Iowa Administrative Bulletin

IOWA ADMINISTRATIVE BULLETIN

Published Biweekly VOLUME XXII NUMBER 8 October 20, 1999 Pages 653 to 692

CONTENTS IN THIS ISSUE

Pages 669 to 691 include ARC 9419A to ARC 9438A

AGENDA

Administrative rules review committee 658

ALL AGENCIES

Schedule for rule making 656

Publication procedures 657

Administrative rules on CD-ROM 657

Agency identification numbers 667

ARCHITECTURAL EXAMINING BOARD[193B]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Notice, Registration, 2.1 to 2.3 ARC 9422A 669

BLIND, DEPARTMENT FOR THE[111]

Notice, Vocational rehabilitation services--
dispute resolution process, 10.8 ARC 9428A 669

CITATION OF ADMINISTRATIVE RULES 655

CIVIL RIGHTS COMMISSION[161]

Notice, Discrimination in housing, 9.6, 9.10(1)
ARC 9435A 671

COLLEGE STUDENT AID COMMISSION[283]

EDUCATION DEPARTMENT[281]"umbrella"

Filed, Tuition grant program, 12.2(1)
ARC 9437A 686

ELDER AFFAIRS DEPARTMENT[321]

Notice, Assisted living programs--certification
fees and blueprint reviews, 27.2 ARC 9423A 672

ENGINEERING AND LAND SURVEYING
EXAMINING BOARD[193C]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Notice, Property surveys, 2.5(3), 2.6, 2.8
ARC 9436A 673

ENVIRONMENTAL PROTECTION
COMMISSION[567]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Filed, Methyl tertiary-butyl ether (MTBE)
in soil and groundwater samples, 135.19
ARC 9434A 686

EXECUTIVE COUNCIL[361]

Notice, Disbursement of money from civil
reparations trust fund, ch 12 ARC 9438A 674

HUMAN SERVICES DEPARTMENT[441]

Notice, Departmental organization and
procedures, 1.3, 1.6 ARC 9424A 675

Notice, Child support termination, 95.14
ARC 9425A 677

Filed, HAWK-I program, 86.2, 86.16
ARC 9419A 687

INTEREST RATES--PUBLIC FUNDS 684

nursing board[655]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Notice, Licensure--RN/LPN, rescind 3.4(5)
ARC 9420A 679

Filed, Licensure/registration fees, 3.1, 7.1
ARC 9421A 688

PUBLIC HEARINGS

Summarized list 661

PUBLIC SAFETY DEPARTMENT[661]

Notice, Fire safety in small group homes
that prevent free egress, 5.620(7)"b"
ARC 9429A 679

Filed, Fire safety for small group homes
serving persons with mental retardation,
chronic mental illness, developmental
disabilities, or brain injuries, 5.620(1)
ARC 9430A 688

REAL ESTATE COMMISSION[193E]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Filed, Prelicense and continuing education,
3.2, 3.3(2), 3.4(1) ARC 9426A 688

REVENUE AND FINANCE DEPARTMENT[701]

Notice, General, 5.14(6), 6.1(3), 6.2, 6.3,
6.6 ARC 9433A 679

Filed, Indicators of value for pipeline
companies, 77.7 ARC 9432A 690

TRANSPORTATION DEPARTMENT[761]

Notice, Rail assistance and railroad revolving loan
fund, 830.2(2), 830.3, 830.4, 830.6, ch 831
ARC 9427A 682

TREASURER OF STATE

Notice--Public funds interest rates 684

VOTER REGISTRATION COMMISSION[821]

Notice, State registrar of voters, 1.2
ARC 9431A 685

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.)

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(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
10
Friday, October 29, 1999
November 17, 1999
11
Friday, November 12, 1999
December 1, 1999
12
Friday, November 26, 1999
December 15, 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.

______________________

IOWA ADMINISTRATIVE RULES and IOWA COURT RULES on CD-ROM

1999 SUMMER EDITION

Containing: Iowa Administrative Code (updated through June 1999)
Iowa Administrative Bulletins (January 1999 through June 1999)
Iowa Court Rules (updated through June 1999)

For free brochures and order forms contact:

Legislative Service Bureau
Attn: Ms. Stephanie Cox
State Capitol
Des Moines, Iowa 50319
Telephone: (515)281-3566 Fax: (515)281-8027
lsbinfo@legis.state.ia.us

AGENDA

The Administrative Rules Review Committee will hold its regular, statutory meeting on Tuesday, November 9, 1999, at10 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]

Cost of anhydrous ammonia nurse tanks--not requiring postweld heat treatment, 43.6"4" to "20,"
Filed Emergency ARC 9390A 10/6/99

Organic certification and organic standards, ch 47, Filed ARC 9389A 10/6/99

ARCHITECTURAL EXAMINING BOARD[193B]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Registration, 2.1, 2.1(1), 2.1(2), 2.2, 2.2(3), 2.3, Notice ARC 9422A 10/20/99

ATTORNEY GENERAL[61]

Acquisition negotiation statement of rights, ch 34, Filed ARC 9409A 10/6/99

BLIND, DEPARTMENT FOR THE[111]

Vocational rehabilitation services--dispute resolution process, 10.8, Notice ARC 9428A 10/20/99

CIVIL RIGHTS COMMISSION[161]

Discrimination in housing, 9.6(3), 9.6(4), 9.10(1), Notice ARC 9435A 10/20/99

COLLEGE STUDENT AID COMMISSION[283]

EDUCATION DEPARTMENT[281]"umbrella"

Eligibility--Iowa tuition grant program, 12.2(1), Filed ARC 9437A 10/20/99

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

Iowa community development block grant program--contingency fund, 23.4(5), 23.10, Filed ARC 9395A 10/6/99

Housing fund, ch 25, Filed ARC 9394A 10/6/99

Rural/community planning and development fund, adopt ch 41, rescind chs 42 and 46 to 49, Filed ARC 9396A 10/6/99

New jobs and income program, 58.4(3), 58.4(8)"d," 58.7(4)"c," Notice ARC 9397A 10/6/99

Enterprise zones, 59.3(3)"d," 59.6(3)"b" and "c," Notice ARC 9398A 10/6/99

EDUCATIONAL EXAMINERS BOARD[282]

EDUCATION DEPARTMENT[281]"umbrella"

Declaratory orders, ch 3, Notice ARC 9403A 10/6/99

Agency procedure for rule making, ch 4, Notice ARC 9404A 10/6/99

Complaints, investigations, contested case hearings, ch 11, Notice ARC 9405A 10/6/99

Renewal of licenses, 17.5, 17.7, 17.9, 17.11, Notice ARC 9406A 10/6/99

Behind-the-wheel driving instructor authorization, ch 21, Filed ARC 9407A 10/6/99

EDUCATION DEPARTMENT[281]

Driver education--final field test, 26.2(2)"k," Notice ARC 9376A 10/6/99

Special education, 41.1 to 41.144, Notice ARC 9375A 10/6/99

ELDER AFFAIRS DEPARTMENT[321]

Assisted living programs--certification fees, 27.2(3) to 27.2(8), Notice ARC 9423A 10/20/99

ENGINEERING AND LAND SURVEYING EXAMINING BOARD[193C]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Land surveys, 2.5(3), 2.6, 2.8, Notice ARC 9436A 10/20/99

ENVIRONMENTAL PROTECTION COMMISSION[567]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Analyzing for methyl tertiary-butyl ether (MTBE) in soil and groundwater samples, 135.19, Filed ARC 9434A 10/20/99

EXECUTIVE COUNCIL[361]

Disbursement of money from civil reparations trust fund, ch 12, Notice ARC 9438A 10/20/99

HISTORICAL DIVISION[223]

CULTURAL AFFAIRS DEPARTMENT[221]"umbrella"

Historic preservation, museum, and documentary collection grant programs, 49.4(5), 49.4(10), 49.5(3)"a,"
49.7(1)"b"(4) and (7), 49.7(2)"f," 49.9, Notice ARC 9391A 10/6/99

HUMAN SERVICES DEPARTMENT[441]

Departmental organization and procedures, 1.3, 1.6, 1.6(4), 1.6(6), Notice ARC 9424A 10/20/99

Medicaid coverage group--working individuals with disabilities, 75.1(39), Notice ARC 9381A 10/6/99

Statewide average charges for nursing facility care and psychiatric medical institution for children care,
75.24(3)"b," 75.24(3)"b"(1) and (6), Notice ARC 9382A 10/6/99

Home- and community-based services waiver program, 77.41(3), 83.102(1)"h," 83.102(2)"b,"
83.102(3) to 83.102(7), 83.107(3)"f," 83.110, Notice ARC 9383A, also Filed Emergency ARC 9384A 10/6/99

HAWK-I program, 86.2(2)"a"(1)"3," 86.2(5), 86.2(12), 86.16, Filed ARC 9419A 10/20/99

Child support case closure, 95.14, Notice ARC 9425A 10/20/99

Purchase of service--form numbers and organizational references, 150.1, 150.2(1)"a," 150.2(4),
150.3(1)"b" to "d," 150.3(1)"d"(2) to (4), 150.3(1)"e"(2), 150.3(1)"f," 150.3(2)"a" to "c,"
150.3(3)"c" to "i" and "q," 150.3(3)"r"(3), 150.3(4), 150.3(4)"a"(1), 150.3(4)"b"(2), 150.3(5),
150.3(5)"a"(10), 150.3(5)"b," 150.3(6)"a," 150.3(8), 150.3(9)"b" to "d," 150.5(1)"b" to "d" and "f,"
150.5(3)"c" to "f," 150.5(6)"b" to "d," 150.7(1), 150.7(1)"a" and "b," 150.7(2)"a," 150.7(3)"b" to "e,"
150.8, ch 150 division II preamble, 150.21, 150.22(2), 150.22(3)"c," 150.22(4)"a" to "c,"
150.22(5)"c" to "f" and "q," 150.22(5)"r"(2), 150.22(6), 150.22(7), 150.22(7)"a"(10), 150.22(7)"b,"
150.22(8), 150.22(10), Filed ARC 9385A 10/6/99

Rehabilitation treatment services--determination of rates, 185.112, 185.112(1)"a," 185.112(6)"d" and "e,"
185.112(10), Notice ARC 9386A 10/6/99

INSPECTIONS AND APPEALS DEPARTMENT[481]

Intermediate care facilities; skilled nursing facilities, 58.1, 58.24(1)"a," 58.24(2) to 58.24(9), rescind ch 59,
Notice ARC 9387A 10/6/99

INSURANCE DIVISION[191]

COMMERCE DEPARTMENT[181]"umbrella"

Replacement of life insurance and annuities, ch 16 division I, 16.11 to 16.20, ch 16 division II,
16.21 to 16.31 and appendices, Notice ARC 9392A 10/6/99

LOTTERY DIVISION[705]

REVENUE AND FINANCE DEPARTMENT[701]"umbrella"

Suspension or revocation of a license, 2.12, Notice ARC 9377A 10/6/99

NATURAL RESOURCE COMMISSION[571]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Deer hunting--depredation permits, 106.11(4), Notice ARC 9380A, also Filed Emergency ARC 9378A 10/6/99

Colony traps, 110.7, Notice ARC 9379A 10/6/99

NURSING BOARD[655]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Licensure/registration fees, 3.1, 7.1, Filed ARC 9421A 10/20/99

Licensure to practice--registered nurse/licensed practical nurse, 3.4(5), Notice ARC 9420A 10/20/99

Advanced registered nurse practitioners, 7.1, 7.2(5)"b," 7.2(8), 7.2(8)"b," 7.2(11), Notice ARC 9393A 10/6/99

PERSONNEL DEPARTMENT[581]

IPERS, 21.4(1)"f," 21.4(2), 21.5(1)"a"(1), (36) and (49), 21.6(9)"b," "c" and "e," 21.8, 21.10(9),
21.11(2), 21.16(6), 21.19(4)"e" and "g," 21.24(2)"b" and "f," 21.24(3), 21.24(5)"c" and "f,"
21.24(6)"d," 21.24(12), 21.30(1), 21.30(4), Filed ARC 9402A 10/6/99

PHARMACY EXAMINERS BOARD[657]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Licensure, 2.2, 2.9, 2.11(2), 2.12, Filed ARC 9373A 10/6/99

License fees, renewal dates, fees for duplicate licenses and certification of examination scores,
3.1, 3.4, 3.4(1), Filed ARC 9372A 10/6/99

Pharmacist-intern registration and minimum standards for evaluating practical experience,
4.1, 4.6 to 4.9, Filed ARC 9371A 10/6/99

Licensure by reciprocity, 5.1, 5.2, Filed ARC 9370A 10/6/99

Self-assessment of pharmacies, 6.2(1)"l," 7.6(7), 8.16, 8.17, 15.9"6," 36.1(4)"ac," "ad" and "ae," Notice ARC 9374A 10/6/99

Application for waiver or exemption from rules, 6.3, 6.4, 6.5(3), 7.3, 7.4, 15.2 to 15.4, 16.5, 16.6, Filed ARC 9369A 10/6/99

Drugs in emergency medical service programs--definitions, 11.1, Filed ARC 9368A 10/6/99

Nonresident pharmacy licenses, 19.1, 19.2, 19.6 to 19.9, Filed ARC 9367A 10/6/99

Pharmacy technicians--registration fee, 22.7, Filed ARC 9366A 10/6/99

PROFESSIONAL LICENSURE DIVISION[645]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Dietetic examiners, 80.5(1), 80.5(4), 80.100(4), 80.101(1), 80.101(2)"d," 80.101(3), 80.101(8),
80.102(1), 80.104, Notice ARC 9408A 10/6/99

PUBLIC HEALTH DEPARTMENT[641]

Swimming pools and spas, 15.4(5)"e," Filed ARC 9412A 10/6/99

Lead professional certification--training and certification of lead inspectors and lead abaters,
70.1 to 70.3, 70.4(1)"m"(3), 70.4(9), 70.5, 70.5(1)"e" and "g," 70.5(2), 70.5(3),
70.5(3)"b," "c" and "e," 70.5(5), 70.5(6), 70.6(1) to 70.6(4), 70.6(4)"a," "d" and "e,"
70.6(4)"h"(13), 70.6(5), 70.6(5)"a," "f" and "g," 70.6(5)"k"(13), 70.6(6), 70.6(7),
70.6(7)"a," 70.10, Notice ARC 9416A, also Filed Emergency ARC 9415A 10/6/99

Lead professional certification, 70.2, 70.3, 70.4(1)"b"(2), 70.4(3), 70.4(3)"a," 70.4(4), 70.4(4)"a,"
70.5(1)"c," 70.5(2), 70.5(2)"a," 70.5(2)"b"(2), 70.5(3)"b" and "c," 70.5(4)"c," 70.5(6),
70.6(2) to 70.6(4), 70.6(4)"h," 70.6(5), 70.6(6)"g," 70.6(6)"g"(7), 70.6(6)"i"(4), 70.6(7),
70.6(7)"c," 70.6(9), 70.6(10), Notice ARC 9417A 10/6/99

Transportation of a dead human body or fetus in a sealed outer receptacle; burial-transit permit,
101.6(1), 101.6(3), Filed ARC 9414A 10/6/99

Mutual consent voluntary adoption registry, ch 107, Filed ARC 9410A 10/6/99

Trauma system evaluation quality improvement committee, ch 138, Filed ARC 9411A 10/6/99

Criteria for awards or grants, 176.2, 176.7, Filed ARC 9413A 10/6/99

Organized delivery systems, 201.2, 201.6, 201.6(6), 201.6(8) to 201.6(12), 201.18, Notice ARC 9418A 10/6/99

PUBLIC SAFETY DEPARTMENT[661]

Fire safety for small group homes, 5.620(1), Filed ARC 9430A 10/20/99

Small group homes required to have operating sprinkler systems, 5.620(7)"b," Notice ARC 9429A 10/20/99

Breath testing devices, 7.2(3), Filed ARC 9388A 10/6/99

REAL ESTATE COMMISSION[193E]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Prelicense education and continuing education, 3.2(2), 3.2(3), 3.3(2), 3.4(1), Filed ARC 9426A 10/20/99

REVENUE AND FINANCE DEPARTMENT[701]

Public records and fair information practices; organization, public inspection,
ch 5 introductory paragraph, 5.14(6)"i," "l" and "hh," 6.1(3)"b," 6.2, 6.3, Notice ARC 9433A 10/20/99

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, Filed ARC 9401A 10/6/99

Valuation of pipelines, 77.7, Filed ARC 9432A 10/20/99

TRANSPORTATION DEPARTMENT[761]

Rail assistance program; railroad revolving loan fund, 830.2(2), 830.3(1), 830.3(2), 830.4(2), 830.4(4)"b,"
830.6(4), 830.6(5), ch 831, Notice ARC 9427A 10/20/99

UTILITIES DIVISION[199]

COMMERCE DEPARTMENT[181]"umbrella"

Restoration of agricultural lands during and after pipeline construction, ch 9, Notice ARC 9400A 10/6/99

Payment agreements, 19.4(10)"c," 20.4(11)"c," Notice ARC 9399A 10/6/99

VOTER REGISTRATION COMMISSION[821]

State registrar of voters, 1.2, Notice ARC 9431A 10/20/99

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

BLIND, DEPARTMENT FOR THE[111]

Vocational rehabilitation dispute
resolution process,
10.8
IAB 10/20/99 ARC 9428A
Director's Conference Room
524 4th St.
Des Moines, Iowa
November 9, 1999
1 p.m.
CIVIL RIGHTS COMMISSION[161]

Discrimination in housing,
9.6, 9.10(1)
IAB 10/20/99 ARC 9435A
Conference Room--2nd Floor
211 E. Maple
Des Moines, Iowa
November 9, 1999
1 p.m.
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

New jobs and income program,
58.4, 58.7(4)
IAB 10/6/99 ARC 9397A
Marketing Conference Room
200 E. Grand Ave.
Des Moines, Iowa
October 26, 1999
1 p.m.
Enterprise zones,
59.3(3), 59.6(3)
IAB 10/6/99 ARC 9398A
Marketing Conference Room
200 E. Grand Ave.
Des Moines, Iowa
October 26, 1999
2 p.m.
EDUCATIONAL EXAMINERS BOARD[282]

Declaratory orders,
ch 3
IAB 10/6/99 ARC 9403A
Conference Room 3 North--3rd Floor
Grimes State Office Bldg.
Des Moines, Iowa
November 12, 1999
10 a.m.
Agency procedure for rule making,
ch 4
IAB 10/6/99 ARC 9404A
Conference Room 3 North--3rd Floor
Grimes State Office Bldg.
Des Moines, Iowa
November 12, 1999
10:30 a.m.
Complaints, investigations, contested
case hearings, ch 11
IAB 10/6/99 ARC 9405A
Conference Room 3 North--3rd Floor
Grimes State Office Bldg.
Des Moines, Iowa
October 28, 1999
10 a.m.
Renewal of licenses,
17.5, 17.7, 17.9, 17.11
IAB 10/6/99 ARC 9406A
Conference Room 3 North--3rd Floor
Grimes State Office Bldg.
Des Moines, Iowa
November 16, 1999
10 a.m.
EDUCATION DEPARTMENT[281]

Driver education,
26.2(2)"k"
IAB 10/6/99 ARC 9376A
State Board Room
Grimes State Office Bldg.
Des Moines, Iowa
October 26, 1999
1 p.m.
Special education,
41.1 to 41.144
IAB 10/6/99 ARC 9375A
(ICN Network)
Lakeland AEA 3
Hwy. 18 and 2nd St.
Cylinder, Iowa
October 20, 1999*
6 to 8 p.m.
*Not scheduled pursuant to Iowa Code section 17A.4(1)"b"

EDUCATION DEPARTMENT[281]
(ICN Network) (Cont'd)

Room 106
Unity Christian High School
16 Michigan SW
Orange City, Iowa
October 20, 1999*
6 to 8 p.m.

