Pages 685 to 719 include ARC 2063B to ARC 2085B

Administrative rules review committee 678

Schedule for rule making 676

Publication procedures 677

Administrative rules on CD–ROM 677

Agency identification numbers 683

CITATION OF ADMINISTRATIVE RULES 675

Filed Emergency, Budget amendments
and fund transfers, 2.1 ARC 2083B 696

Notice, FIP—eligibility for battered aliens;
hardship status, 41.22 to 41.24, 41.27(5),
41.30(3) ARC 2070B 685

Notice, Food stamp work requirements,
65.3, 65.27(1), 65.28 ARC 2071B 686

Notice, Medicaid coverage—durable medical
equipment and supplies, 78.10, 78.28(1)
ARC 2072B 687

Notice, State payment program—rescission
of 4.3 percent rate cut, 153.57(3)“b”
ARC 2069B 691

Filed, Elimination of limited Medicaid
eligibility for expanded specified low–
income Medicare beneficiaries and home–
health specified low–income Medicare
beneficiaries, 75.1(36), 75.1(37) ARC 2073B 707

Filed, Extension of time limit to process
applications for home– and community–
based services ill and handicapped or
mental retardation waivers, 83.2(1),
83.3(2), 83.61 ARC 2074B 707

Filed Emergency After Notice, Child
development homes, 110.1 to 110.13;
rescind ch 110, division II ARC 2085B 696

Filed, Foster family homes—authorization
of variance to maximum licensed capacity,
113.4(1) ARC 2075B 708

Filed, Multifamily preservation loan
program, ch 3 ARC 2081B 708

Filed, Affordable rental multifamily housing,
15.8 ARC 2080B 709

Filed Emergency After Notice, Fee—on–line
renewal of permanent medical license,
8.4(1)“c,” 9.11(3)“a” ARC 2084B 704

Filed, TOEFL as alternative to TSE—
international medical graduates seeking
special licensure, acupuncturist applicants,
10.4(3)“a”(4), 17.4(1)“c”(2) ARC 2064B 709

Notice, Titling and registration of boats, all–
terrain vehicles and snowmobiles; all–terrain
vehicle and snowmobile bonding; vessel
bonding, 20.3, 38.6, 38.10; chs 46, 47;
50.2, 50.7 to 50.9 ARC 2077B 692

Filed, State parks and recreation areas, 61.3,
61.9(18) ARC 2076B 710

Notice, IPERS, 21.1, 21.9(1), 21.23(2),
21.31(10) ARC 2082B 694

Filed Emergency, IPERS, 21.1, 21.9(1),
21.23(2), 21.31(10) ARC 2068B 704

Notice, Podiatrists—completion of mandatory
training on identifying and reporting child and
dependent adult abuse, 220.1, 220.9, 223.3
ARC 2065B 695

Summarized list 681

Filed, Individual and corporate income tax;
franchise tax, amendments to chs 38, 40 to 42,
52, 58 ARC 2079B 710

Filed, Transfer of tax credit to members of a
cooperative, 42.2(10), 52.10(4) ARC 2078B 711

Filed Without Notice, Alternative voting
systems, rescind 22.50 to 22.52, 22.462
ARC 2067B 712

Filed, Primary road access control, 112.1 to
112.14 ARC 2063B 712

Filed, Manual on uniform traffic control
devices for streets and highways (MUTCD),
amendments to chs 130, 131, 140, 142, 164
ARC 2066B 713

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

__________________________________

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.

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***Note change of filing deadline

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

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The Administrative Rules Review Committee will hold its regular, statutory meeting on Tuesday, November 12, 2002, at 9 a.m.
in Room 116, State Capitol, Des Moines, Iowa. The following rules will be reviewed:

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.

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]

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]

ELDER AFFAIRS DEPARTMENT[321]

EXECUTIVE COUNCIL[361]

GENERAL SERVICES DEPARTMENT[401]

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]

INFORMATION TECHNOLOGY DEPARTMENT[471]

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]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board for[575]

PERSONNEL DEPARTMENT[581]

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]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Labor Services Division[875]

Workers’ Compensation Division[876]

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

Pursuant to the authority of Iowa Code section 239B.4(4), the Department of Human Services proposes to amend Chapter 41, “Granting Assistance,” Iowa Administrative Code.

