shall be determined by the department on an individual basis.

[Filed 8/4/99, effective 9/29/99]

[Published 8/25/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 8/25/99.

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

PRINTING SCHEDULE FOR IAB
ISSUE NUMBER	SUBMISSION DEADLINE	ISSUE DATE
6	Friday, September 3, 1999	September 22, 1999
7	Friday, September 17, 1999	October 6, 1999
8	Friday, October 1, 1999	October 20, 1999

AGENCY	HEARING LOCATION	DATE AND TIME OF HEARING
DENTAL EXAMINERS BOARD[650]
Continuing education, 25.3 IAB 8/11/99 ARC 9275A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Ave. Des Moines, Iowa	September 8, 1999 1 p.m.
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]
Community development block grant program--contingency fund, 23.4(5), 23.10 IAB 8/11/99 ARC 9245A (See also ARC 9246A)	Main Conference Room 200 E. Grand Ave. Des Moines, Iowa	August 31, 1999 2:30 p.m.
Community planning and development fund, ch 41; rescind chs 42, 46 to 49 IAB 8/11/99 ARC 9247A	Main Conference Room 200 E. Grand Ave. Des Moines, Iowa	August 31, 1999 1:30 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.
HUMAN SERVICES DEPARTMENT[441]
Drug prior authorization; therapeutic classes of drugs, 78.1(2), 78.28(1) IAB 8/11/99 ARC 9243A (See also ARC 9143A, IAB 6/30/99)	Conference Room--6th Floor Iowa Bldg., Suite 600 411 Third St. S.E. Cedar Rapids, Iowa	September 1, 1999 10 a.m.
	Administrative Conference Room 417 E. Kanesville Blvd. Council Bluffs, Iowa	September 1, 1999 9 a.m.
	Large Conference Room--5th Floor Bicentennial Bldg. 428 Western Davenport, Iowa	September 1, 1999 10 a.m.
	Conference Room 102 City View Plaza 1200 University Des Moines, Iowa	September 1, 1999 10 a.m.
	Liberty Room Mohawk Square 22 N. Georgia Ave. Mason City, Iowa	September 1, 1999 10 a.m.
HUMAN SERVICES DEPARTMENT[441] (Cont'd)
	Conference Room 3 120 E. Main Ottumwa, Iowa	September 1, 1999 10 a.m.
	Fifth Floor 520 Nebraska St. Sioux City, Iowa	September 2, 1999 1:30 p.m.
	Conference Room 420 Pinecrest Office Bldg. 1407 Independence Ave. Waterloo, Iowa	September 1, 1999 10 a.m.
INSURANCE DIVISION[191]
Unfair trade practices--aftermarket crash parts in auto insurance policies, 15.15 IAB 8/11/99 ARC 9253A (See also ARC 9090A, IAB 6/16/99)	Hearing Room 350 Maple St. Des Moines, Iowa	September 7, 1999 10 a.m.
Viatical settlement contracts, 50.120 to 50.124 IAB 8/11/99 ARC 9273A	330 E. Maple St. Des Moines, Iowa	September 8, 1999 10 a.m.
IOWA FINANCE AUTHORITY[265]
Low-income housing tax credits, ch 12 IAB 8/11/99 ARC 9271A (ICN Network)	IPTV 1 6450 Corporate Dr. Johnston, Iowa	September 1, 1999 1 p.m.
	National Guard Armory 10400 18th St. SW Cedar Rapids, Iowa	September 1, 1999 1 p.m.
	State Room Clear Lake AEA 9184B 265th St. Clear Lake, Iowa	September 1, 1999 1 p.m.
	National Guard Armory 2415 Kanesville Blvd. Council Bluffs, Iowa	September 1, 1999 1 p.m.
	Mt. Joy Army Aviation Support Facility 9650 S. Harrison St. Davenport, Iowa	September 1, 1999 1 p.m.
	National Guard Armory 1000 S. Walnut Mt. Pleasant, Iowa	September 1, 1999 1 p.m.
	National Guard Armory Park West Rd. -- Old Hwy. 34 Red Oak, Iowa	September 1, 1999 1 p.m.
	National Guard Armory 102 S. Main St. Sioux City, Iowa	September 1, 1999 1 p.m.
LABOR SERVICES DIVISION[875]
Report of injury form--filing by facsimile, 4.4, 4.19 IAB 8/25/99 ARC 9287A	1000 E. Grand Ave. Des Moines, Iowa	September 22, 1999 2 p.m. (If requested)
Discrimination against employees, 9.4 IAB 8/25/99 ARC 9286A	1000 E. Grand Ave. Des Moines, Iowa	September 22, 1999 1 p.m. (If requested)
General industry safety and health, 10.20 IAB 8/25/99 ARC 9288A	1000 E. Grand Ave. Des Moines, Iowa	September 22, 1999 2 p.m. (If requested)
Construction safety and health, 26.1 IAB 8/25/99 ARC 9290A	1000 E. Grand Ave. Des Moines, Iowa	September 22, 1999 2 p.m. (If requested)
Employment agency licensing, 38.1 to 38.10 IAB 8/25/99 ARC 9289A	1000 E. Grand Ave. Des Moines, Iowa	September 22, 1999 1 p.m. (If requested)
PETROLEUM UST FUND BOARD, IOWA COMPREHENSIVE[591]
Insurance eligibility, 10.2 IAB 8/11/99 ARC 9263A	Conference Room 1000 Illinois St., Suite B Des Moines, Iowa	August 31, 1999 10 a.m.
Remedial or insurance claims, 11.1 IAB 8/11/99 ARC 9264A	Conference Room 1000 Illinois St., Suite B Des Moines, Iowa	August 31, 1999 10 a.m.
PROFESSIONAL LICENSURE DIVISION[645]
Barber examiners, 20.214(9) IAB 8/11/99 ARC 9269A	Conference Room--5th Floor Lucas State Office Bldg. Des Moines, Iowa	August 31, 1999 8 to 9 a.m.
Cosmetology, 61.1(3), 62.1 IAB 8/11/99 ARC 9270A	Board Room 525--5th Floor Lucas State Office Bldg. Des Moines, Iowa	August 31, 1999 8 to 9 a.m.
PUBLIC SAFETY DEPARTMENT[661]
Sex offender registry, 8.302 to 8.304 IAB 7/28/99 ARC 9217A (See also ARC 9218A)	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)	Conference Room--3rd Floor Wallace State Office Bldg. Des Moines, Iowa	September 2, 1999 10 a.m.
REAL ESTATE COMMISSION[193E]
Prelicense education and continuing education, 3.2, 3.3(2), 3.4(1) IAB 8/11/99 ARC 9258A	Conference Room--2nd Floor 1918 S.E. Hulsizer Ankeny, Iowa	August 31, 1999 9 a.m.
UTILITIES DIVISION[199]
U S WEST communications, IAB 8/11/99 ARC 9266A	Board Hearing Room 350 Maple St. Des Moines, Iowa	October 12, 1999 10 a.m.
Rule-making procedures, 1.3, 3.1 to 3.11 IAB 8/11/99 ARC 9272A	Board Hearing Room 350 Maple St. Des Moines, Iowa	September 15, 1999 10 a.m.
Unauthorized changes of telecommunications service, 6.8, 22.23 IAB 8/11/99 ARC 9267A	Board Hearing Room 350 Maple St. Des Moines, Iowa	October 21, 1999 10 a.m.