Room 19
Webster City High School
10001 Lynx Ave.
Webster City, Iowa
October 20, 1999*
6 to 8 p.m.

East High School
5011 Mayhew Ave.
Sioux City, Iowa
October 20, 1999*
6 to 8 p.m.

Kanesville High School
807 Ave. G
Council Bluffs, Iowa
October 21, 1999*
6 to 8 p.m.

East Union Junior/Senior High School
1916 High School Dr.
Afton, Iowa
October 21, 1999*
6 to 8 p.m.

Second Floor
Grimes State Office Bldg.
Des Moines, Iowa
October 21, 1999*
6 to 8 p.m.

Wahlert High School
2005 Kane St.
Dubuque, Iowa
October 26, 1999
6 to 8 p.m.

Room 24
Ventura Junior/Senior High School
110 Main St.
Ventura, Iowa
October 26, 1999
6 to 8 p.m.

AEA 6
909 S. 12th St.
Marshalltown, Iowa
October 26, 1999
6 to 8 p.m.

Notre Dame High School
702 S. Roosevelt Ave.
Burlington, Iowa
October 26, 1999
6 to 8 p.m.

ICN Classroom
Mississippi Bend AEA 9
729 21st St.
Bettendorf, Iowa
October 28, 1999
6 to 8 p.m.

Prairie High School
401 76th Ave. SW
Cedar Rapids, Iowa
October 28, 1999
6 to 8 p.m.

AEA 7
3712 Cedar Heights Dr.
Cedar Falls, Iowa
October 28, 1999
6 to 8 p.m.

ICN Classroom
Southern Prairie AEA 15
2814 N. Court St.
Ottumwa, Iowa
October 28, 1999
6 to 8 p.m.
*Not scheduled pursuant to Iowa Code section 17A.4(1)"b"

ELDER AFFAIRS DEPARTMENT[321]

Assisted living programs,
27.2
IAB 10/20/99 ARC 9423A
North Conference Room--3rd Floor
Clemens Bldg.
200 10th St.
Des Moines, Iowa
November 9, 1999
10 a.m.
HUMAN SERVICES DEPARTMENT[441]

Medicaid--working persons
with disabilities,
75.1(39)
IAB 10/6/99 ARC 9381A
Conference Room--6th Floor
Iowa Bldg., Suite 600
411 3rd St. S.E.
Cedar Rapids, Iowa
October 29, 1999
10 a.m.

Administrative Conference Room
417 E. Kanesville Blvd.
Council Bluffs, Iowa
October 27, 1999
9 a.m.

Large Conference Room--5th Floor
Bicentennial Bldg.
428 Western
Davenport, Iowa
October 28, 1999
10 a.m.

Conference Room 102
City View Plaza
1200 University
Des Moines, Iowa
October 27, 1999
1 p.m.

Liberty Room
Mohawk Square
22 N. Georgia Ave.
Mason City, Iowa
October 29, 1999
11 a.m.

Conference Room 3
120 E. Main
Ottumwa, Iowa
October 27, 1999
10 a.m.

Fifth Floor
520 Nebraska St.
Sioux City, Iowa
October 27, 1999
1:30 p.m.

Conference Room 220
Pinecrest Office Bldg.
1407 Independence Ave.
Waterloo, Iowa
October 27, 1999
10 a.m.
INSPECTIONS AND APPEALS DEPARTMENT[481]

Intermediate care facilities,
58.1, 58.24; rescind ch 59
IAB 10/6/99 ARC 9387A
Director's Conference Room
Second Floor
Lucas State Office Bldg.
Des Moines, Iowa
October 26, 1999
1:30 p.m.
INSURANCE DIVISION[191]

Replacement of life insurance
and annuities,
16.21 to 16.31
IAB 10/6/99 ARC 9392A
330 Maple St.
Des Moines, Iowa
October 26, 1999
2 p.m.
IOWA FINANCE AUTHORITY[265]

Mortgage release certificate,
9.20
IAB 9/22/99 ARC 9362A
Conference Room
100 E. Grand Ave.
Des Moines, Iowa
October 26, 1999
1 p.m.
NATURAL RESOURCE COMMISSION[571]

Deer hunting--depredation permits,
106.11(4)
IAB 10/6/88 ARC 9380A
(See also ARC 9378A)
Conference Room--4th Floor
Wallace State Office Bldg.
Des Moines, Iowa
October 29, 1999
10 a.m.
Trapping--colony traps,
110.7
IAB 10/6/99 ARC 9379A
Conference Room--4th Floor
Wallace State Office Bldg.
Des Moines, Iowa
October 26, 1999
10 a.m.
PHARMACY EXAMINERS BOARD[657]

Self-assessment of pharmacy,
6.2(1), 7.6(7), 8.16, 8.17,
15.9, 36.1(4)
IAB 10/6/99 ARC 9374A
Board Room
Suite E
400 S.W. 8th St.
Des Moines, Iowa
November 19, 1999
1 p.m.
PROFESSIONAL LICENSURE DIVISION[645]

Dietetic examiners,
80.5, 80.100(4), 80.101,
80.102(1), 80.104
IAB 10/6/99 ARC 9408A
Board Conference Room--5th Floor
Lucas State Office Bldg.
Des Moines, Iowa
October 26, 1999
10 a.m. to 12 noon
PUBLIC HEALTH DEPARTMENT[641]

Lead professional certification,
70.1 to 70.6, 70.10
IAB 10/6/99 ARC 9416A
(See also ARC 9415A)
(ICN Network)
National Guard Armory
201 Poplar
Atlantic, Iowa
October 26, 1999
10 a.m.

ICN Classroom A169
Carroll High School
Carroll, Iowa
October 26, 1999
10 a.m.

Suite 500
411 3rd St. SE
Cedar Rapids, Iowa
October 26, 1999
10 a.m.

ICN Room--2nd Floor
Grimes State Office Bldg.
Des Moines, Iowa
October 26, 1999
10 a.m.

ICN Classroom--2nd Floor
2300 Chaney
Dubuque, Iowa
October 26, 1999
10 a.m.

Classroom 2, Careers Bldg. 128
North Iowa Area Community College
500 College Dr.
Mason City, Iowa
October 26, 1999
10 a.m.
PUBLIC HEALTH DEPARTMENT[641]
ICN Network (Cont'd)

ICN Room
National Guard Armory
2858 N. Court Rd.
Ottumwa, Iowa
October 26, 1999
10 a.m.
Lead inspector/risk assessor;
EBL inspector/risk assessor,
70.2 to 70.6
IAB 10/6/99 ARC 9417A
(ICN Network)
National Guard Armory
201 Poplar
Atlantic, Iowa
October 26, 1999
10 a.m.

ICN Classroom A169
Carroll High School
Carroll, Iowa
October 26, 1999
10 a.m.

Suite 500
411 3rd St. SE
Cedar Rapids, Iowa
October 26, 1999
10 a.m.

ICN Room--2nd Floor
Grimes State Office Bldg.
Des Moines, Iowa
October 26, 1999
10 a.m.

ICN Classroom--2nd Floor
2300 Chaney
Dubuque, Iowa
October 26, 1999
10 a.m.

Classroom 2, Careers Bldg. 128
North Iowa Area Community College
500 College Dr.
Mason City, Iowa
October 26, 1999
10 a.m.

ICN Room
National Guard Armory
2858 N. Court Rd.
Ottumwa, Iowa
October 26, 1999
10 a.m.
Organized delivery systems,
201.2, 201.6, 201.18
IAB 10/6/99 ARC 9418A
(ICN Network)
ICN Conference Room--2nd Floor
Grimes State Office Bldg.
Des Moines, Iowa
October 26, 1999
11 a.m. to 12 noon

Classroom 2, Careers Bldg. 128
North Iowa Area Community College
500 College Dr.
Mason City, Iowa
October 26, 1999
11 a.m. to 12 noon

ICN Classroom
Burlington High School
421 Terrace Dr.
Burlington, Iowa
October 26, 1999
11 a.m. to 12 noon

Education Tech. Center
Keokuk High School
727 Washington St.
Keokuk, Iowa
October 26, 1999
11 a.m. to 12 noon

Trospar-Hoyt Bldg.--4th Floor
822 Douglas St.
Sioux City, Iowa
October 26, 1999
11 a.m. to 12 noon
PUBLIC SAFETY DEPARTMENT[661]

Small group homes--sprinkler
systems, 5.620(7)"b"
IAB 10/20/99 ARC 9429A
Conference Room--3rd Floor
Wallace State Office Bldg.
Des Moines, Iowa
November 16, 1999
10 a.m.
TRANSPORTATION DEPARTMENT[761]

Railroad assistance; railroad
revolving loan fund,
830.2(2), 830.3, 830.4,
830.6; ch 831
IAB 10/20/99 ARC 9427A
Commission Conference Room
800 Lincoln Way
Ames, Iowa
November 15, 1999
10 a.m.
(If requested)
UTILITIES DIVISION[199]

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.
Restoration of agricultural lands during
and after pipeline construction,
ch 9
IAB 10/6/99 ARC 9400A
Board Hearing Room
350 Maple St.
Des Moines, Iowa
November 17, 1999
10 a.m.
Payment agreements,
19.4(10), 20.4(11)
IAB 10/6/99 ARC 9399A
Board Hearing Room
350 Maple St.
Des Moines, Iowa
November 4, 1999
10 a.m.
VOTER REGISTRATION COMMISSION[821]

State registrar of voters,
1.2
IAB 10/20/99 ARC 9431A
Office of Secretary of State
Second Floor
Hoover State Office Bldg.
Des Moines, Iowa
November 9, 1999
1:30 p.m.

CITATION of Administrative Rules

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

441 IAC 79 (Chapter)

441 IAC 79.1(249A) (Rule)

441 IAC 79.1(1) (Subrule)

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

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

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

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

AGENCY IDENTIFICATION NUMBERS

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

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

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

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

The following list will be updated as changes occur:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Agricultural Development Authority[25]

Soil Conservation Division[27]

ATTORNEY GENERAL[61]

AUDITOR OF STATE[81]

BEEF INDUSTRY COUNCIL, IOWA[101]

BLIND, DEPARTMENT FOR THE[111]

CITIZENS' AIDE[141]

CIVIL RIGHTS COMMISSION[161]

COMMERCE DEPARTMENT[181]

Alcoholic Beverages Division[185]

Banking Division[187]

Credit Union Division[189]

Insurance Division[191]

Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]

Architectural Examining Board[193B]

Engineering and Land Surveying Examining Board[193C]

Landscape Architectural Examining Board[193D]

Real Estate Commission[193E]

Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]

Utilities Division[199]

CORRECTIONS DEPARTMENT[201]

Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]

Arts Division[222]

Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

City Development Board[263]

Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]

Educational Examiners Board[282]

College Student Aid Commission[283]

Higher Education Loan Authority[284]

Iowa Advance Funding Authority[285]

Libraries and Information Services Division[286]

Public Broadcasting Division[288]

School Budget Review Committee[289]

EGG COUNCIL[301]

ELDER AFFAIRS DEPARTMENT[321]

EMPOWERMENT BOARD, IOWA[349]

ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA[351]

EXECUTIVE COUNCIL[361]

FAIR BOARD[371]

GENERAL SERVICES DEPARTMENT[401]

HUMAN INVESTMENT COUNCIL[417]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

Status of African-Americans, Division on the[434]

Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]

INSPECTIONS AND APPEALS DEPARTMENT[481]

Employment Appeal Board[486]

Foster Care Review Board[489]

Racing and Gaming Commission[491]

State Public Defender[493]

LAW ENFORCEMENT ACADEMY[501]

LIVESTOCK HEALTH ADVISORY COUNCIL[521]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NARCOTICS ENFORCEMENT ADVISORY COUNCIL[551]

NATIONAL AND COMMUNITY SERVICE, IOWA COMMISSION ON[555]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board[575]

PERSONNEL DEPARTMENT[581]

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

PREVENTION OF DISABILITIES POLICY COUNCIL[597]

PUBLIC DEFENSE DEPARTMENT[601]

Emergency Management Division[605]

Military Division[611]

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

PUBLIC HEALTH DEPARTMENT[641]

Substance Abuse Commission[643]

Professional Licensure Division[645]

Dental Examiners Board[650]

Medical Examiners Board[653]

Nursing Board[655]

Pharmacy Examiners Board[657]

PUBLIC SAFETY DEPARTMENT[661]

RECORDS COMMISSION[671]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

SEED CAPITAL CORPORATION, IOWA[727]

SHEEP AND WOOL PROMOTION BOARD, IOWA[741]

TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION, IOWA[751]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

UNIFORM STATE LAWS COMMISSION[791]

VETERANS AFFAIRS COMMISSION[801]

VETERINARY MEDICINE BOARD[811]

VOTER REGISTRATION COMMISSION[821]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Labor Services Division[875]

Workers' Compensation Division[876]

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

NOTICES

ARC 9422A

ARCHITECTURAL EXAMINING BOARD[193B]

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 544A.29, the Architectural Examining Board hereby gives Notice of Intended Action to amend Chapter 2, "Registration," Iowa Administrative Code.

The amendments to Chapter 2 outline the requirements for applying to take the architecture registration examination or applying for registration by reciprocity.

Waivers from provisions of this rule may be sought pursuant to 193B--Chapter 9.

Consideration will be given to all written suggestions or comments on the proposed amendments received on or before November 9, 1999. Comments should be addressed to Glenda Loving, Architectural Examining Board, 1918 S.E. Hulsizer, Ankeny, Iowa 50021, or faxed to (515)281-7411. E-mail may be sent to glenda.loving@comm7.state.ia.us.

These amendments are intended to implement Iowa Code chapter 544A.

The following amendments are proposed.

ITEM 1. Amend rule 193B--2.1(544A,17A), introductory paragraph and subrule 2.1(1), as follows:

193B--2.1(544A,17A) Application for registration by reciprocity. Applicants for registration by reciprocity are required to make application to the National Council of Architectural Registration Boards (NCARB), 1735 New York Avenue Northwest, Washington, D.C. 20006 for a council ~~record~~ certificate. A completed state application form (available through NCARB) and a completed NCARB council certificate shall be transmitted to and filed in the board office before an application will be considered by the board. ~~If prerequisite to examination, the state application form and the council record shall be filed in the board office prior to the date scheduled to take the examination.~~

2.1(1) The board, by approval of three of its members who are registered architects, may waive examination requirements for architects registered during the current year in another state or country where the qualifications prescribed at the time of original registration were ~~equal~~ substantially equivalent to those prescribed in Iowa. For the purpose of determining substantially equivalent qualifications, applicants who were originally registered in another state after July 1, 1984, shall have a NAAB-accredited professional degree and applicants registered after June 1, 1991, shall have met the Training Requirements for Intern-Architect Development Program (IDP). Applicants shall be deemed to have met the ~~"Training Requirements for Intern-Architect Development Program (~~IDP)" requirement regardless of the date of completion of the required experience, provided the experience was completed prior to filing an application for Iowa registration. The board shall find probable cause for disciplinary action if the registrant's registration in any other state is revoked for statutory reasons or incompetence.