These amendments provide Family Investment Program (FIP) eligibility for aliens who have been determined by the federal government to be “battered aliens” as described in8 U.S.C. 1641(c). The battered person may be the alien or the child of the alien. This designation as a battered spouse or child allows the person to self–petition to obtain lawful permanent residency and obtain employment authorization.

Under federal Temporary Assistance for Needy Families (TANF) regulations, noncitizens who enter the U.S. on or after August 22, 1996, with certain alien statuses, including battered aliens, are barred from FIP eligibility for five years. However, states are allowed to provide assistance to these families under a separate state program, using state–only funds. These state funds can be used to meet TANF “maintenance of effort” requirements.

2002 Iowa Acts, House File 2623, directed the Department to provide FIP assistance to battered aliens without regard to the five–year bar. Persons applying for FIP assistance under these provisions will be required to meet all other FIP eligibility requirements, including participation in PROMISE JOBS and the Family Investment Agreement.

These amendments also:

• Clarify that the existing policy that active pursuit of verification of a disability through the Social Security Administration may not be sufficient to grant FIP hardship status, but may be used to support other evidence of a hardship.

• Update obsolete or confusing language, legal references, and a form name and number, identified through the rule assessment mandated by Executive Order Number 8.

These amendments do not provide for waivers in specified situations because these changes confer a benefit on FIP applicants and recipients.

Any interested person may make written comments on the proposed amendments on or before November 20, 2002. Comments should be directed to the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319–0114. Comments may be sent by fax to (515)281– 4980 or by E–mail to policyanalysis@dhs.state.ia.us.

These amendments are intended to implement 2002 Iowa Acts, House File 2623, section 27.

The following amendments are proposed.

ITEM 1. Amend rule 441—41.22(239B) as follows:

Amend subrule 41.22(13) by adopting new paragraph “c” as follows:

c. When the applicant is a battered alien, as described at 41.23(4), the applicant shall have until the month following the month the person receives employment authorization from the Immigration and Naturalization Service to apply for a social security account number.

Amend the implementation clause as follows:

This rule is intended to implement Iowa Code chapter 239B, Iowa Code section 249A.4, and 1997 Iowa Acts, House File 715, section 3, subsection 5.

ITEM 2. Amend rule 441—41.23(239B) as follows:

Adopt new subrule 41.23(4) as follows:

41.23(4) Battered aliens. A person who meets the conditions of eligibility under Iowa Code section 239B.2 and who meets either of the following requirements shall be eligible for participation in the family investment program:

a. The person is a conditional resident alien who was battered or subjected to extreme cruelty, or whose child was battered or subjected to extreme cruelty, perpetrated by the person’s spouse who is a United States citizen or lawful permanent resident, as described in 8 CFR Section 216.5(a)(3).

b. The person was battered or subjected to extreme cruelty, or the person’s child was battered or subjected to extreme cruelty, perpetrated by the person’s spouse who is a United States citizen or lawful permanent resident, and the person’s petition has been approved or a petition is pending that sets forth a prima facie case that the person has noncitizen status under any of the following categories:

(1) Status as a spouse or child of a United States citizen or lawful permanent resident under the federal Immigration and Nationality Act, Section 204(a)(1)(A).

(2) Status as a spouse or child who was battered or subjected to extreme cruelty by a United States citizen or lawful permanent resident under the federal Immigration and Nationality Act, Section 204(a)(iii), as codified in 8 United States Code Section 1154(a)(1)(A)(iii).

(3) Classification as a person lawfully admitted for permanent residence under the federal Immigration and Nationality Act.

(4) Suspension of deportation and adjustment of status under the federal Immigration and Nationality Act, Section 244(a), as in effect before the date of enactment of the federal Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

(5) Cancellation of removal or adjustment of status under the federal Immigration and Nationality Act, Section 240A, as codified in 8 United States Code Section 1229b.