ITEM 2. Rescind and reserve subrule 2.1(2).

ITEM 3. Amend rule 193B--2.2(544A,17A), introductory paragraph, as follows:

193B--2.2(544A,17A) ~~Admittance to examination~~ Application for registration by examination. To be admitted to the examination, an applicant for registration shall have completed eligibility requirements of education and training standards for NCARB certification and attained an NCARB council record. A completed NCARB council record shall be transmitted to and filed in the board office prior to the scheduling of an examination. Applicants shall also file a state eligibility form and pay a $100 application fee for processing of examination results.

ITEM 4. Adopt new subrule 2.2(3):

2.2(3) To qualify for registration, all applicants shall pass all divisions of the Architectural Registration Examination (ARE) prepared and provided by the National Council of Architectural Registration Boards (NCARB). Applicants who have previously passed any portion of formerly required NCARB examinations will be granted credit for those portions passed in accordance with procedures established by NCARB. Divisions of the examination may be passed or failed separately in accordance with procedures established by NCARB.

ITEM 5. Amend rule 193B--2.3(544A,17A) as follows:

193B--2.3(544A,17A) Reinstatement. An expired certificate of registration can be reinstated by completing ~~all~~ one of the following options:

2.3(1) Option 1.

1. Paying a reinstatement fee of $50 per year of expired registration, up to a maximum of $350.

2. Paying the current renewal fee.

3. Submitting documented evidence of completion of 12 contact hours (8 hours in public protection subjects) of continuing education for each year of expired registration in compliance with the requirements in 193B--Chapter 3 up to a maximum of 48 contact hours (32 hours in public protection subjects).

2.3(2) Option 2. File a new application for registration as prescribed in 193B--2.1(544A,17A) and subrules 2.1(1) and 2.2(3).

~~2.3(1)~~ ~~Rescinded IAB 12/2/98, effective 1/6/99.~~

~~2.3(2)~~ ~~Rescinded IAB 12/2/98, effective 1/6/99.~~

ARC 9428A

BLIND, DEPARTMENT FOR THE[111]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 216B.6, the Commission for the Blind gives Notice of Intended Action to amend Chapter 10, "Vocational Rehabilitation Services," Iowa Administrative Code.

The new rule, 10.8(216B), provides information regarding the dispute resolution process made available as part of vocational rehabilitation services and required by the federal Vocational Rehabilitation Act of 1973 as amended through 1998.

The Commission believes this new rule will bring the Department into compliance with the requirements of the federal Vocational Rehabilitation Act of 1973 as amended through 1998.

Any interested person may make written suggestions or comments on the new rule through November 9, 1999. Such written suggestions or comments should be directed to the Commission for the Blind, 524 Fourth Street, Des Moines, Iowa 50309-2364; fax (515)281-1263.

Persons are also invited to present oral or written comments at a public hearing which will be held on November 9, 1999, at 1 p.m. in the Director's Conference Room, Department for the Blind, 524 Fourth Street, Des Moines, Iowa. At the hearing, persons will be asked to confine their remarks to the new rule.

This rule is intended to implement Iowa Code section 17A.3 and Iowa Code chapter 216B.

The following amendment is proposed.

Rescind rule 111--10.8(216B) and adopt the following new rule in lieu thereof:

111--10.8(216B) Dispute resolution process. This rule defines the procedures under which the dispute resolution proc-ess, required by the federal Vocational Rehabilitation Act of 1973 as amended through 1998, shall be conducted by the department.

10.8(1) Definitions.

"Administrative review" means a procedure by which the department may provide an opportunity for an applicant or eligible individual to express and seek remedy for dissatisfaction with a decision regarding the furnishing or denial of services.

"Formal hearing" means a procedure whereby an applicant or eligible individual who is dissatisfied with the findings of an administrative review or mediation concerning the furnishing or denial of services may request a timely review of those determinations before an impartial hearing officer.

While the department encourages the use of the administrative review process to resolve grievances, the administrative review process is not to be used as a means to delay mediation or a formal hearing before an impartial hearing officer unless the parties jointly agree to a delay. An applicant or eligible individual may elect to proceed directly either to mediation or to the formal hearing process. The department will not suspend, reduce, or terminate vocational rehabilitation services to any applicant or eligible individual throughout the administrative review, mediation or formal hearing process before a final agreement or decision is made, unless the applicant or eligible individual or, as appropriate, the applicant's or eligible individual's representative so requests, or the department has evidence that the services have been obtained through misrepresentation, fraud, collusion, or criminal conduct on the part of the applicant or eligible individual.

"Mediation" means an alternative which an applicant or eligible individual may choose if the applicant or eligible individual is dissatisfied with the findings of an administrative review concerning the furnishing or denial of services.

10.8(2) Administrative review. An applicant or eligible individual may request review of a decision regarding furnishing or denial of services with which the applicant or eligible individual is dissatisfied by submitting a letter to the program administrator of field operations.

a. The program administrator shall acknowledge receipt of the letter and arrangements shall be made for the administrative review to be held at a mutually convenient date, time, and place which shall be within ten days after receipt of the request for review. The applicant or eligible individual shall also be notified of the applicant's or eligible individual's right to obtain assistance through the Iowa client assistance program.

b. The administrative review shall consist of review of the case file and any other documentation involved in the subject matter of the review; interviews with the service specialists for the blind and any others directly involved with the subject matter of the review; and an interview with the applicant or eligible individual or, as appropriate, a representative of the applicant or eligible individual.

c. The program administrator shall issue a written decision within five days of the review. The decision shall set forth the issue, principle, and relevant facts established during the review; pertinent provision of law, administrative rule or department policy; and the reasoning upon which the decision is based. The letter transmitting the decision shall advise the applicant or eligible individual that the applicant or eligible individual shall inform the program administrator within seven days that either: (1) the applicant or eligible individual accepts the decision; or (2) the applicant or eligible individual does not accept the decision and wishes to proceed either to mediation or to a formal hearing.

d. A record of the decision and any action resulting from the decision shall be sent to the applicant or eligible individual by mail. The decision and a record of any action resulting from the decision shall be entered into the case file.

10.8(3) Mediation. An applicant or eligible individual who is dissatisfied with the findings of an administrative review or who has elected to bypass the administrative review process may request mediation by submitting a letter to the program administrator. This letter must be received within seven days of the date of determination of the administrative review, if an administrative review has been conducted.

a. The program administrator shall acknowledge receipt of the request for mediation and shall make arrangements for mediation to occur within 30 days of the request to initiate the dispute resolution process. The date, time and place shall be mutually agreeable to all parties. The applicant or eligible individual shall be notified in writing of the right to submit evidence or information to support the applicant's or eligible individual's position and to obtain representation to be present during the mediation sessions. The applicant or eligible individual shall also be notified of the applicant's or eligible individual's right to obtain assistance through the Iowa client assistance program. All mediation sessions shall be held in a timely manner and shall be concluded within 45 days of the date that the applicant or eligible individual initiated the dispute resolution process, unless an extension of this time is agreed upon by all parties. The department will pay costs for the mediator and, when appropriate, transportation, meals and lodging expenses for the applicant or eligible individual which are directly associated with the mediation process. The program administrator will determine who will represent the department during mediation sessions.

b. The department, in conjunction with the department of education, division of vocational rehabilitation services, will maintain a list of individuals who are impartial, qualified mediators and knowledgeable in laws (including regulations) relating to the provision of vocational rehabilitation services. Potential mediators will be identified by the division of vocational rehabilitation services utilizing three primary sources: mediators used by the department of education, the Iowa peace institute, and the Iowa extension service. The department and the division of vocational rehab-ilitation services will train potential mediators in the laws and regulations governing vocational rehabilitation.

c. A mediator will be selected at random or by agreement of the director and the applicant or eligible individual or, as appropriate, the applicant's or eligible individual's representative from the list described in paragraph "b."

d. Discussions which occur during the mediation proc-ess shall be confidential and shall not be used as evidence in any subsequent due process hearing or civil proceeding.

e. All agreements reached by the parties to the dispute in the mediation process shall be set forth in a written mediation agreement. This agreement shall be prepared by the mediator and mailed within seven days to all parties.

f. Either party to the dispute may request a formal hearing. This request must be in writing and must be submitted to the director within seven days of the date of the written mediation agreement.

10.8(4) Formal hearing. An applicant or eligible individual who is dissatisfied with any determinations made concerning the furnishing or denial of vocational rehabilitation services, or the findings of an administrative review or mediation if an administrative review or mediation took place, may request a formal hearing by submitting a letter to the director.

a. The director shall acknowledge receipt of the request and make arrangements for a formal hearing to be held within 45 days of the request of the applicant or eligible individual to initiate the dispute resolution process at a date, time, and place mutually agreeable to both parties. The applicant or eligible individual shall also be notified of the right to have a representative present at the formal hearing and to seek assistance through the Iowa client assistance program. Reasonable time extensions shall be granted for good cause shown at the request of a party or at the request of both parties.

b. The impartial hearing officer shall be an individual who is not an employee of a public agency other than an administrative law judge, hearing examiner, or employee of an institution of higher education. (An individual is not an employee of a public agency solely because the individual is paid by that agency to serve as a hearing officer.) The hearing officer (1) is not a member of the commission for the blind; (2) has not been involved in previous decisions regarding the vocational rehabilitation of the applicant or eligible individual; (3) has knowledge of the delivery of vocational rehabilitation services, the state plan, and the federal and state regulations governing the provision of services; (4) has received training with respect to the performance of official duties; and (5) has no personal, professional, or financial interest that would be in conflict with the hearing officer's objectivity. The director may also request that other designated department personnel be present at the formal hearing. At the request of the applicant or eligible individual, a representative of the applicant or eligible individual and a representative of the Iowa client assistance program may also be present. Any of these persons shall have the opportunity to present relevant evidence.

c. An impartial hearing officer must be selected on a random basis or by agreement between the director and the applicant or eligible individual or, as appropriate, the applicant's or eligible individual's representative from a pool of persons qualified to be an impartial hearing officer.

d. The impartial hearing officer shall inform those present of the confidentiality of matters discussed. The proceedings shall be recorded and, if necessary, transcribed.

e. Within 30 days of the completion of the formal hearing, the decision of the impartial hearing officer shall be mailed to the applicant or eligible individual or, if appropriate, the applicant's or eligible individual's representative, and the director. A representative of the Iowa client assistance program who has attended the formal hearing shall also receive a copy of the decision. The applicant or eligible individual may receive a copy of the transcript of the hearing upon written request to the director.

The decision of the impartial hearing officer shall be based upon the provisions of the approved state plan, the federal Vocational Rehabilitation Act of 1973 as amended through 1998, federal vocational rehabilitation regulations, and state regulations and policies.

f. The decision of the hearing officer is final.

10.8(5) Transcripts, notices, responses, and other documents which are an integral part of the dispute resolution process shall be provided to involved parties in standard print format. An applicant or eligible individual, or representative of an applicant or eligible individual, or other involved party may request provision of documents in the alternative medium of braille, cassette tape, or large-type format. Documents in the alternative medium shall be provided in a timely manner.

ARC 9435A

CIVIL RIGHTS COMMISSION[161]

Notice of Intended Action

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

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

Any interested person may make written suggestions or comments on the proposed amendments on or before November 9, 1999. Such written suggestions or comments should be directed to the Civil Rights Commission, 211 East Maple, 2nd Floor, Des Moines, Iowa 50309; fax (515) 242-5840.

Persons are also invited to present oral or written comments at a public hearing which will be held on November 9, 1999, at 1 p.m. in the conference room at the Civil Rights Commission, 211 East Maple, 2nd Floor, Des Moines, Iowa 50309. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.

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

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

The following amendments are proposed.

ITEM 1. Amend rule 161--9.6(216) by renumbering existing subrule 9.6(3) as 9.6(4) and adopting the following new subrule:

9.6(3) Notice of person's rights in the discovery process shall be given to the person from whom discovery is sought. This notice is sufficient if it sets out in brief the person's rights under these rules: to object to the discovery method; to seek a protective order; and to legal counsel.

ITEM 2. Amend subrule 9.10(1) as follows:

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

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

Notice of the effect of an admission shall be given to the person from whom the admission is sought.

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

ARC 9423A

ELDER AFFAIRS DEPARTMENT[321]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 231C.3, the Department of Elder Affairs hereby gives Notice of Intended Action to amend Chapter 27, "Assisted Living Programs," Iowa Administrative Code.

These amendments are intended to bring Chapter 27 into compliance with Iowa Code chapter 17A by proposing a new subrule 27.2(3) that provides a specific dollar amount for certification and recertification fees and by proposing new subrules 27.2(4) and 27.2(5) that provide for blueprint review fees and specific dollar amounts.

These amendments will not be subject to waiver due to the need for consistent application of fees. Waiver of fees would limit the Department's ability to cover the cost of processing assisted living program applications and blueprints. Fees have been set at a level that is not expected to be prohibitive for potential providers. Special provision has been made for small assisted living programs.

Any interested person may make written suggestions or comments on the proposed amendments on or before November 9, 1999. Written comments should be directed to Dr. Judith A. Conlin, Director, Department of Elder Affairs, Clemens Building, Third Floor, 200 Tenth Street, Des Moines, Iowa 50309-3609.

Oral or written comments may be submitted at a public hearing to be held at 10 a.m. on Tuesday, November 9, 1999, in the North Conference Room, Department of Elder Affairs, Clemens Building, Third Floor, 200 Tenth Street, Des Moines, Iowa 50309-3609. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of these amendments.

Anyone who wishes to attend the hearing and has special requirements such as hearing, vision, mobility impairments, or other special needs should notify the Department of Elder Affairs no later than 4 p.m. on Thursday, November 4, 1999. Notice may be in writing or by telephone at (515)281-4658.

These amendments are intended to implement Iowa Code section 231C.3.

The following amendments are proposed.

Adopt new subrules 27.2(3) to 27.2(5) as follows and renumber current subrules 27.2(3) to 27.2(5) as 27.2(6) to 27.2(8).

27.2(3) Certification fees.

a. The certification fee is to accompany the application for certification.

b. The application and certification fee are to be sent to Assisted Living Certification, Department of Elder Affairs, Clemens Building, Third Floor, 200 Tenth Street, Des Moines, Iowa 50309-3609.

c. Initial two-year certification fees for assisted living programs are as follows:

(1) Small Assisted Living Programs $500

(maximum occupancy is less than 16 individuals)

(2) Large Assisted Living Programs $750

(maximum occupancy is 16 or more tenants)

d. Fees for renewal of certification are as follows:

(1) Small Assisted Living Programs

Standard 2-year $750

Expanded 3-year $750

Expanded 4-year $1,000

(2) Large Assisted Living Programs

Standard 2-year $1,000

Expanded 3-year $1,000

Expanded 4-year$1,250

27.2(4) Blueprint reviews for assisted living programs.

a. Blueprints must be reviewed prior to construction or remodeling of a building for use as an assisted living program.

b. The blueprint review fee must accompany the blueprints.

c. Blueprints must be wet-sealed by an Iowa-licensed architect or engineer and must include all supporting plumbing, electrical and mechanical system documentation. Other documentation that must be provided with the blueprints for review prior to construction or remodeling includes:

(1) The evacuation/emergency plan;

(2) The product data and shop drawings for the fire alarm, smoke detection and sprinkler systems.

d. Blueprints, supporting documentation and the review fee are to be sent to Assisted Living Blueprint Review, Department of Elder Affairs, Clemens Building, Third Floor, 200 Tenth Street, Des Moines, Iowa 50309-3609.

27.2(5) Blueprint review fees. Blueprint review fees for assisted living programs are as follows:

a. Small Assisted Living Programs $500

(maximum occupancy is less than 16 individuals)

b. Large Assisted Living Programs $900

(maximum occupancy is 16 or more tenants)

ARC 9436A

ENGINEERING AND LAND SURVEYING EXAMINING BOARD[193C]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 542B.6, the Engineering and Land Surveying Examining Board hereby gives Notice of Intended Action to amend Chapter 2, "Minimum Standards for Property Surveys," Iowa Administrative Code.

These amendments clarify and revise the standards for measurement for land surveys and add rules regarding preparing and recording U.S. Public Land Survey Corner Certificates.

Waiver of these rules can be sought pursuant to 193C-- Chapter 7, "Waivers or Variances from Rules."

Any interested person may make written or oral suggestions or comments on these proposed amendments on or before November 9, 1999. Comments should be directed to Gleean Coates, Executive Secretary, Engineering and Land Surveying Examining Board, 1918 S.E. Hulsizer Road, Ankeny, Iowa 50021, or telephone (515)281-7360.

These amendments are intended to implement Iowa Code sections 355.3 and 542B.2.

The following amendments are proposed.

ITEM 1. Amend subrule 2.5(3) as follows:

2.5(3) The plat shall show and identify all monuments necessary for the location of the parcel and shall indicate whether such monuments were found or placed and shall include an accurate description of each monument consisting of but not limited to size, shape, material type, capped with license number, and color ~~as applicable~~.

ITEM 2. Amend rule 193C--2.6(542B) as follows:

193C--2.6(542B) Measurements.

2.6(1) and 2.6(2) No change.

2.6(3) The unadjusted closure for all closed traverse surveys shall be not greater than 1 in 5,000 and, for ~~subdivisions~~ subdivision boundaries, 1 in 10,000.