(6) Status as an asylee, if asylum is pending, under the federal Immigration and Nationality Act, Section 208, as codified in 8 United States Code Section 1158.

Amend subrule 41.23(5), paragraph “a,” as follows:

a. A family investment program assistance grant may include the needs of a citizen or national of the United States, or a qualified alien as defined at 8 United States Code Section 1641.

(1) A person who is a qualified alien as defined at 8 United States Code Section 1641 is not eligible for family investment program assistance for five years. The five–year period of ineligibility begins on the date of the person’s entry into the United States with a qualified alien status as defined at 8 United States Code Section 1641.

EXCEPTIONS: The five–year prohibition from family investment program assistance does not apply to battered aliens as described at 41.23(4), qualified aliens described in 8 United States Code Section 1612, or to qualified aliens as defined at 8 United States Code Section 1641 who entered the United States before August 22, 1996.

(2) A person who is not a United States citizen, a battered alien as described at 41.23(4), or is not a qualified alien as defined at 8 United States Code Section 1641 is not eligible for the family investment program regardless of the date the person entered the United States.

Amend the implementation clause as follows:

This rule is intended to implement Iowa Code section 239B.2 and 2002 Iowa Acts, House File 2623, section 27.

ITEM 3. Amend rule 441—41.24(239B) as follows:

Amend subrule 41.24(2), paragraph “f,” as follows:

f. A person who is not a United States citizen and is not a qualified alien as defined in 8 United States Code Section 1641 or a battered alien as described at 41.23(4).

Amend subrule 41.24(9), paragraph “b,” subparagraph (1), as follows:

(1) When the PROMISE JOBS worker determines that an exempt volunteer, after signing the FIA, has chosen not to carry out the activities or responsibilities of the FIA, the worker shall notify the conciliation unit of the PROMISE–JOBS local service delivery area. This notice shall include documentation of the issues of participation or problems of participation which have not been resolved.

The conciliation unit shall review the material to determine if the nonfinancial sanction of loss of priority serviceis applicable. If the conciliation unit disagrees with thePROMISE JOBS worker, the conciliation unit shall contact the worker to resolve the issue.

If the conciliation unit agrees with the PROMISE JOBS worker, the conciliation unit shall initiate a 30–day conciliation period by issuing the Notice of Potential Sanction Loss of Priority Service—Exempt Volunteers, Form 470–2667 3166, to the participant.

During this 30–day period, the participant can present additional information to the conciliation unit to resolve the issues of participation or problems with participation, or identify barriers to participation which should be addressed in the FIA. If the conciliation unit finds that the participant has chosen not to carry out the activities or responsibilities of the FIA, a nonfinancial sanction of loss of priority service shall be imposed. The conciliation period begins the day following the day the Notice of Potential Sanction Loss of Priority Service—Exempt Volunteers is issued.

ITEM 4. Amend subrule 41.27(5) as follows:

Amend the introductory paragraph as follows:

41.27(5) Income of unmarried specified relative under age 19. Treatment of the income of an unmarried specified relative under the age of 19 is determined by whether the specified relative lives with a parent who receives FIP assistance, lives with a nonparental relative, lives in an independent living arrangement, or lives with a self–supporting parent, as follows.

Amend paragraph “a,” introductory paragraph, as follows:

a. Income of an unmarried specified relative under age 19 when that specified relative lives Living with a parent who receives the family investment program on FIP, or lives with a nonparental relative, or in an independent living arrangement.

Amend paragraph “b,” introductory paragraph, as follows:

b. Income of the unmarried specified relative under the age of 19 who lives in the same home as Living with a self–supporting parent(s). The income of the an unmarried specified relative under the age of 19 who is living in the same home as a one or both of the person’s self–supporting parent(s) parents shall be treated in accordance with subparagraphs (1), (2), and (4) below.

ITEM 5. Amend subrule 41.30(3) as follows:

Amend the first unnumbered paragraph as follows:

Families with an adult as defined in subrule 41.30(1) who is not a U.S. citizen, a battered alien as described at 41.23(4), or is not a qualified alien under 8 United States Code Section 1641 as described in subrule 41.23(5) are prohibited from receiving more than 60 months of FIP assistance. The family of an adult who is a nonqualified alien cannot meet the requirements of paragraph “e” since the department is precluded from using public funds to provide a nonqualified alien with family investment agreement or PROMISE JOBS services by Iowa Code sections 239B.8 and 239B.18 and rule 441—41.24(239B).

Amend paragraph “a” by rescinding and reserving subparagraph (8).

Amend paragraph “d,” subparagraph (5), by adopting new numbered paragraph “6” as follows:

6. Actively pursuing verification of a disability through the Social Security Administration may not be sufficient to grant hardship status, but may be used to support other evidence.

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

These amendments make changes to food stamp work requirements, based on final federal regulations implementing provisions of the Balanced Budget Act of 1997 and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

The amendments change the disqualification provisions for food stamp applicants to:

• Change the period when a voluntary quit affects eligibility to 30 days before application, instead of 60. Federal regulations now allow a choice between looking back 30 or 60 days. Iowa has chosen the 30–day period as less punitive for applicants, easier to administer, and less error–prone.

• Reduce the disqualification period for the first occurrence of a voluntary quit from 90 days to two months, consistent with penalties for disqualification related to other work requirements.

• Add the same penalty for voluntary reduction in work effort in the 30 days before application.

• Provide that applicants who are disqualified must both complete the minimum disqualification period and comply with the work requirement to attain eligibility. Under current rules, either action would end the disqualification. This change makes the penalties for quitting a job or reducing hours identical for both applicants and recipients, as required by federal regulations.

These amendments also change the food stamp eligibility requirements for able–bodied adults without dependents by:

• Ending the workfare program, due to state budget constraints and lack of cost–effectiveness. The state does not have the funds to pay 50 percent of the federally required transportation allowances for participants. Participation in the workfare program in its 18 months of operation has been very low (a monthly average of 47 people out of a potential 1000). The effect of eliminating the program will be that able–bodied adults without dependents who wish to receive food stamps for more than three months will have to find another way to meet the requirement to work at least 80 hours per month.

• Changing the way in which Iowa counts the three–year period used to determine whether work requirements apply. Federal regulations specify that able–bodied adults without dependents can receive only three months of food stamp benefits in a three–year period without meeting work requirements. States may define how the three–year period is determined.

Under current rules, Iowa uses an individualized period beginning when each person first received benefits. This has proved to be difficult to administer, especially in relation to benefits received in other states where the three–year period is counted differently. Under these amendments, Iowa will use a fixed three–year period beginning December 1, 2002, to measure participation for all recipients. This matches the period used by the majority of states. The change essentially “restarts the clock” for current recipients.

• Specifying that able–bodied adults without dependents are exempt from work requirements for the month of December 2002, to prevent anyone from being adversely affected by elimination of workfare and the change in counting the three–year period.

These amendments do not provide for waivers in specified situations because the changes implement federal reg– ulations which the Department does not have the authority to waive.

Any interested person may make written comments on the proposed amendments on or before November 20, 2002. Comments should be directed to the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319–0114. Comments may be sent by fax to (515)281– 4980 or by E–mail to policyanalysis@dhs.state.ia.us.

These amendments are intended to implement Iowa Code section 234.12.

The following amendments are proposed.

ITEM 1. Amend rule 441—65.3(234), introductory paragraph, as follows:

441—65.3(234) Administration of program. The food stamp program shall be administered in accordance with the Food Stamp Act of 1977, 7 U.S.C. 2011 et seq., and in accordance with federal regulation, Title 7, Parts 270 through 283 as amended to June 1, 2001 16, 2002.