2.6(4) No change.

2.6(5) The unadjusted error of field measurements shall not be greater than 1 in 5,000.

2.6(6) The relative positional tolerance at the 95 percent confidence level shall be as follows:

a. For subdivision boundaries: ±(0.13 feet + 1:10,000).

b. For all other land surveying: ±(0.26 feet + 1:5,000).

2.6(5 7) Bearings or angles on any property survey plat shall be shown to the nearest one minute; distance shall be shown to the nearest one-tenth foot.

ITEM 3. Amend 193C--Chapter 2 by adopting the following new rule:

193C--2.8(355) U.S. Public Land Survey Corner Certificate.

2.8(1) A corner is considered a part of the U.S. Public Land Survey System if it has the status of a corner of a:

a. Quarter-quarter section or larger aliquot part of a section.

b. Fractional quarter-quarter section or larger fractional part of a section.

c. Government lot.

2.8(2) A U.S. Public Land Survey Corner Certificate shall be prepared by the surveyor as part of any land surveying which includes the use of a U.S. Public Land Survey System corner if one or more of the following conditions exist:

a. There is no certificate for the corner on file with the recorder of the county in which the corner is located.

b. The surveyor in responsible charge of the land surveying accepts a corner position which differs from that shown in the public records of the county in which the corner is located.

c. The corner monument is replaced or modified in any way.

d. The reference ties in an existing public record are incorrect or missing.

2.8(3) A U.S. Public Land Survey Corner Certificate shall comply with the following requirements:

a. The identity of the corner, with reference to the U.S. Public Land Survey System, shall be clearly indicated.

b. The certificate shall contain a narrative explaining:

(1) The reason for preparing the certificate.

(2) The evidence and detailed procedure used in establishing or confirming the corner position whether found or placed.

(3) The monumentation found or placed perpetuating the corner position with an accurate description of each monument including but not limited to size, shape, material type, capped with license number, and color.

(4) The extent of the search for an existing monument when the corner is reset as obliterated or lost.

c. The certificate shall contain a plan-view drawing depicting:

(1) Relevant monuments including the reference monumentation and an accurate description thereof.

(2) Physical surroundings including highway and street center lines, fences, structures and other artificial or natural objects as applicable that would facilitate recovery of the corner.

(3) Reference ties in sufficient detail to enable recovery of the corner. There shall be at least three reference ties from the corner to durable physical objects near the corner which are located so that the intersection of any two of the ties will yield a strong corner position recovery. All ties shall be measured to one-hundredth of a foot.

d. The certificate shall contain a certification statement, seal, signature and date by the surveyor in accordance with rule 193C--1.30(542B).

2.8(4) The surveyor shall record the required U.S. Public Land Survey Corner Certificate and forward a copy to the county engineer of the county in which the corner is located within 30 days after completion of the surveying.

ARC 9438A

EXECUTIVE COUNCIL[361]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 668A.1(2), the Executive Council hereby gives Notice of Intended Action to adopt a new Chapter 12, "Disbursement of Money from Civil Reparations Trust Fund," Iowa Administrative Code.

This chapter governs the distribution of money from the Civil Reparations Trust Fund under Iowa Code chapter 668A. Money from the Civil Reparations Trust Fund is available to indigent civil litigation programs or insurance assistance programs. These rules provide a mechanism for notice to the public when money has been deposited into the fund, establish a time period for applications for the money from qualified programs, delineate criteria under which the Executive Council will determine distribution of the money, create a procedure for applicants to contest distribution decisions and authorize charging administrative costs against the fund.

The Executive Council solicits comment and will consider whether to include a waiver rule to authorize waiver of the requirements of rule 12.3(668A) on a case-by-case basis.

Consideration will be given to all written suggestionsor comments on the proposed rules received on or beforeNovember 9, 1999. Comments should be addressed toGeorgAnna Madsen, State Treasurer's Office, State Capitol, Des Moines, Iowa 50319, or faxed to (515)281-7562, orE-mailed to gmadsen@max.state.ia.us.

These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapters 7D and 668A.

The following new chapter is proposed.

CHAPTER 12
DISBURSEMENT OF MONEY FROM
CIVIL REPARATIONS TRUST FUND

361--12.1(668A) Eligibility. Money in the civil reparations trust fund may be disbursed upon application for indigent civil litigation programs or insurance assistance programs.

361--12.2(668A) Notice of funds. The executive council shall provide notice of availability of money in the fund in the following ways:

12.2(1) Administrative Law Bulletin. The executive council shall publish notice of the balance in the fund in the Administrative Law Bulletin semiannually in January and July of each year and within 30 days of the deposit of any amount into the fund exceeding $10,000. If the deposit of an amount exceeding $10,000 would cause notice within 30 days of the deposit to be published in January or July, no additional publication is required.

12.2(2) First-class mail. The executive council shall maintain a mailing list of those persons who wish to receive notice of the balance in the fund. Notice shall be sent semi-annually in January and July of each year and within 30 days of the deposit of any amount into the fund exceeding $10,000 by first-class mail to all persons on the mailing list. If the deposit of an amount exceeding $10,000 would cause notice within 30 days of the deposit to be mailed in January or July, no additional mailing is required. Any person may be added to the mailing list on request.

In the event that there is no money in the fund in January or July, no notice will be published or mailed.

361--12.3(668A) Applications. The executive council shall accept applications for money from the fund for a period of 30 days after notice has been published in the Administrative Law Bulletin or sent by first-class mail. Applications will be not be accepted in advance of this time period.

12.3(1) Forms. Application forms are available in the office of the state treasurer.

12.3(2) Filing. Applications shall be filed with the office of the state treasurer.

12.3(3) Timeliness. An application is timely if it is postmarked on the thirtieth day after the date of publication in the Administrative Law Bulletin or on the thirtieth day after the date affixed to the notice sent by first-class mail, whichever is later.

361--12.4(668A) Criteria. In determining whether to grant an application for money from the fund, the executive council shall consider the following factors:

1. The purpose for which the money will be utilized;

2. The number of people who will be served by the money;

3. The availability to the applicant of alternative sources of money;

4. The degree to which the applicant complied with legal restrictions on the use of the money under any prior applications.

361--12.5(668A) Disposition of applications. The executive council shall determine the disposition of all pending applications and notify all applicants of the decision by first-class mail. Notice of disposition shall be sent to all applicants on the same date.

361--12.6(668A) Motion for reconsideration. Any applicant who is aggrieved or adversely affected by the disposition of the applicant's application must file a motion for reconsideration in the office of the state treasurer within 15 days of the date affixed to the notice of disposition. The motion is deemed filed when received and date-stamped by the treasurer.

361--12.7(668A) Grounds. The motion for reconsideration must delineate the specific grounds for reconsideration. An applicant may request a contested case hearing; however, any request for a contested case hearing must specifically delineate the facts in dispute to be contested and determined at the hearing.

361--12.8(668A) Procedure. The executive council shall rule on any pending motion for reconsideration, including a request for a contested case hearing. In the event that a request for a contested case hearing is granted, the proceeding shall be conducted as provided in 361 IAC 10.8(17A,68B) et seq. The burden of proof by a preponderance of the evidence shall be on the requester to establish grounds for reconsideration. The decision of the executive council shall be defended by the office of the attorney general.

361--12.9(668A) Disbursement of money. No money will be disbursed from the fund after disposition of all applications until the time period for filing a motion for reconsideration has expired or a final decision on any pending motion for reconsideration has been issued.

361--12.10(668A) Administrative costs. The costs of administering this fund, including any costs associated with the conduct of any contested case proceeding challenging the disbursement of money from the fund and costs for postage and copying, shall be billed to the fund after approval by the executive council.

These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapters 7D and 668A.

ARC 9424A

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 217.6, the Department of Human Services proposes to amend Chapter 1, "Departmental Organization and Procedures," appearing in the Iowa Administrative Code.

Iowa Code section 17A.3(1)"a" requires state agencies to adopt as a rule a description of the organization of the agency which states the general course and method of its operations, the administrative subdivisions of the agency, and the programs implemented by each of them.

These amendments describe the reorganization of the Department at the state level and remove obsolete references. No changes are being made at the local level.

Under the previous structure, a Deputy Director for Administration and a Deputy Director for Services reported to the Director. The Deputy Director for Administration managed the general support functions of all divisions of the Department. The Deputy Director for Services managed the development and delivery of the financial, medical and social services programs.

Under the new structure, there are three deputy directors reporting to the Director. The Deputy Director for Administration continues to manage the general support functions of all divisions of the Department. The Deputy Director for Policy manages the development of the financial, medical and social services programs. The Adult, Children and Family Services, Economic Assistance, Mental Health and Developmental Disabilities, and Medical Services Division Administrators report to the Deputy Director for Policy.

The Deputy Director for Operations manages the delivery of the financial, medical, and social services programs. The administrators of the Division of Child Support, Case Management, and Refugee Services and the Office of Field Support and the five Regional Administrators report directly to the Deputy Director for Operations. Additionally, the Deputy Director for Operations is responsible for policy implementation and day-to-day operations at the following institutions: the state training school in Eldora; the Iowa juvenile home in Toledo; Cherokee Mental Health Institute; Clarinda Mental Health Institute, located on the grounds of the Clarinda Treatment Complex Institute Campus; Independence Mental Health Institute; Mount Pleasant Mental Health Institute, located on the grounds of the Mount Pleasant Treatment Center Complex; Glenwood State Hospital-School; and Woodward State Hospital-School. The institutions previously reported to the Administrator of the Division of Adult, Children and Family Services or the Division of Mental Health and Developmental Disabilities.

The following organizational changes were also made.

An Office of Communications is created consisting of the Department's legislative liaison, internal communications consultant, and public information officer. This Office reports directly to the Director. Previously, the internal communications consultant reported to the Deputy Director for Administration and the legislative liaison reported to the Administrator of the Division of Policy Coordination.

The Division of Policy Coordination becomes the Division of Child Support, Case Management, and Refugee Services under the Deputy Director for Operations. The Office of Policy Analysis and the Appeals Unit, previously under the Division of Policy Coordination, now report to the Deputy Director for Policy. The Bureau of Purchased Services, also previously under the Division of Policy Coordination, now reports to the administrator of the Division of Fiscal Management.

Consideration will be given to all written data, views, and arguments thereto received by the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, Des Moines, Iowa 50319-0114, on or before November 10, 1999.

These amendments do not provide for waiver in specified situations because these amendments do nothing more than update the description of the organizational structure.

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

The following amendments are proposed.

ITEM 1. Amend rule 441--1.3(17A) as follows:

441--1.3(17A) Organization at state level. The director oversees all service and administrative functions of the department including continuous quality improvement. The deputy director for administration, the deputy director for ~~services~~ policy, the ~~commandant of the Iowa Veterans Home, the chief of~~ deputy director for operations, and the office of communications ~~and legal services~~ report directly to the director.

1.3(1) Deputy director for administration. The deputy director for administration manages the general support functions of all divisions of the department. Principal responsibilities include development of program and operational budgets, accounting and administrative control of appropriation expenditures, design and development of data processing systems, and monitoring and processing of provider payments.

The administrators of the divisions of data management, fiscal management, support services, and ~~chiefs of the office of program evaluation and employee services~~ organization development and support report directly to the deputy director for administration.

a. The administrator of the division of data management is responsible for the development and operation of the automated systems that collect and process information to generate client and vendor payments, track cases and caseloads, monitor and control agency business applications, and assess social programs. Additionally, the administrator is responsible for providing a wide range of technical support for the state institutions, personal computing assistance, office automation support, program and operational research and analysis, forecasting of program expenditures, and utilization and report development and preparation.

b. The administrator of the division of fiscal management is responsible for developing annual budgets to be presented to the council on human services, governor's office, and legislature; for monitoring expenditures; for providing management with monthly forecasts for all department budget units and subunits; and for filing quarterly federal expenditures and estimate of expenditure reports. Additionally, the administrator is responsible for providing the accounting for the department's programs and operations; for coordinating payment and contracting for purchased services; for processing claims, invoices, and payroll checks; and for operating the cost allocation system which enables recovery of federal dollars.

c. The administrator of the division of support services has responsibility for equipment, purchasing, space allocation, printing, food stamp issuance and accountability, supplies management, cash receipts, manual distribution, fixed assets inventory control, central information delivery system (CIDS) teleconferencing and the mail. Additionally, the administrator is responsible for providing administration of surplus food distribution programs, nutrition consulting services, state vehicle fleet management, and liaison with the department of general services in the development of capital improvements and major maintenance projects for department institutions.

d. The chief of the office of program evaluation is responsible for conducting client case audits on a sample of all Medicaid and financial assistance programs, auditing claims paid to medical providers, evaluating local office management of the food stamp program, and directing corrective action to improve efficiency. The administrator of the division of organization development and support has responsibility for providing leadership, direction, and oversight of organization staff development (learning resource team) and employee services (human resource team) including labor relations, compensation, recruitment, health and safety, disaster assistance, volunteer programs, professional library services, and diversity, affirmative action, and equal opportunity programs for employees, vendors, and department clients.

e. The chief of the office of employee services is responsible for supervising employee training activities, personnel document processing, the professional library, the disaster assistance program and the department's volunteer program.

1.3(2) Deputy director for ~~services~~ policy. The deputy director for ~~services~~ policy manages the development ~~and delivery~~ of the financial, medical and social services programs for eligible Iowans.

The administrators of the divisions of adult, children and family services, economic assistance, medical services, and mental health~~, mental retardation,~~ and developmental disabilities~~, policy coordination, the chief of the office of field support, and the administrators of the five regional offices~~ report directly to the deputy director for ~~services~~ policy. In addition, the office of policy analysis and the appeals unit report directly to the deputy director for policy.

a. The administrator of the division of adult, children and family services is responsible for the development and direction of service, regulatory, and financial reimbursement programs for children, families and dependent adults, including programs for foster care, adoption, child protection, family services, day care, and child and adult abuse registries. Additionally, the administrator is responsible for ~~overseeing~~ setting program policy for the following institutions:

(1) The state training school in Eldora.

(2) The Iowa juvenile home in Toledo.

b. The administrator of the division of economic assistance is responsible for the development and direction of financial assistance programs, including the ~~aid to families with dependent children~~ family investment program, the food stamp program, emergency assistance, ~~aid to Indians,~~ PROMISE JOBS, the self-employment investment demonstration project, refugee cash assistance, the family development and self-sufficiency demonstration program, the transitional child care assistance program, ~~the cash bonus program,~~ systematic alien verification for entitlements, and the food stamp employment and training program.

c. The administrator of the division of medical services is responsible for the development and direction of medical service programs, including Medicaid, state supplementary assistance, refugee medical assistance, and interim assistance reimbursement.

d. The administrator of the division of mental health~~, mental retardation,~~ and developmental disabilities is responsible for the development and direction of supports and services as well as the financing of such services for persons with mental illness, mental retardation, and developmental disabilities~~, and for administration of the gamblers assistance program~~. Additionally, the administrator is responsible for ~~overseeing~~ setting program policy for the following institutions:

(1) Cherokee Mental Health Institute.

(2) Clarinda Mental Health Institute, located on the grounds of the Clarinda Treatment Complex Institute Campus.

(3) Independence Mental Health Institute.

(4) Mount Pleasant Mental Health Institute, located on the grounds of the Mount Pleasant Treatment Center Complex.

(5) Glenwood State Hospital-School.

(6) Woodward State Hospital-School.

e. The administrator of the division of policy coordination is responsible for primary support services to all line elements of the department in the areas of child support and foster care collections and refugee services. In addition, the administrator ensures consistency with appropriate standards and operations, provides federal liaison services, maintains legislative relations, reviews selected client or constituent concerns, works on special planning and development proj-ects, coordinates payment and contracting for purchased services, ensures compliance with equal opportunity and affirmative action standards and goals and has responsibility for the department's Title XIX case management policy and budget.

f. The chief of the office of field support is responsible for the day-to-day contact with the regional offices on administrative and program operation issues and addressing client or constituent concerns.

1.3(3) Commandant of the Iowa Veterans Home. The commandant has responsibility for veterans' services for the department, including the Iowa Veterans Home, Marshalltown, which receives honorably discharged veterans who have served in the armed forces of the United States and spouses or surviving spouses of qualified veterans for long-term health care services if they meet the admission criteria as adopted by the department. Deputy director for operations. The deputy director for operations manages the delivery of the financial, medical and social services programs for eligible Iowans. The administrators of the division of child support, case management, and refugee services and the office of field support and the administrators of the five departmental regions report directly to the deputy director for operations. Additionally, the deputy director is responsible for policy implementation and day-to-day operations at the following institutions: the state training school in Eldora; the Iowa juvenile home in Toledo; Cherokee Mental Health Institute; Clarinda Mental Health Institute, located on the grounds of the Clarinda Treatment Complex Institute Campus; Independence Mental Health Institute; Mount Pleasant Mental Health Institute, located on the grounds of the Mount Pleasant Treatment Center Complex; Glenwood State Hospital-School; and Woodward State Hospital-School.

a. The administrator of the division of child support, case management, and refugee services is responsible for primary support services to all line elements of the department in the areas of child support and foster care collections and refugee services, and has responsibility for the department's Title XIX case management policy and budget.

b. The administrator of the office of field support is responsible for the day-to-day contact with the regional offices on administrative and program operation issues and addressing client or constituent concerns.

1.3(4) Office of communications. The office of communications addresses the different facets of the department's internal and external communication needs. The ~~chief of the~~ office of communications is responsible for providing public information to clients, constituency groups, and the media, while also facilitating internal communications within the department.

a. The legislative liaison provides federal and state liaison services, maintains legislative relations, and reviews client and constituent concerns.

b. The internal communications consultant addresses the different facets of the department's internal communication needs.

c. The public information officer is responsible for the department's external communication to the media and other outside stakeholders.

ITEM 2. Amend rule 441--1.6(17A), introductory paragraph and subrules 1.6(4) and 1.6(6), as follows:

441--1.6(17A) Mental health and mental retardation commission. The administrator of the division of mental health~~, mental retardation,~~ and developmental disabilities has, by statute, the advice and counsel of the mental health and mental retardation commission. This 15-member commission is appointed by the governor with confirmation by two-thirds of the members of the senate. The commission's powers and duties are policymaking and advisory with respect to mental health and mental retardation, services, and programs administered by the division of mental health~~, mental retardation,~~ and developmental disabilities.

1.6(4) Copies of the minutes are kept on file in the office of the administrator of the division of mental health~~, mental retardation,~~ and developmental disabilities.

1.6(6) Any person wishing to make a presentation at a commission meeting shall notify the Administrator, Division of Mental Health~~, Mental Retardation,~~ and Developmental Disabilities, Hoover State Office Building, Des Moines, Iowa ~~50309~~ 50319-0114, (515)281-5874, at least 15 days prior to the commission meeting.

ARC 9425A

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 252B.3(3), the Department of Human Services proposes to amend Chapter 95, "Collections," appearing in the Iowa Administrative Code.

This amendment revises policy governing closure of child support cases to be consistent with revised federal regulations. The changes include:

* Allowing the case to close when the identity of the alleged father is unknown. Under current policy, there is not a specific closure regulation for instances when the identity of the alleged father is unknown. States had been directed to close these cases under the regulation describing inability to locate a noncustodial parent. This change matches the federal regulation and makes it clear that these cases can be closed, but only after an interview with the recipient of services.

These cases were previously closed under the regulation and rule covering inability to locate a noncustodial parent. That rule required the case to be kept open for three years. This revised rule removes the three-year time requirement, but adds a specific requirement that an interview must be conducted before the case can be closed. So, in a paternity case, a case could be closed sooner, but only after the person receiving services has been interviewed by the Child Support Recovery Unit (CSRU).

* Allowing the case to close after one year, if there is insufficient information to perform automated location searches. (The current three-year requirement remains if sufficient information to perform automated location searches is available.) Under current policy, all cases in which the noncustodial parent's location is unknown are kept open for three years even if CSRU does not have a name and social security number or enough information to find a social security number. Due to the current level of automation used in locating a noncustodial parent, when there is enough information to do an automated search, the case will remain open for three years, during which time automated searches will be performed. If there is not enough information for an automated search, it is unlikely that sufficient information leading to a social security number will be obtained after one year.

Some cases without social security numbers or enough information to obtain one will be closed earlier than in the past.

* Allowing an interstate case to close when the state which requested Iowa's services does not take the next essential action for Iowa to provide services. Under current policy in an interstate case, when another state asks Iowa's CSRU to establish or enforce support, CSRU cannot close the case without the permission of the other state. This was so even if that state did not provide information CSRU needed to proceed and did not reply to requests for information. This rule permits CSRU to close its case if it cannot proceed without the other state's cooperation. Some interstate cases that could not be closed under current policy will now be closed.

* Allowing a case to close when the recipient of services requests case closure, rather than only when the custodial party requests the case to close. Ever since federal case closure regulations were first finalized on October 1, 1990, it has been understood and made clear that, if the noncustodial parent requested services to cause the case to open, the noncustodial parent could request the case to close. This change in rules is consistent with that interpretation.

* Allowing a case to close in 60 days when CSRU, despite an attempt to contact the person by first-class mail, has been unable to do so. This is a change from current policy which allows closure in 30 days, following attempts by both telephone and certified letter. Under federal welfare reform law, persons receiving services are required to keep the agency informed of their addresses. When they do not do so, this change permits CSRU to attempt contact by first-class mail. At the same time, it increases the time to respond to the CSRU to 60 days, which balances the responsibility of the recipients of services to keep CSRU informed of their addresses with the agency's responsibility to attempt contact. A first-class letter is a sufficient method of contact and is less costly than a certified letter.

* Adding a statement that, in order to reopen a case that was previously closed under this rule, the nonassistance recipient of services must complete a new application and pay the applicable fee. Prior federal directives stated that, if a recipient of services obtained new information and requested that the case be reopened, the recipient of services would have to fill out the application and pay the applicable fee. This change is consistent with that interpretation.

This amendment does not provide for waivers in specified situations because this amendment only defines cases eligible for closure, which is consistent with federal regulations.

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 November 10, 1999.

This amendment is intended to implement Iowa Code sections 252B.4, 252B.5 and 252B.6.

The following amendment is proposed.

Amend rule 441--95.14(252B) as follows:

441--95.14(252B) Termination of services.

95.14(1) Case closure criteria. In order to be eligible for closure, the case shall meet the requirements of subrule 95.14(3) or at least one of the following criteria:

a. and b. No change.

c. Paternity cannot be established because:

(1) and (2) No change.

(3) The identity of the biological father is unknown and cannot be identified after diligent efforts, including at least one interview by the child support recovery unit with the recipient of services.

d. The noncustodial parent's location is unknown, and the child support recovery unit has made ~~regular attempts~~ diligent efforts using multiple sources, in accordance with regulations in 45 CFR 303.3, as amended to March 10, 1999, which outline use of appropriate sources in established time frames to locate the noncustodial parent ~~over a three-year period~~, all of which have been unsuccessful, within one of the following time frames. :

(1) Over a three-year period when there is sufficient information to initiate an automated locate effort.

(2) Over a one-year period when there is not sufficient information to initiate an automated locate effort.

e. to g. No change.

h. The child support recovery unit documents failure by the child support agency of another state which requested services to take an action which is essential for the next step in providing services.

95.14(2) Notification. In cases meeting the criteria of subrule 95.14(1), paragraphs "a" through "f," and "h," the child support recovery unit shall send notification of its intent to close the case to the ~~custodial parent or caretaker~~ recipient of services or the child support agency in the state which requested services in writing 60 calendar days prior to case closure. The notice shall be sent to the ~~custodial parent or caretaker~~ recipient of services or the state requesting services at the last-known address stating the reason for denying or terminating services, the effective date, and an explanation of the right to request a hearing according to 441--Chapter 7. Closure of the case following notification is subject to the following:

a. If, in response to the notice, the ~~custodial parent or caretaker~~ recipient of services or the state requesting services supplies information which could lead to the establishment of paternity or a support order or enforcement of an order, the case shall be kept open.

b. The ~~custodial parent or caretaker~~ recipient of services may request that the case be reopened at a later date if there is a change in circumstances which could lead to the establishment of paternity or a support order or enforcement of an order by completing a new application and paying any applicable fee.

95.14(3) Reasons for termination of services to nonpublic assistance recipients. Services to a recipient of nonpublic assistance support services may be terminated when one of the case closure criteria of paragraphs 95.14(1)"a" through "f" or "h" is met or may occur for one or more of the following reasons:

a. No change.

b. The child support recovery unit is unable to contact the ~~custodial parent or caretaker~~ recipient of services within a 30 60-calendar-day period despite ~~attempts~~ an attempt by ~~both telephone and at least one certified~~ letter sent by first-class mail to the last-known address.

c. The ~~custodial parent or caretaker~~ recipient of services has failed to cooperate with the child support recovery unit, the circumstances of the noncooperation have been documented, and an action by the ~~custodial parent or caretaker~~ recipient of services is essential for the next step in providing services. (See rule 441--95.19(252B).)

d. and e. No change.

95.14(4) Notification in nonpublic assistance cases. Notification shall be provided to nonpublic assistance cases in the manner and under the conditions stated in subrule 95.14(2), except for cases terminated for the reasons listed in paragraphs 95.14(3)"a" and "d." If the case was closed because the child support recovery unit was unable to contact the ~~custodial parent or caretaker~~ recipient of services as provided in paragraph 95.14(3)"b," the case shall be kept open if contact is reestablished with the ~~custodial parent~~ recipient of services prior to the effective date of the closure.

This rule is intended to implement Iowa Code sections 252B.4, 252B.5 and 252B.6.

ARC 9420A

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 ofIntended Action to amend Chapter 3, "Licensure toPractice--Registered Nurse/Licensed Practical Nurse," Iowa Administrative Code.

This amendment rescinds a subrule allowing individuals enrolled in an RN nursing program on June 30, 1995, who did not subsequently graduate from an RN or PN program, to apply for licensure as an LPN in Iowa by examination.

Any interested person may make written comments or suggestions on or before November 9, 1999. Such written materials should be directed to the Executive Director, Board of Nursing, RiverPoint Business Park, 400 S.W. Eighth Street, Suite B, Des Moines, Iowa 50309-4685. Persons who want to convey their views orally should contact the Executive Director at (515)281-3256, or in the Board office at the address above, by appointment.

This amendment is intended to implement Iowa Code section 152.7.

The following amendment is proposed.

Rescind and reserve subrule 3.4(5).

ARC 9429A

PUBLIC SAFETY DEPARTMENT[661]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 100.35, the Department of Public Safety hereby gives Notice of Intended Action to amend Chapter 5, "Fire Marshal," Iowa Administrative Code.

The proposed amendment provides that small group homes which serve persons with mental retardation, chronic mental illness, developmental disabilities, or brain injuries licensed by the Department of Inspections and Appeals under a special classification established pursuant to Iowa Code section 135C.2 as amended by 1999 Iowa Acts, House File 497, section 11, be required to have operating sprinkler systems which meet national standards, if they have door locking arrangements which will prevent the residents from free egress. Prior to the passage of 1999 Iowa Acts, House File 497, the language of Iowa Code section 135C.2, subsection 5, paragraph "b," required that fire marshal rules for such facilities be no more restrictive than those adopted in 1986 for what was then known as "waiver group home." These were small group homes for the mentally retarded, and the rules for them adopted in 1986 did not contemplate locking arrangements which would prevent egress by the residents in case of a fire and therefore did not require sprinkler systems. In recent years, the use of the special licensing classification established in Iowa Code section 135C.2, subsection 5, paragraph "b," has expanded, including use with some types of residents for whom locked facilities which prevent easy egress are needed. The change proposed here was enabled by the striking of the language from Iowa Code section 135C.2, subsection 5, paragraph "b," which restricted the discretion of the State Fire Marshal to distinguish among small group homes licensed under this provision.

A public hearing on this proposed amendment will be held on November 16, 1999, at 10 a.m. in the Third Floor Conference Room of the Wallace State Office Building, 900 East Grand Avenue, Des Moines, Iowa 50319. Persons may pre-sent their views orally or in writing at the public hearing. Persons who wish to make oral presentations at the public hearing should contact the Plans and Research Bureau, Department of Public Safety, Wallace State Office Building, Des Moines, Iowa 50319, by mail, or by telephone at (515) 281-5524, or by electronic mail to admrule@dps.state.ia.us, at least one day prior to the public hearing. Any written comments or information regarding this proposed amendment may be directed to the Plans and Research Bureau by mail or electronic mail at the addresses indicated, or may be submitted at the public hearing. Persons who wish to convey their views orally other than at the public hearing may contact the Plans and Research Bureau by telephone or in person at the Bureau office at least one day prior to the public hearing.

This amendment is intended to implement Iowa Code section 135C.2 as amended by 1999 Iowa Acts, House File 497, section 11.

The following amendment is proposed.

Amend subrule 5.620(7) by rescinding paragraph "b" and adopting in lieu thereof the following new paragraph:

b. Homes in which exiting is restricted by special door locking arrangements that prevent residents from free egress shall be equipped with sprinkler systems meeting the requirements of National Fire Protection Association Standard Number 13D, 1996 edition.

EXCEPTION: Homes in this classification that were licensed prior to November 1, 1999, shall comply with this requirement within a reasonable period of time, not to exceed two years, or by [date to be inserted upon adoption of this amendment].

ARC 9433A

REVENUE AND FINANCE DEPARTMENT[701]

Notice of Intended Action

Pursuant to the authority of Iowa Code sections 421.14 and 422.68, the Department of Revenue and Finance hereby gives Notice of Intended Action to amend Chapter 5, "Public Records and Fair Information Practices," and Chapter 6, "Organization, Public Inspection," Iowa Administrative Code.

Item 1 amends the introductory paragraph to 701--Chapter 5 to provide clarity regarding the rules adopted in the chapter. Items 2, 3, and 4 amend 701--subrule 5.14(6), paragraphs "i," "l," and "hh," to provide Iowa Code reference updates and delete obsolete information. Item 5 amends 701--paragraph 6.1(3)"b" at the implementation clause and rescinds the organizational charts for the Department and sets forth text describing the organization and duties of the Department and its various subdivisions in order to provide accurate references and eliminate obsolete information. Item 6 amends rule 701--6.2(17A) to provide an accurate rule reference. Item 7 amends rule 701--6.3(17A) to implement changes regarding the release of tax information pursuant to subpoena made in Iowa Code section 422.72. Item 8 amends rule 701--6.6(422) at the implementation clause to update an Iowa Code reference.

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

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

The Department has determined that these proposed amendments may have an impact on small business. The Department has considered the factors listed in Iowa Code section 17A.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 November 23, 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 qualify as a small business, or an organization representing at least 25 such persons.

Any interested person may make written suggestions or comments on these proposed amendments on or before November 19, 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 convey their views orally 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 November 12, 1999.

These amendments are intended to implement Iowa Code chapters 421, 422, 452A and 453A.

The following amendments are proposed.

ITEM 1. Amend 701--Chapter 5, introductory paragraph, as follows:

The Iowa department of revenue and finance hereby adopts, with the following exceptions and amendments, rules of the Governor's Task Force on Uniform Rules of Agency Procedure relating to public records and fair information practices which are printed in the first volume of the Iowa Administrative Code. Uniform Rules X.1(17A,22) to X.8(17A,22) appear as rules 5.1(17A,22) to 5.8(17A,22). The following rules in this chapter may reference rules that have not been adopted and, therefore, the text of such rules is not set forth in this chapter. Reference to these types of rules is only for the purpose of reference and is not intended for the purpose of adopting the referenced rules in their entirety.

ITEM 2. Amend subrule 5.14(6), paragraph "i," as follows:

i. Motor vehicle fuel tax return and error resolution systems, and related field audit and collection systems (Iowa Code ~~sections 324.4, 324.5, 324.6, 324.8, 324.9, 324.10, 324.15, 324.16, 324.17, 324.18, 324.21, 324.36, 324.37, 324.38, and 324.62~~ chapter 452A);

ITEM 3. Amend subrule 5.14(6), paragraph "l," as follows:

l. Cigarette and tobacco tax systems with related office and field audit and field collections system (Iowa Code ~~sections 98.15, 98.19, 98.43, and 98.49~~ chapter 453A);

ITEM 4. Rescind and reserve subrule 5.14(6), paragraph "hh."

ITEM 5. Amend rule 701--6.1(17A) as follows:

Amend subrule 6.1(3), paragraph "b," by rescinding all of the organizational charts that follow this paragraph and adopting the following new description of the department's organization and duties:

DEPARTMENT OF REVENUE AND FINANCE

The department consists of three entities, which are the department of revenue and finance, which includes the compliance, internal resource management, and state financial management divisions; the state board of tax review; and the lottery division and commission.

THE OFFICE OF THE DIRECTOR

The office of the director consists of the director and the following areas within this division: property tax, strategic planning, internal audit, clerk of the hearing section, and public/private partnership.

Essential Functions of the Director's Office:

1. The director's office provides overall management of the agency and reviews protest and revocation cases on appeal.

2. The property tax section provides technical assistance and training to local assessing jurisdictions, ensures equal assessment of property, and is responsible for determining valuation for railroads, electric, water, and pipeline companies.

3. The strategic planning section plans and coordinates the future operations and goals of the department.

4. Internal audit provides financial checks and balances within the department.

5. The clerk of the hearing section receives all protests, tracks protests and coordinates protest processing.

6. Public/private partnership provides for a working relationship between the public and private sector.

COMPLIANCE DIVISION

The compliance division is lead by two coadministrators. These administrators supervise the daily operations of the examination section, audit services, taxpayer services, policy section, investigative audit section, in-state field offices and out-of-state field offices.

Essential Functions of the Compliance Division:

1. Examination, which includes office examination of returns, assessment, and review and approval of refund claims, and which identifies nonfilers and those that underreport income;

2. Audit services, which includes the development and review of audit programs and completed audits, manuals, and guidelines for auditors, and which coordinates the administrative process of protests and protest resolution;

3. Taxpayer services, which is responsible for responding to inquiries from the public, practitioners and other agencies, and drafting brochures and graphics, completes returns, maintains library and Web page, and coordinates public education by the department;

4. Policy, which is responsible for the interpretation of legislation, statutes and cases, develops and maintains rules for the department and monitors tax-related issues considered by the general assembly and the United States Congress. This section also drafts declaratory orders, offers technical advice and completes studies and reports;

5. Investigative audit, which is responsible for audits for criminal prosecution, reviews cases for potential prosecution and represents the department in criminal proceedings and depositions;

6. In-state field offices provide assistance to taxpayers concerning procedure and perform audits; and

7. Out-of-state field offices perform audits for all taxes throughout the country from nine locations throughout the United States.