ITEM 2. Amend subrule 65.27(1) as follows:

65.27(1) Applicant households. A member of an applicant household who without good cause voluntarily quits a job or reduces hours of work to less than 30 hours weekly within 60 30 days prior to before the date the household applies for food stamp benefits shall be disqualified from participating in the food stamp program for 90 days beginning with the date of the quit. according to the provisions ofparagraphs 65.28(12)“a” and “b.” Reduction in hours of work to less than 30 hours per week does not apply to applicant households.

ITEM 3. Amend subrule 65.28(14) as follows:

Rescind paragraph “a” and adopt the following new paragraph “a” in lieu thereof:

a. An applicant disqualified under subrule 65.27(1) may be approved for benefits after serving the minimum disqualification period and complying with the work requirement, as follows:

(1) If the applicant voluntarily quit a job, the applicant must obtain a job comparable to the one that the applicant quit.

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

Amend paragraph “c” as follows:

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

ITEM 4. Amend subrule 65.28(18) as follows:

65.28(18) Measuring the three–year period for able–bodied nonexempt adults without dependents. The three–year period is a 36–month consecutive period of time. The 36–month period as provided for in federal regulations at 7 CFR 273.24(b) as amended to June 1, 2001 16, 2002, starts with the first month counted toward the 3–month limit. Periods during the 36 months in which the person may receive benefits because of being exempt from the requirement do not reset the 36–month period. on December 1, 1996 2002, is the first month for which a person’s 36–month period can begin and ends November 30, 2005. When the person’s first 36–month period expires, a new 36–month period begins starting with the first month counted toward the 3–month limit. Subsequent three–year periods start with the month of December following the end of the previous period.

ITEM 5. Rescind subrule 65.28(19) and adopt the following new subrule in lieu thereof:

65.28(19) Exemption from the work requirement for able–bodied adults without dependents (ABAWDs). All ABAWDs shall be exempt from the work requirement provisions of the federal regulations at 7 CFR 273.24, as amended to June 19, 2002, for the month of December 2002.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 78, “Amount, Duration, and Scope of Medical and Remedial Services,” Iowa Administrative Code.

These amendments make the following changes to the scope of Medicaid coverage for durable medical equipment and supplies:

• Allow coverage for blood pressure cuffs, oximeters, resuscitator bags and pressure gauges for adults. These items are medically necessary and cost–effective for adults as well as children.

• Allow coverage for enuresis alarm devices, at the request of the Drug Utilization Review Commission. These items are more effective and less costly than medications for treating bed–wetting.

• Allow coverage for enclosed beds, insulin infusion pumps, and vest airway clearance systems, in recognition that requests for exceptions to policy regarding theseitems are routinely granted as medically necessary and cost–effective under established criteria. The prior authorization process is a more efficient way to determine coverage for these items.

• Clarify provider responsibility to monitor rental payments up to 150 percent of the purchase price and clarify the application of rental payments. This should result in fewer overpayments and recoupments by the Medicaid fiscal agent.

• Clarify that oxygen prescribed “PRN” or “as necessary” is not allowed. For oxygen to be covered by Medicaid, the prescribing practitioner must present a specific estimate of the frequency and duration of use. Rules describing the limitations on coverage of oxygen in medical institutions and for home use have been reorganized for clarity.

• Clarify coverage criteria for enteral feeding pumps and supplies and oral nutritional supplementation, as requested by the Durable Medical Equipment and Supply Dealer Medicaid Advisory Group. The guideline allowing for oral supplementation is now quantified to require medical necessity of supplementation to provide 51 percent or more of the recipient’s daily calorie intake. Coverage limitations and prior authorization requirements for these products have been separated for clarity and moved to the prior authorization section.

• Move some items from the list of “sickroom supplies” to the list of “durable medical equipment” for clarity.

• Remove separate coverage for ambu bags, which are considered as part of the cost for ventilators.

• Remove obsolete references to recipient–owned oxygen canisters and unnecessary references to the Medicaid provider manual.

These amendments do not provide for waivers in specified situations because addition of covered items, simplification of authorization procedures, and clarification of existing policies are a benefit to recipients. Recipients who feelthat they are disadvantaged by these rules may request an exception under the Department’s general rule at 441— 1.8(17A,217).