INTERNAL RESOURCE MANAGEMENT DIVISION

This division consists of information resources management and employee and financial resources. These sections include administrative services, application design and development, program management, program evaluation, operations, employee resource team, finance, form management, fiscal analysis, reporting, and technical planning and support.

Essential Functions of Internal Resource Management Division:

1. Central accounting, which includes operating budget development, maintenance and reporting;

2. Application development, which includes system analysis, programming, database administration and support;

3. Fiscal analysis and reporting, which includes fact-finding, defining issues, issue resolution, and projection of revenues, and which evaluates fiscal impact of tax legislation and policies on state budget;

4. Forms management, which includes review and performing function of compliance with federal and state law and managing electronic filing programs;

5. Technical planning and support, which includes technical support to the agency on software and hardware issues and which assists in application and development regarding technology-related issues; and

6. Employee resource team, which governs personnel activities, payroll, benefits, quality of the environment and customer service.

STATE FINANCIAL MANAGEMENT DIVISION

This division is lead by two financial management co-administrators and includes collections (accounts receivable, central collections, field office advanced collections), customer accounts, document processing, data operations and information technology, and accounting bureau, which includes financial reporting and processing and financial systems.

Essential Functions of State Financial Management Division:

1. Collections, which include accounts receivable, central collections, advanced collection field offices and customer accounts;

2. Document processing, which includes preparing tax information for processing, deposits and records;

3. Data entry, which includes entry of all tax forms, files, and databases and which edits taxpayer documents and mailing information;

4. Financial reporting and processing which includes general accepted accounting principles (GAAP) reporting, reporting on the financial condition of the state, daily processing and the income offset program; and

5. Financial systems, which includes maintaining all state accounting programs and systems which includes, but is not limited to, collections, offset, taxes and payroll.

Amend the implementation clause as follows:

This rule is intended to implement Iowa Code sections 421.1, 421.2, 421.9, 421.14 and 422.1.

ITEM 6. Amend rule 701--6.2(17A), third unnumbered paragraph, to read as follows:

Identifying details which would clearly warrant an invasion of personal privacy or trade secrets will be deleted from any final order, decision or opinion which is made available for public inspection upon a proper showing by the person requesting such deletion as provided in rules 701-- 7.15(17A) and ~~701--~~7.42(17A).

ITEM 7. Amend rule 701--6.3(17A) as follows:

701--6.3(17A) Examination of records ~~by other state officials~~. Situations may occur that give rise to the need for state officials, other officers, agents or employees of the state, or other persons based on a court subpoena to review tax returns or information belonging to the department in order to fulfill duties and responsibilities or to assist in an investigation. However, there are guidelines that govern such reviews, which are as follows:

6.3(1) Upon the express written approval of the director of revenue and finance or ~~deputy director of revenue and finance~~ administrator of the compliance division, officers or employees of the state of Iowa may examine state tax returns and information belonging to the department to the extent required as part of their official duties and responsibilities. Written approval will be granted in those situations where the officers or employees of the state of Iowa have (1) statutory authority to obtain information from the department of revenue and finance and (2) the information obtained is used for tax administration purposes. Where information is obtained from the department of revenue and finance on a regular basis, the director of revenue and finance may enter into a formal agreement with the state agency or state official who is requesting the information. The agreement will cover the conditions and procedures under which specific information will be released. The following persons do not need written approval from the director ~~or deputy director~~ of revenue and finance or the administrator of the compliance division to examine state information and returns:

1. Assistant attorneys general assigned to the department of revenue and finance.

2. Local officials acting as representatives of the state in connection with the collection of taxes or in connection with legal proceedings relating to the enforcement of tax laws.

3. The child support recovery unit of the department of human services and other state agencies and subdivisions of the state that are set forth in Iowa Code section 421.17 as amended by 1999 Iowa Acts, Senate File 473, section 1, to secure a taxpayer's name and address per the terms of an interagency agreement. (Also see Iowa Code section 252B.9.)

4. ~~The job service division~~ Workforce development department per the terms of an interagency agreement.

5. The legislative fiscal bureau regarding sample individual income tax information to be used for statistical purposes. (Also see Iowa Code section 422.72(1).)

6. The auditor of state, to the extent that the information is necessary to complete the annual audit of the department as required by Iowa Code section 11.2. (Also see Iowa Code section 422.72(1).)

Tax information and returns will not be released to officers and employees of the state who do not meet the requirements set forth above. (See Letter Opinions, November 25, 1981, Richards to Bair, Director of Revenue, and March 4, 1982, Richards to Johnson, Auditor, and Bair, Director of Revenue.)

The director may disclose state tax information, including return information, to tax officials of another state or the United States government for tax administration purposes provided that a reciprocal agreement exists which has laws that are as strict as the laws of Iowa protecting the confidentiality of returns and information.

6.3(2) The director of revenue and finance must provide state tax returns and return information in response to a subpoena issued by the court based on Rule of Criminal Procedure 5 commanding the appearance before the attorney general or an assistant attorney general if the subpoena is accompanied by affidavits from such person and from a sworn peace officer member of the department of public safety affirming that the information is necessary for the investigation of a felony violation of Iowa Code chapter 124, "Controlled Substances," or 706B, "Money Laundering." Affidavits accompanying the subpoenas and the information provided by the director of revenue and finance must remain a confidential record and may only be disseminated to a prosecutor, peace officer involved in the investigation, or to the taxpayer who filed the information. In addition, the court in connection with the filing of criminal charges or institution of a forfeiture action may also receive such confidential information.

A person who knowingly files a false affidavit with the director to secure information or who divulges information received under this rule in any manner prohibited by this rule commits a serious misdemeanor.

This rule is intended to implement Iowa Code sections 252B.9, 421.18, 421.19, 422.20, 422.72 and 452A.63.

ITEM 8. Amend rule 701--6.6(422), implementation clause, as follows:

This rule is intended to implement Iowa Code section ~~422.62~~ 422.68.

ARC 9427A

TRANSPORTATION DEPARTMENT[761]

Notice of Intended Action

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

Pursuant to the authority of Iowa Code sections 307.10 and 307.12, the Department of Transportation hereby gives Notice of Intended Action to amend Chapter 830, "Rail Assistance Program," and to adopt Chapter 831, "Railroad Revolving Loan Fund," Iowa Administrative Code.

The amendments to Chapter 830 delete obsolete provisions and update the names of the Department offices that receive applications for rail assistance projects and rail economic development projects. Waiver provisions are not applicable.

New Chapter 831 implements the Railroad Revolving Loan Fund Program. The railroad revolving loan fund is established in Iowa Code section 327H.20A. The program provides funding in the form of loans for railroad-related improvement projects. This chapter does not provide for waivers because the chapter's provisions are written broadly and are meant to cover a wide variety of projects.

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

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

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

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

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

5. Be received by the Director's Staff Division no later than November 9, 1999.

A meeting to hear requested oral presentations is scheduled for Monday, November 15, 1999, at 10 a.m. in the Commission Conference Room of the Department of Transportation, 800 Lincoln Way, Ames, Iowa.

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

The proposed amendments may have an impact on small business. A request for a regulatory analysis pursuant to 1998 Iowa Acts, chapter 1202, section 10, must be received by the Director's Staff Division at the address listed in this Notice no later than 32 days after publication of this Notice in the Iowa Administrative Bulletin.

These amendments are intended to implement Iowa Code chapter 327H.

Proposed rule-making actions:

ITEM 1. Rescind subrule 830.2(2) and adopt in lieu thereof the following new subrule:

830.2(2) Information regarding rail assistance projects is available from the department's office of program management; telephone (515)239-1145. Information regarding economic development projects is available from the department's office of project planning; telephone (515)239-1225. Written communications should be directed to the attention of the appropriate office at the following address: (name of office), Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010.

ITEM 2. Amend subrules 830.3(1) and 830.3(2) as follows:

830.3(1) Eligibility.

a. A project must meet the definition of "rail assistance project" in rule 830.1(327H) to be eligible for rail assistance project funding.

~~b. To be eligible, a rail assistance project must be listed in the "Iowa Railroad Analysis Update" or its amendments although an unlisted project may be considered on the basis of immediate need.~~

830.3(2) Application.

~~a. To be listed as an eligible project, a written proposal shall be submitted~~ The applicant shall submit the application for a rail assistance project to the ~~department's rail and water division~~ office of program management. ~~with a request for an analysis and a determination of eligibility. Copies of the project analysis are available upon request.~~

~~b. To be considered for funding during the next calendar year, the application shall be submitted by July 31, 1989; each year thereafter the application deadline shall be June 30.~~

~~c. A request for assistance based on immediate need~~ Applications may be submitted at any time. ~~and the analysis and processing of the application will be completed~~ The department shall evaluate each rail assistance project application within a reasonable period of time. ~~The application shall include documentation proving that the normal application procedure would result in either loss of rail service or significant impairment of rail service safety.~~

ITEM 3. Amend subrule 830.4(2) as follows:

830.4(2) Application. The applicant city or county shall submit the application for an economic development project to the ~~department's~~ office of ~~advance~~ project planning.

ITEM 4. Amend paragraph 830.4(4)"b" as follows:

b. If, upon completion of a project review, the application meets the eligibility criteria for an economic development project, ~~the office of advance planning~~ department staff shall present the application to the commission for action at its next meeting.

ITEM 5. Amend subrule 830.6(4) as follows:

830.6(4) Project reporting. The applicant or other sources shall submit to the ~~rail and water division~~ department written notice when work begins on a project, monthly progress reports, itemized billing statements pursuant to the contract, written notice of project completion, and a final billing statement of all project costs.

ITEM 6. Amend subrule 830.6(5) as follows:

830.6(5) Project monitoring. The ~~rail and water division~~ department shall monitor the project work through periodic on-site inspections and shall conduct a final inspection of work completed and material used. The department may conduct a final audit of all project costs.

ITEM 7. Adopt the following new chapter:

CHAPTER 831
RAILROAD REVOLVING LOAN FUND

761--831.1(327H) Introduction. The railroad revolving loan fund program provides funding in the form of loans for railroad-related improvement projects. The railroad revolving loan fund is established in Iowa Code section 327H.20A.

761--831.2(327H) Definitions.

"Rail facilities" includes, but is not limited to, rail lines including terminals, yards, spurs, sidings, switches, and connections; railroad bridges and tunnels; rail intermodal terminals; highway bridges over rail lines; highway underpasses under rail lines; track facilities and depots to facilitate rail passenger service; and highway-railroad grade crossing surfaces and signals.

761--831.3(327H) Information and forms. Information, instructions and application forms may be obtained from the Office of Program Management, Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone (515)239-1145. Completed applications shall be submitted to this address.

761--831.4(327H) Purpose of program. The purpose of the railroad revolving loan fund program is to provide loans for projects that will improve railroad capacity, efficiency, or safety in Iowa.

761--831.5(327H) Funding.

831.5(1) The commission is responsible for determining the projects to be funded. See rule 761--831.11(327H).

831.5(2) All project costs exceeding the commission's funding commitment are the responsibility of the applicant.

831.5(3) The commission need not commit all funds available during a fiscal year. Unexpended funds shall be retained for programming during future fiscal years.

831.5(4) Railroad revolving loan funds may be used as matching funds for other state or federal projects or programs that qualify under this chapter.

831.5(5) Railroad revolving loan funds may be used to refinance a completed project that would have otherwise qualified under this chapter.

761--831.6(327H) Project criteria.

831.6(1) All rail facilities, as defined in rule 761-- 831.2(327H), are eligible for project funding except facilities to be used solely for railroad passenger tourism.

831.6(2) The minimum loan funding for a project is $100,000.

831.6(3) The maximum loan term for a project is 15 years from the date of project completion.

831.6(4) The maximum interest rate for a project is the interest rate earned by the state general fund in the last full state fiscal year.

831.6(5) No matching funds are required for a project, but the proposed use of matching funds is part of the project evaluation.

831.6(6) An applicant must demonstrate that its project will improve railroad capacity, efficiency, or safety in Iowa.

831.6(7) An applicant must demonstrate its ability to repay the loan through one or more of the following: positive loan repayment history, first or second mortgage, personal guarantees, pledge of public revenue by a public organization, line of credit from a bank or lending institution, or other demonstration of ability to repay acceptable to the department.

761--831.7(327H) Applicant eligibility. A railroad corporation, a county, a city, a metropolitan planning organization, a regional planning affiliation, or a railroad user is eligible to apply for funding. Joint applications are allowed, but the applicants shall designate one principal contact.

761--831.8(327H) Eligible and ineligible project costs.

831.8(1) Eligible costs. Activities or items eligible for funding include, but are not limited to, the following:

a. Modernization, upgrading or reconstruction of existing rail facilities.

b. Construction of new rail facilities.

c. Railroad bridge and culvert modernization, replacement or removal.

d. Construction or improvement of separation structures over or under a rail line.

e. Drainage, erosion control and bank stabilization on railroad right of way or on land affecting railroad right of way.

f. Highway-railroad grade crossing improvements including signal upgrades, signal installation, surface repairs, removal of crossings, and realignment of existing crossings.

g. Right of way acquisition costs.

h. Facilities and buildings to improve Amtrak rail passenger service in Iowa.

i. Elimination of low or close railroad clearances.

831.8(2) Ineligible costs. The following activities or items are ineligible for funding:

a. Except for refinancing, any cost incurred prior to commission approval of funding for a project.

b. Routine maintenance of a rail facility.

c. Contract administration.

d. Freight car or locomotive lease, purchase, or repair.

e. Feasibility studies, environmental studies and major investment studies.

761--831.9 Reserved.

761--831.10(327H) Application.

831.10(1) Submission.

a. The applicant shall submit an original and three copies of a project application. The application shall be submitted to the office of program management and may be submitted at any time.

b. If an application is incomplete, the department shall return the application to the applicant to be resubmitted when it is complete.

c. An application may be withdrawn at any time.

d. The date of receipt of an application is the day a complete application is received in the office of program management.

831.10(2) Contents of application. Each application shall contain the following:

a. The applicant's name, address, telephone number, facsimile number, E-mail address, if available, and the name of a designated contact person for the project.

b. A description of the project proposed for loan funding including a map or sketch plan.

c. The justification for the project, stating how the project will improve railroad capacity, efficiency or safety in Iowa.

d. An itemized cost estimate for the project and the name and telephone number of the person responsible for its preparation.

e. A time schedule for the completion of the project.

f. The total amount of loan funds requested, the amount of matching funds to be provided for the project, and the source of the matching funds.

g. The proposed loan term and interest rate and a detailed description of the applicant's ability to repay the loan. See subrule 831.6(7).

h. Audited financial statements for the past two years plus a current balance sheet for the entity that is to repay the loan.

761--831.11(327H) Evaluation and approval.

831.11(1) The department shall review the contents of each application for verification and may visit the project site. Department staff shall develop a funding recommendation for each complete application for submission to the commission.

831.11(2) The commission shall be responsible for determining the projects to be funded and the amount to be funded for each project, subject to the availability of railroad revolving loan funds. The commission may fund all or part of a project and may make funding dependent upon adherence to a time schedule or fulfillment of specified conditions.

831.11(3) In making its decision to fund a project, the commission shall consider the project's demonstrated ability to meet the purpose of the program, the strength of the applicant's ability to repay the loan, the amount of matching funds to be provided, the proposed interest rate, and loan term if it is lower than the program maximum.

761--831.12(327H) Project agreement and administration.

831.12(1) Agreement. After the commission has approved loan funding for a project, an agreement shall be negotiated and executed between the department and the applicant.

a. The agreement shall specify the scope of the project, the approved funding level, and other conditions for project funding.

b. As applicable, the agreement shall address responsibilities for project design, right of way acquisition, contracting, construction, and materials inspection; documentation required for payment by the department; audit requirements; and maintenance of the completed project.

831.12(2) Reimbursement. The department shall reimburse the applicant for actual eligible project costs not to exceed the percentage match and the total amount approved by the commission.

831.12(3) Audits.

a. Prior to execution of the agreement, the department may perform a preaudit evaluation of the applicant or any other source. A preaudit evaluation typically includes an examination of accounting methods to determine the ability to segregate and accumulate costs to be charged against the project, and an analysis of costs factors to ensure their propriety and allowability.

b. The department may conduct a final audit of all project costs.

831.12(4) Default. The commission may revoke a funding commitment, seek repayment of funds loaned or take both actions if the applicant fails to fulfill the terms of the agreement.

These rules are intended to implement Iowa Code section 327H.20A.

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 October 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 October 9, 1999, setting the minimums that may be paid by Iowa depositories on public funds are listed below.

TIME DEPOSITS

7-31 days Minimum 4.60%

32-89 days Minimum 4.80%

90-179 days Minimum 5.00%

180-364 days Minimum 5.10%

One year Minimum 5.20%

Two years or more Minimum 5.65%

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

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

ARC 9431A

VOTER REGISTRATION COMMISSION[821]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 47.8, the Voter Registration Commission hereby gives Notice of Intended Action to amend Chapter 1, "Organization, Purpose, Procedures and Definitions," Iowa Administrative Code.

This amendment makes changes to conform to Iowa Code section 47.7(1), which was amended to change the person designated to be the state registrar of voters from the senior administrator of the applications, systems and programming division of the Department of General Services to the state commissioner of elections.

Any interested person may make written suggestions or comments on the proposed amendment on or before Tuesday, November 9, 1999. Written comments should be sent to Bob Galbraith, Deputy Secretary of State, Office of the Secretary of State, Second Floor, Hoover State Office Building, Des Moines, Iowa 50319-0138; fax (515)242-4682. Anyone who wishes to comment orally may telephone the Secretary of State's office at (515)281-6598 or visit the office on the second floor of the Hoover Building.

There will be a public hearing on Tuesday, November 9, 1999, at 1:30 p.m. at the Office of the Secretary of State, Second Floor, Hoover State Office Building. Persons may comment orally or in writing. Persons who speak at the hearing will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment.

This amendment is intended to implement Iowa Code section 47.7(1).

The following amendment is proposed.

Amend rule 821--1.2(47) as follows:

821--1.2(47) State registrar of voters. The ~~senior administrator of the applications, systems and programming division of the department of general services~~ state commissioner of elections is designated the state registrar of voters. The state registrar is responsible for the regulation of the preservation, preparation and maintenance of voter registration records and the preparation of precinct election registers for all elections administered by any county commissioner of elections. This regulation activity is in accordance with the policies of the voter registration commission.

This rule is intended to implement Iowa Code section 47.7(1).

FILED

ARC 9437A

COLLEGE STUDENT AID COMMISSION[283]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 261.1(5) and 261.3, the College Student Aid Commission amends Chapter 12, "Iowa Tuition Grant Program," Iowa Administrative Code.

This amendment will conform institutional eligibility requirements to the Iowa Code.

Notice of Intended Action was published in the August 11, 1999, Iowa Administrative Bulletin as ARC 9244A. The adopted amendment is identical to that published under Notice. No comments were received.

This amendment was approved during the September 21, 1999, meeting of the College Student Aid Commission.

The amendment will become effective November 24, 1999.

This amendment is intended to implement Iowa Code section 261.9.

The following amendment is adopted.

Amend subrule 12.2(1) as follows:

12.2(1) Methods of gaining institutional eligibility under Iowa Code section 261.9. An Iowa institution requesting participation in the Iowa tuition grant program must apply to the college student aid commission utilizing the commission's designated application.

The applicant institution must:

a. Be accredited by the North Central Association of Colleges (NCA); or

b. Be certified by the NCA as a candidate for accreditation; or

~~c. Provide documentation from the NCA that it has the potential for accreditation and is making progress toward accreditation under the time frame established by the NCA; or~~

d c. Be a school of nursing accredited by the National League for Nursing and approved by the board of nurse examiners, including one operated, controlled, and administered by a county public hospital.

[Filed 10/1/99, effective 11/24/99]

[Published 10/20/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/20/99.

ARC 9434A

ENVIRONMENTAL PROTECTION COMMISSION[567]

Adopted and Filed

Pursuant to the authority of Iowa Code section 455B.474, the Environmental Protection Commission hereby amends Chapter 135, "Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks," Iowa Administrative Code.

This amendment establishes requirements for analyzing for methyl tertiary-butyl ether (MTBE) in soil and water samples collected as part of investigations and corrective action at underground storage tank sites with petroleum contamination. This change is needed to implement 1999 Iowa Acts, House File 772, which became effective July 1, 1999.

This amendment was previously Adopted and Filed Emergency and published as ARC 9208A in the July 14, 1999, Iowa Administrative Bulletin. The Department also provided an opportunity for public comment by simultaneously submitting a Notice of Intended Action published as ARC 9198A.

Two comments from the public were received on the Notice of Intended Action. One comment supported the rule as filed. The other comment supported the rule but suggested that MTBE analysis no longer be required at sites when no MTBE contamination is found in the first samples. Since current law does not provide circumstances when MTBE analysis is not required, the Department will review the analytical results collected and include a recommendation to the 2000 General Assembly on MTBE analysis.

The adopted rule is identical to that published under Notice of Intended Action.

The amendment will become effective November 24, 1999, at which time the Adopted and Filed Emergency amendment is hereby rescinded.

This amendment is intended to implement 1999 Iowa Acts, House File 772.

The following amendment is adopted.

Amend 567--Chapter 135 by adopting the following new rule:

567--135.19(455B) Analyzing for methyl tertiary-butyl ether (MTBE) in soil and groundwater samples.

135.19(1) General. The objective of analyzing for MTBE is to determine its presence in soil and water samples collected as part of investigation and remediation of contamination at underground storage tank facilities.

135.19(2) Required MTBE testing. Soil and water samples must be analyzed for MTBE when collected for risk-based corrective action as required in rules 135.8(455B) through 135.12(455B). These sampling requirements include but are not limited to:

a. Risk-based corrective action (RBCA) evaluations required for Tier 1, Tier 2, and Tier 3 assessments and corrective action design reports.

b. Site monitoring.

c. Site remediation monitoring.

135.19(3) MTBE testing not required. Soil and water samples for the following actions are not required to be analyzed for MTBE:

a. Closure sampling under rule 135.15(455B) unless Tier 1 or Tier 2 sampling is being performed.

b. Site checks under subrule 135.7(3) unless Tier 1 or Tier 2 sampling is being performed.

135.19(4) Reporting. The analytical data must be submitted in a format prescribed by the department.

135.19(5) Analytical methods for methyl tertiary-butyl ether (MTBE). When having soil or water analyzed for MTBE from contamination caused by petroleum or hazardous substances, owners and operators of UST systems must use a laboratory certified under 567--Chapter 83 for petroleum analyses. In addition, the owners and operators must ensure all soil and water samples are properly preserved and shipped within 72 hours of collection to a laboratory certified under 567--Chapter 83 for petroleum analyses.

a. Sample preparation and analysis shall be by:

(1) GC/MS version of OA-1, "Method for Determination of Volatile Petroleum Hydrocarbons (gasoline)," revision 7/27/93, University Hygienic Laboratory, Iowa City, Iowa; or

(2) U.S. Environmental Protection Agency Method 8260B, SW-846, "Test Methods for Evaluating Solid Waste," Third Edition.

b. Laboratories performing the analyses must run standards for MTBE on a routine basis, and standards for other possible compounds like ethyl tertiary-butyl ether (ETBE), tertiary-amyl methyl ether (TAME), diisopropyl ether (DIPE), and tertiary-butyl alcohol (TBA) to be certain of their identification should they be detected.

c. Laboratories must run a method detection limit study and an initial demonstration of capability for MTBE. These records must be kept on file.

d. The minimum detection level for MTBE in soil is 15 ug/kg. The minimum detection level for MTBE in water is 15 ug/l.

[Filed 10/1/99, effective 11/24/99]

[Published 10/20/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/20/99.

ARC 9419A

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 514I.5(8), the Department of Human Services hereby amends Chapter 86, "Healthy and Well Kids in Iowa (HAWK-I) Program," appearing in the Iowa Administrative Code.

The HAWK-I Board adopted these amendments September 20, 1999. Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on August 11, 1999, as ARC 9242A.

These amendments implement the following changes to the HAWK-I program:

* A 20 percent deduction to earned income is allowed when determining eligibility for the program. This will create more consistency on how income is counted between the Medicaid and HAWK-I program.

Federal legislation allows states to define how income is counted when comparing it to the income limit. While the HAWK-I program uses gross income to compare to 185 percent of the federal poverty level when determining eligibility, the Medicaid program allows deductions to income before comparing income to 133 percent of the federal poverty level. This confuses the public and makes it difficult to know which program to apply for. This amendment will more closely align the programs by allowing a 20 percent standard deduction to earned income when determining eligibility for the HAWK-I program in the same manner that is allowed for Medicaid. This deduction is intended to offset some of the costs of employment (e.g., taxes) and does not apply to unearned income (e.g., child support and social security).

* Children participating in the HAWK-I program do not have to provide a social security number as a condition of eligibility to participate in the program.

The Health Care Financing Administration (HCFA) has clarified that a child does not have to provide a social security number in order to participate in the HAWK-I program. HCFA has also clarified that provision of a social security number remains a requirement for Medicaid and that children who would be eligible for Medicaid except for the failure to provide a social security number are not eligible for the HAWK-I program.

* Children who are voluntarily excluded from Medicaid due to financial reasons are allowed to participate in the HAWK-I program.

Medicaid rules specify which household members (and thus whose income) must be included when determining eligibility. The family may voluntarily exclude certain persons from the eligibility determination in order to avoid consideration of their income when determining eligibility for the remaining members of the household. If the family voluntarily excludes a child from the Medicaid household, that child is not eligible to participate in the Medicaid program under any other coverage group.

The Attorney General's Office has clarified that a child who is voluntarily excluded from the household due to the child's excess income or resources can participate in the HAWK-I program if otherwise eligible. This provision does not apply to children who are voluntarily excluded from the household for nonfinancial reasons (e.g., the parent excludes the child in order to avoid cooperation with the child support recovery office).

* The appointment terms for persons on the clinical advisory committee to the HAWK-I Board are established.

These amendments do not provide for waivers in specified situations because:

* The amendments allowing a 20 percent deduction to earned income when determining eligibility for the HAWK-I program, clarifying that children participating in the HAWK-I program do not have to provide a social security number as a condition of eligibility to participate in the program and allowing children who are voluntarily excluded from Medicaid due to financial reasons to participate in the HAWK-I program confer a benefit on those children.

* The amendment establishing the appointment terms for persons on the clinical advisory committee to the HAWK-I Board already allows persons to serve more than one term.

These amendments are identical to those published under Notice of Intended Action.

These amendments are intended to implement Iowa Code chapter 514I.

These amendments shall become effective December 1, 1999.

The following amendments are adopted.

ITEM 1. Amend rule 441--86.2(514I) as follows:

Amend subrule 86.2(2), paragraph "a," subparagraph (1), by adopting the following new numbered paragraph "3":

3. Earned income deduction. Each person in the household whose nonexempt income, earned as an employee or from self-employment, is considered in determining HAWK-I eligibility is entitled to a 20 percent earned income deduction. The deduction is intended to include work-related expenses other than child care. These expenses may include taxes, transportation, meals, uniforms and other work-related expenses.

Amend subrule 86.2(5) as follows:

86.2(5) Ineligibility for Medicaid. The child shall not be receiving Medicaid or eligible to receive Medicaid if application were made except when the child would be required to meet a spenddown under the medically needy program in accordance with the provisions of 441--subrule 75.1(35). Additionally, a child who would be eligible for Medicaid except for the parent's failure or refusal to cooperate in establishing initial or ongoing eligibility shall not be eligible for coverage under the HAWK-I program. Children who are excluded from the household due to the child's excess income can participate in the HAWK-I program if otherwise eligible. This does not apply to children who are voluntarily excluded from the household for nonfinancial reasons.

Rescind subrule 86.2(12).

ITEM 2. Amend 441--Chapter 86 by adopting the following new rule:

441--86.16(514I) Clinical advisory committee. Members of the clinical advisory committee established in accordance with the provisions of 441--paragraph 1.10(2)"c" shall be appointed to three-year terms. Members may be appointed for more than one term. No more than one-third of the membership of the committee shall rotate off the committee in any given calendar year.

[Filed 9/21/99, effective 12/1/99]

[Published 10/20/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/20/99.

ARC 9421A

NURSING BOARD[655]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 17A.3 and 147.76, the Board of Nursing hereby adopts amendments to 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.

These amendments were published in the Iowa Administrative Bulletin on August 25, 1999, as ARC 9281A. These amendments are identical to those published under Notice.

These amendments will become effective November 24, 1999.

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

The following amendments are adopted.

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."

[Filed 9/28/99, effective 11/24/99]

[Published 10/20/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/20/99.

ARC 9430A

PUBLIC SAFETY DEPARTMENT[661]

Adopted and Filed

Pursuant to the authority of Iowa Code section 100.35, the Department of Public Safety hereby amends Chapter 5, "Fire Marshal," Iowa Administrative Code.

This amendment clarifies that fire safety requirements for small group homes specified in rule 661--5.620(100) apply to facilities licensed by the Department of Inspections and Appeals under a special classification established pursuant to Iowa Code section 135C.2 for small group homes which serve persons with mental retardation, chronic mental illness, developmental disabilities, or brain injuries. This language is taken directly from Iowa Code section 135C.2, subsection 5, and replaces language that refers to individuals who are infirm, convalescent, or mentally or physically dependent. This change makes the rule directly congruent with the language of the statute, in order to minimize any potential confusion regarding the applicability of the rule.

Notice of Intended Action was published in the Iowa Administrative Bulletin on April 21, 1999, as ARC 8928A. A public hearing on this amendment was held on May 17, 1999. No comments regarding the proposed amendment were received at the public hearing or otherwise. The adopted amendment is identical to that proposed under Notice of Intended Action.

This amendment is intended to implement Iowa Code section 135C.2.

This amendment will become effective December 1, 1999.

The following amendment is adopted.

Rescind subrule 5.620(1) and adopt the following new subrule in lieu thereof:

5.620(1) Scope. This rule applies to specialized licensed facilities licensed under the provisions of Iowa Code section 135C.2 having three to five beds and serving persons with mental retardation, chronic mental illness, developmental disabilities, or brain injuries.

[Filed 9/30/99, effective 12/1/99]

[Published 10/20/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/20/99.

ARC 9426A

REAL ESTATE COMMISSION[193E]

Adopted and Filed

Pursuant to the authority of Iowa Code section 543B.9, the Real Estate Commission hereby amends Chapter 3, "Prelicense Education and Continuing Education," Iowa Administrative Code.

The amendments to Chapter 3 establish specific guidelines for approval of live classroom courses, distance education courses and home-study courses. Other amendments are for purposes of removing dates that have passed. An additional amendment clarifies that nonresident broker and broker associates and licensees who qualify under rule 193E--2.3(543B) or obtain a reciprocal license shall complete the brokerage management courses on a one-time-only basis, at the time of the licensee's first Iowa renewal, unless there is a reciprocal education agreement between the states.

Notice of Intended Action was published in the August 11, 1999, Iowa Administrative Bulletin as ARC 9258A. The adopted amendments are identical to those published under Notice.

No one appeared at the public hearing held August 31, 1999, at 9 a.m. in the Professional Licensing Conference Room, Second Floor, Department of Commerce Building, 1918 S.E. Hulsizer, Ankeny, Iowa.

One E-mail message was received from a course developer asking for clarification as to whether the distance education guidelines that apply to Internet courses also apply to courses delivered on the Intranet.

These amendments were approved at the September 23, 1999, meeting of the Real Estate Commission.

These amendments are intended to implement Iowa Code section 543B.15.

These amendments will become effective on November 24, 1999.

The following amendments are adopted.

ITEM 1. Amend subrule 3.2(2) as follows:

3.2(2) ~~Salespersons licensed on June 1, 1994, and thereafter must complete 36 hours of commission-approved classroom education to renew to active status by December 31 of the third year of licensure.~~ To maintain active status, all first-time salesperson renewals shall complete 36commission-approved classroom hours by December 31 of the third year of licensure. The following courses satisfy the first license renewal continuing education requirement:

Developing Professionalism and
Ethical Practices 12 hours

Buying Practices 12 hours

Listing Practices 12 hours

ITEM 2. Amend subrule 3.2(3) as follows:

3.2(3) ~~Beginning January 1, 1996, the~~ The required course of study for the broker licensing examination shall consist of at least 72 classroom hours. Approved courses shall be completed within 24 months prior to taking the broker examination and shall include the following subjects:

Contract law and contract writing 8 hours

Iowa real estate trust accounts 8 hours

Principles of appraising & market analysis 8 hours

Real estate law and agency law 8 hours

Real estate finance 8 hours

Federal and state laws affecting Iowa practice 8 hours

Real estate office organization 8 hours

Real estate office administration 8 hours

Human resources management 8 hours

ITEM 3. Amend subrule 3.3(2) as follows:

3.3(2) As a requirement of license renewal in an active status, each real estate licensee shall complete a minimum of 36 hours of approved programs, courses or activities. The continuing education must be completed during the three calendar years of the license term and cannot be carried over to another license term.

Beginning with brokers and broker associates renewing December 2001 and thereafter and salespersons renewing December 1998 and thereafter, approved courses in the following subjects shall be completed to renew to active status, except in accordance with 3.2(2):

Law update 8 hours

Ethics 4 hours

Electives 24 hours

Approved courses in the following subjects shall be completed one-time only by all brokers and broker associates licensed prior to January 1,1998, beginning with those licensees renewing December 1998 and 1999, and ending with those licensees renewing December 2000: All brokers and broker associates licensed prior to January 1, 1998, shall complete courses in the following subjects on a one-time-only basis. Nonresident licensees are exempt if an education agreement is in place between Iowa and the nonresident state. Brokers and broker associates who have completed the brokerage management courses, as part of the 72-hour broker prelicense, are not required to repeat the courses and shall comply with the requirements of 3.3(2) to maintain active status.

Real estate office administration 8 hours

Real estate office organization 8 hours

Human resources management 8 hours

Electives 12 hours

Substantially similar courses may be substituted in accordance with 3.2(5). To qualify for consideration, the course content must reflect current brokerage practices and should have been completed during the three calendar years of the license term, or within a reasonable period of time prior to expiration of the license.