Any interested person may make written comments on the proposed amendments on or before November 20, 2002. Comments should be directed to the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319–0114. Comments may be sent by fax to (515)281– 4980 or by E–mail to policyanalysis@dhs.state.ia.us.

These amendments are intended to implement Iowa Code section 249A.4.

The following amendments are proposed.

ITEM 1. Amend subrule 78.10(1) as follows:

Amend paragraph “c” as follows:

c. A physician’s (doctor of medicine, osteopathy, or podiatry), physician assistant’s, or advanced registered nurse practitioner’s prescription is required to establish medical necessity. The prescription shall state the diagnosis, prognosis, and length of time the item is to be required.

For items requiring prior approval, a request shall include a physician’s, physician assistant’s, or advanced registered nurse practitioner’s written order or prescription and sufficient medical documentation to permit an independent conclusion that the requirements for the equipment or device are met and the item is medically necessary and reasonable. A request for prior approval is made on Form XIX–P Auth (SDC) 470–0829, Request for Prior Authorization. See rule 441—78.28(249A) for prior approval requirements.

Amend paragraph “d,” subparagraph (6), by rescinding the first unnumbered paragraph.

Amend paragraph “f” as follows:

f. Consideration will be given to rental or purchase based on the price of the item and the length of time it would be required. The decision on rental or purchase shall be made by the fiscal agent, and be based on the most reasonable method to provide the equipment.

(1) The provider shall monitor rental payments up to 150 percent of the purchase price. At the point that total rent paid equals 150 percent of the purchase allowance, the recipient will be considered to own the item and no further rental payments will be made to the provider.

(2) Payment may be made for the purchase of an item even though rental payments may have been made for prior months. It The rental of the equipment may be necessary to rent the item for a period of time to establish that it will meet the identified need prior to before the purchase of the equipment. When a decision is made to purchase after renting an item, all of the first full month’s rental allowance payments will be applied to the purchase allowance.

(3) EXCEPTION: Ventilators will be maintained on a rental basis for the duration of use.

ITEM 2. Amend subrule 78.10(2) as follows:

Amend paragraph “a,” subparagraph (1), as follows:

(1) A physician’s, physician assistant’s, or advanced registered nurse practitioner’s prescription documents that a resident of a nursing facility requires oxygen for 12 hours or more per day and the provider and physician, physician assistant, or advanced registered nurse practitioner jointly submit Attending Physician’s Certification of Medical Necessity for Home Oxygen Therapy, Form HCFA A–484 484, from Medicare or a reasonable facsimile to the Medicaid fiscal agent with the monthly billing. The documentation submitted must contain the following:

1. The number of hours oxygen is required per day;

2. the The diagnosis of the disease requiring continuous oxygen, prognosis, and length of time the oxygen will be needed;

3. the The oxygen flow rate and concentration; the type of system ordered, i.e., cylinder gas, liquid gas, or concentrator;

4. a A specific estimate of the frequency and durationof use; and,

5. where applicable, the The initial reading on the time meter clock on each concentrator, where applicable.

Rescind paragraph “b” and adopt the following new paragraph in lieu thereof:

b. Only the following types of durable medical equipment can be covered through the Medicaid program:

Alternating pressure pump.

Bed pan.

Blood pressure cuffs.

Cane.

Cardiorespiratory monitor (rental and supplies).

Commode.

Commode pail.

Crutches.

Decubitus equipment.

Dialysis equipment.

Diaphragm (contraceptive device).

Enclosed bed. See 78.10(2)“d” for prior authorization requirements.

Enuresis alarm system (bed–wetting alarm device) for recipients five years of age or older.

Hospital bed.

Hospital bed accessories.

Inhalation equipment.

Insulin infusion pump. See 78.10(2)“d” for prior authorization requirements.

Lymphedema pump.

Neuromuscular stimulator.

Oximeter.

Oxygen, subject to the limitations in 78.10(2)“a” and 78.10(2)“c.”

Patient lift (Hoyer).