ITEM 4. Amend subrule 3.4(1) as follows:

3.4(1) Qualifying activity. The commission may approve live classroom instruction, ~~and~~ distance education programs, and paper and pencil home-study courses, ~~and activities~~ subject to the following conditions:

a. The course pertains to real estate topics that are integrally related to the real estate industry; and

b. The course allows the participants to achieve a high level of competence in serving the objectives of consumers who engage the services of licensees; and

c. The course qualifies for at least three credit hours.~~; and~~

d. ~~The course application is accompanied by a comprehensive course outline that includes:~~ Requirements for live instruction courses. The commission may approve live classroom programs, subject to the following requirements. The course application is accompanied by a comprehensive course outline that includes:

(1) Course description.

(2) Course purpose.

(3) Difficulty level.

(4) ~~Learning~~ Detailed learning objectives for each major topic that specify the level of knowledge or competency the student should demonstrate upon completing the course.

(5) Description of the instructional methods utilized to accomplish the learning objectives.

(6) Copies of all instructor and student course materials.

(7) Course examination(s) or the diagnostic assessment method(s) utilized to achieve the course learning objectives, when applicable.

(8) A description of the plan in place to periodically review course material with regard to changing national and state statutes.

(9) A statement of any attendance make-up policy that the school has in place.

e. The commission may approve distance education programs, subject to the following requirements:

(1) The provider's purpose or mission statement is available to the public.

(2) The course outline must include clearly stated learning objectives and desired student competencies for each module of instruction and a description of how the program promotes interaction between the learner and the program.

(3) Course content must be accurate and up-to-date. Provider must describe the plan in place to periodically review course material with regard to changing national and state statutes.

(4) Course must be designed to ensure that student progress is evaluated at appropriate intervals and mastery of the material is achieved before a student can progress through the course material.

(5) Provider must show that qualified individuals are involved in the design of the course.

(6) Provider must list individuals who provide technical support to students and state the specific times that support is available.

(7) A manual shall be provided to each registered student. It shall include, but not be limited to, faculty contact information, student assignments and course requirements, broadcast schedules, testing information, passing scores, resource information, fee schedule and refund policy.

(8) Provider must retain a signed statement by the student that affirms that the student completed the required work and examinations.

(9) Providers must state in the course materials that the information presented in the course should not be used as a substitute for competent legal advice.

(10) Courses submitted for approval must be sufficient in scope and content to justify the hours requested by the provider.

f. Requirements for paper and pencil home-study courses. The commission may approve paper and pencil home-study courses, subject to the following requirements:

(1) Courses must be arranged in chapter format and include a table of contents.

(2) Overview statements must be included for each chapter (a preview of the content of the chapter).

(3) Courses must be designed to ensure that student progress is evaluated at appropriate intervals. This assessment process shall measure what each student has learned and not learned at regular intervals throughout each module of the course. Quizzes must be completed and returned to the provider to receive credit for the course.

(4) Final examinations must contain a minimum of 30 questions for a three-hour course and 60 questions for a six-hour course.

(5) A passing score of 90 percent is required to receive credit for a course. There is no limit to the number of times a final examination may be taken to achieve a passing score.

(6) Licensees have six months from the date of purchase to complete all quizzes and assignments and to pass the final examination.

(7) Providers must include information that clearly informs the licensee of the course completion deadline, passing score required, chapter quiz completion requirements and any other relevant information regarding the course.

(8) Providers must state in the course materials that the information presented in the course should not be used as a substitute for competent legal advice.

(9) Provider must retain a signed statement by the student that affirms that the student completed the required work and examinations.

(10) Providers must be available to answer student questions or provide assistance as necessary during normal business hours.

(11) Courses submitted for approval must be sufficient in scope and content to justify the hours requested by the provider.

e g. It is conducted by individuals who have shown proof of attendance at an instructor development workshop within 12 months preceding approval by the commission and met the instructor qualification criteria. Guest speakers and individuals currently certified by a nationally recognized organization that requires similar instructor standards are exempt, with prior approval of the commission, from the following standards and the instructor development workshop requirement. An applicant may be approved as an instructor when it is determined that the applicant evidences (1) the ability to teach and communicate and (2) in-depth knowledge of the subject matter ~~proposing to teach~~ to be taught.

(1) and (2) No change.

~~f. to i. Rescinded IAB 7/3/96, effective 8/7/96.~~

[Filed 9/29/99, effective 11/24/99]

[Published 10/20/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/20/99.

ARC 9432A

REVENUE AND FINANCE DEPARTMENT[701]

Adopted and Filed

Pursuant to the authority of Iowa Code section 421.14, the Department of Revenue and Finance hereby adopts amendments to Chapter 77, "Determination of Value of Utility Companies," Iowa Administrative Code.

Notice of Intended Action was published in IAB Volume XXII, Number 4, page 296, on August 25, 1999, as ARC 9283A.

The amendment alters the priority of importance assigned to the indicators of value for pipeline companies. 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 following change has been made from the Notice of Intended Action: The words "Notwithstanding the foregoing provisions" at the beginning of the fourth sentence were deleted at the request of the Administrative Rules Review Committee.

This amendment will become effective November 24, 1999, after filing with the Administrative Rules Coordinator and publication in the Iowa Administrative Bulletin.

This amendment is intended to implement Iowa Code chapter 438.

The following amendment is adopted.

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. 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.

[Filed 10/1/99, effective 11/24/99]

[Published 10/20/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/20/99.

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Last update: Mon Nov 1 9:00:40 CST 1999
URL: /Rules/1999/Bulletin/acb991020.html
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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
10	Friday, October 29, 1999	November 17, 1999
11	Friday, November 12, 1999	December 1, 1999
12	Friday, November 26, 1999	December 15, 1999

AGENCY	HEARING LOCATION	DATE AND TIME OF HEARING
BLIND, DEPARTMENT FOR THE[111]
Vocational rehabilitation dispute resolution process, 10.8 IAB 10/20/99 ARC 9428A	Director's Conference Room 524 4th St. Des Moines, Iowa	November 9, 1999 1 p.m.
CIVIL RIGHTS COMMISSION[161]
Discrimination in housing, 9.6, 9.10(1) IAB 10/20/99 ARC 9435A	Conference Room--2nd Floor 211 E. Maple Des Moines, Iowa	November 9, 1999 1 p.m.
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]
New jobs and income program, 58.4, 58.7(4) IAB 10/6/99 ARC 9397A	Marketing Conference Room 200 E. Grand Ave. Des Moines, Iowa	October 26, 1999 1 p.m.
Enterprise zones, 59.3(3), 59.6(3) IAB 10/6/99 ARC 9398A	Marketing Conference Room 200 E. Grand Ave. Des Moines, Iowa	October 26, 1999 2 p.m.
EDUCATIONAL EXAMINERS BOARD[282]
Declaratory orders, ch 3 IAB 10/6/99 ARC 9403A	Conference Room 3 North--3rd Floor Grimes State Office Bldg. Des Moines, Iowa	November 12, 1999 10 a.m.
Agency procedure for rule making, ch 4 IAB 10/6/99 ARC 9404A	Conference Room 3 North--3rd Floor Grimes State Office Bldg. Des Moines, Iowa	November 12, 1999 10:30 a.m.
Complaints, investigations, contested case hearings, ch 11 IAB 10/6/99 ARC 9405A	Conference Room 3 North--3rd Floor Grimes State Office Bldg. Des Moines, Iowa	October 28, 1999 10 a.m.
Renewal of licenses, 17.5, 17.7, 17.9, 17.11 IAB 10/6/99 ARC 9406A	Conference Room 3 North--3rd Floor Grimes State Office Bldg. Des Moines, Iowa	November 16, 1999 10 a.m.
EDUCATION DEPARTMENT[281]
Driver education, 26.2(2)"k" IAB 10/6/99 ARC 9376A	State Board Room Grimes State Office Bldg. Des Moines, Iowa	October 26, 1999 1 p.m.
Special education, 41.1 to 41.144 IAB 10/6/99 ARC 9375A (ICN Network)	Lakeland AEA 3 Hwy. 18 and 2nd St. Cylinder, Iowa	October 20, 1999* 6 to 8 p.m.
*Not scheduled pursuant to Iowa Code section 17A.4(1)"b"
EDUCATION DEPARTMENT[281] (ICN Network) (Cont'd)
	Room 106 Unity Christian High School 16 Michigan SW Orange City, Iowa	October 20, 1999* 6 to 8 p.m.
	Room 19 Webster City High School 10001 Lynx Ave. Webster City, Iowa	October 20, 1999* 6 to 8 p.m.
	East High School 5011 Mayhew Ave. Sioux City, Iowa	October 20, 1999* 6 to 8 p.m.
	Kanesville High School 807 Ave. G Council Bluffs, Iowa	October 21, 1999* 6 to 8 p.m.
	East Union Junior/Senior High School 1916 High School Dr. Afton, Iowa	October 21, 1999* 6 to 8 p.m.
	Second Floor Grimes State Office Bldg. Des Moines, Iowa	October 21, 1999* 6 to 8 p.m.
	Wahlert High School 2005 Kane St. Dubuque, Iowa	October 26, 1999 6 to 8 p.m.
	Room 24 Ventura Junior/Senior High School 110 Main St. Ventura, Iowa	October 26, 1999 6 to 8 p.m.
	AEA 6 909 S. 12th St. Marshalltown, Iowa	October 26, 1999 6 to 8 p.m.
	Notre Dame High School 702 S. Roosevelt Ave. Burlington, Iowa	October 26, 1999 6 to 8 p.m.
	ICN Classroom Mississippi Bend AEA 9 729 21st St. Bettendorf, Iowa	October 28, 1999 6 to 8 p.m.
	Prairie High School 401 76th Ave. SW Cedar Rapids, Iowa	October 28, 1999 6 to 8 p.m.
	AEA 7 3712 Cedar Heights Dr. Cedar Falls, Iowa	October 28, 1999 6 to 8 p.m.
	ICN Classroom Southern Prairie AEA 15 2814 N. Court St. Ottumwa, Iowa	October 28, 1999 6 to 8 p.m.
*Not scheduled pursuant to Iowa Code section 17A.4(1)"b"
ELDER AFFAIRS DEPARTMENT[321]
Assisted living programs, 27.2 IAB 10/20/99 ARC 9423A	North Conference Room--3rd Floor Clemens Bldg. 200 10th St. Des Moines, Iowa	November 9, 1999 10 a.m.
HUMAN SERVICES DEPARTMENT[441]
Medicaid--working persons with disabilities, 75.1(39) IAB 10/6/99 ARC 9381A	Conference Room--6th Floor Iowa Bldg., Suite 600 411 3rd St. S.E. Cedar Rapids, Iowa	October 29, 1999 10 a.m.
	Administrative Conference Room 417 E. Kanesville Blvd. Council Bluffs, Iowa	October 27, 1999 9 a.m.
	Large Conference Room--5th Floor Bicentennial Bldg. 428 Western Davenport, Iowa	October 28, 1999 10 a.m.
	Conference Room 102 City View Plaza 1200 University Des Moines, Iowa	October 27, 1999 1 p.m.
	Liberty Room Mohawk Square 22 N. Georgia Ave. Mason City, Iowa	October 29, 1999 11 a.m.
	Conference Room 3 120 E. Main Ottumwa, Iowa	October 27, 1999 10 a.m.
	Fifth Floor 520 Nebraska St. Sioux City, Iowa	October 27, 1999 1:30 p.m.
	Conference Room 220 Pinecrest Office Bldg. 1407 Independence Ave. Waterloo, Iowa	October 27, 1999 10 a.m.
INSPECTIONS AND APPEALS DEPARTMENT[481]
Intermediate care facilities, 58.1, 58.24; rescind ch 59 IAB 10/6/99 ARC 9387A	Director's Conference Room Second Floor Lucas State Office Bldg. Des Moines, Iowa	October 26, 1999 1:30 p.m.
INSURANCE DIVISION[191]
Replacement of life insurance and annuities, 16.21 to 16.31 IAB 10/6/99 ARC 9392A	330 Maple St. Des Moines, Iowa	October 26, 1999 2 p.m.
IOWA FINANCE AUTHORITY[265]
Mortgage release certificate, 9.20 IAB 9/22/99 ARC 9362A	Conference Room 100 E. Grand Ave. Des Moines, Iowa	October 26, 1999 1 p.m.
NATURAL RESOURCE COMMISSION[571]
Deer hunting--depredation permits, 106.11(4) IAB 10/6/88 ARC 9380A (See also ARC 9378A)	Conference Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa	October 29, 1999 10 a.m.
Trapping--colony traps, 110.7 IAB 10/6/99 ARC 9379A	Conference Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa	October 26, 1999 10 a.m.
PHARMACY EXAMINERS BOARD[657]
Self-assessment of pharmacy, 6.2(1), 7.6(7), 8.16, 8.17, 15.9, 36.1(4) IAB 10/6/99 ARC 9374A	Board Room Suite E 400 S.W. 8th St. Des Moines, Iowa	November 19, 1999 1 p.m.
PROFESSIONAL LICENSURE DIVISION[645]
Dietetic examiners, 80.5, 80.100(4), 80.101, 80.102(1), 80.104 IAB 10/6/99 ARC 9408A	Board Conference Room--5th Floor Lucas State Office Bldg. Des Moines, Iowa	October 26, 1999 10 a.m. to 12 noon
PUBLIC HEALTH DEPARTMENT[641]
Lead professional certification, 70.1 to 70.6, 70.10 IAB 10/6/99 ARC 9416A (See also ARC 9415A) (ICN Network)	National Guard Armory 201 Poplar Atlantic, Iowa	October 26, 1999 10 a.m.
	ICN Classroom A169 Carroll High School Carroll, Iowa	October 26, 1999 10 a.m.
	Suite 500 411 3rd St. SE Cedar Rapids, Iowa	October 26, 1999 10 a.m.
	ICN Room--2nd Floor Grimes State Office Bldg. Des Moines, Iowa	October 26, 1999 10 a.m.
	ICN Classroom--2nd Floor 2300 Chaney Dubuque, Iowa	October 26, 1999 10 a.m.
	Classroom 2, Careers Bldg. 128 North Iowa Area Community College 500 College Dr. Mason City, Iowa	October 26, 1999 10 a.m.
PUBLIC HEALTH DEPARTMENT[641] ICN Network (Cont'd)
	ICN Room National Guard Armory 2858 N. Court Rd. Ottumwa, Iowa	October 26, 1999 10 a.m.
Lead inspector/risk assessor; EBL inspector/risk assessor, 70.2 to 70.6 IAB 10/6/99 ARC 9417A (ICN Network)	National Guard Armory 201 Poplar Atlantic, Iowa	October 26, 1999 10 a.m.
	ICN Classroom A169 Carroll High School Carroll, Iowa	October 26, 1999 10 a.m.
	Suite 500 411 3rd St. SE Cedar Rapids, Iowa	October 26, 1999 10 a.m.
	ICN Room--2nd Floor Grimes State Office Bldg. Des Moines, Iowa	October 26, 1999 10 a.m.
	ICN Classroom--2nd Floor 2300 Chaney Dubuque, Iowa	October 26, 1999 10 a.m.
	Classroom 2, Careers Bldg. 128 North Iowa Area Community College 500 College Dr. Mason City, Iowa	October 26, 1999 10 a.m.
	ICN Room National Guard Armory 2858 N. Court Rd. Ottumwa, Iowa	October 26, 1999 10 a.m.
Organized delivery systems, 201.2, 201.6, 201.18 IAB 10/6/99 ARC 9418A (ICN Network)	ICN Conference Room--2nd Floor Grimes State Office Bldg. Des Moines, Iowa	October 26, 1999 11 a.m. to 12 noon
	Classroom 2, Careers Bldg. 128 North Iowa Area Community College 500 College Dr. Mason City, Iowa	October 26, 1999 11 a.m. to 12 noon
	ICN Classroom Burlington High School 421 Terrace Dr. Burlington, Iowa	October 26, 1999 11 a.m. to 12 noon
	Education Tech. Center Keokuk High School 727 Washington St. Keokuk, Iowa	October 26, 1999 11 a.m. to 12 noon
	Trospar-Hoyt Bldg.--4th Floor 822 Douglas St. Sioux City, Iowa	October 26, 1999 11 a.m. to 12 noon
PUBLIC SAFETY DEPARTMENT[661]
Small group homes--sprinkler systems, 5.620(7)"b" IAB 10/20/99 ARC 9429A	Conference Room--3rd Floor Wallace State Office Bldg. Des Moines, Iowa	November 16, 1999 10 a.m.
TRANSPORTATION DEPARTMENT[761]
Railroad assistance; railroad revolving loan fund, 830.2(2), 830.3, 830.4, 830.6; ch 831 IAB 10/20/99 ARC 9427A	Commission Conference Room 800 Lincoln Way Ames, Iowa	November 15, 1999 10 a.m. (If requested)
UTILITIES DIVISION[199]
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.
Restoration of agricultural lands during and after pipeline construction, ch 9 IAB 10/6/99 ARC 9400A	Board Hearing Room 350 Maple St. Des Moines, Iowa	November 17, 1999 10 a.m.
Payment agreements, 19.4(10), 20.4(11) IAB 10/6/99 ARC 9399A	Board Hearing Room 350 Maple St. Des Moines, Iowa	November 4, 1999 10 a.m.
VOTER REGISTRATION COMMISSION[821]
State registrar of voters, 1.2 IAB 10/20/99 ARC 9431A	Office of Secretary of State Second Floor Hoover State Office Bldg. Des Moines, Iowa	November 9, 1999 1:30 p.m.