Phototherapy bilirubin light.

Pressure unit.

Protective helmet.

Respirator.

Resuscitator bags and pressure gauge.

Seat lift chair.

Suction machine.

Traction equipment.

Urinal (portable).

Vaporizer.

Ventilator.

Vest airway clearance system. See 78.10(2)“d” for prior authorization requirements.

Walker.

Wheelchair—standard and adaptive.

Whirlpool bath.

Adopt new paragraphs “c” and “d” as follows:

c. Coverage of home oxygen equipment and oxygen will be considered reasonable and necessary only for recipients with significant hypoxemia, as shown by medical documentation. The physician’s, physician assistant’s, or advanced registered nurse practitioner’s prescription shall document that other forms of treatment have been tried and have not been successful, and that oxygen therapy is required.

(1) To identify the medical necessity for oxygen therapy, the supplier and a physician, physician assistant, or advanced registered nurse practitioner shall jointly submit Medicare Form B–7401, Physician’s Certification for Durable Medical Equipment, or a reasonable facsimile. The following information is required:

1. A diagnosis of the disease requiring home use of oxygen;

2. The oxygen flow rate and concentration;

3. The type of system ordered, i.e., cylinder gas, liquid gas, or concentrator;

4. A specific estimate of the frequency and duration of use; and

5. The initial reading on the time meter clock on each concentrator, where applicable.

(2) If the patient’s condition or need for oxygen services changes, the attending physician, physician assistant, or advanced registered nurse practitioner must adjust the documentation accordingly.

(3) A second oxygen system is not covered by Medicaid when used as a backup for oxygen concentrators or as a standby in case of emergency. Recipients may be provided with a portable oxygen system to complement a stationary oxygen system, or to be used by itself, with documentation from the physician (doctor of medicine or osteopathy), physician assistant, or advanced registered nurse practitioner of the medical necessity for portable oxygen for specific activities.

(4) Payment for concentrators shall be made only on a rental basis.

(5) All accessories, disposable supplies, servicing, and repairing of concentrators are included in the monthly Medicaid payment for concentrators.

d. Prior authorization is required for the following medical equipment and supplies (Cross–reference 78.28(1)):

(1) Enclosed beds. Payment for an enclosed bed will be approved when prescribed for a patient who meets all of the following conditions:

1. The patient has a diagnosis–related cognitive or communication impairment that results in risk to safety:

2. The patient’s mobility puts the patient at risk for injury.

3. The patient has suffered injuries when getting out of bed.

4. The patient has had a successful trial with an enclosed bed.

(2) External insulin infusion pumps. Payment will be approved according to Medicare coverage criteria.

(3) Vest airway clearance systems. Payment will be approved for a vest airway clearance system when prescribed by a pulmonologist for a patient with a diagnosis of a lung disorder if all of the following conditions are met:

1. Pulmonary function tests for the 12 months before the initiation of the vest demonstrate an overall significant decrease of lung function.

2. The patient resides in an independent living situation or has a medical condition that precludes the caregiver from administering traditional chest physiotherapy.

3. Treatment by flutter device failed or is contraindicated.

4. Treatment by intrapulmonary percussive ventilation failed or is contraindicated.

5. All other less costly alternatives have been tried.

ITEM 3. Amend subrule 78.10(3) as follows:

Amend paragraph “b” as follows:

Amend the fourth unnumbered paragraph as follows:

Enteral delivery supplies and products. Daily enteral nutrition therapy will only be considered necessary and reasonable for a recipient with a metabolic or digestive disorder which prevents the recipient from obtaining the necessary nutritional value from usual foods in any form, and which cannot be managed by avoidance of certain food products, or for a recipient with severe pathology of the body which does not allow ingestion or absorption of sufficient nutrients from regular food to maintain weight and strength commensurate with the recipient’s general condition. Supplementation of a regular diet is reimbursable when a recipient has severe pathology of the body which does not allow ingestion and absorption of sufficient nutrients from regular food and documentation is submitted to support the fact that regular foods will not provide sufficient nutritional value to the recipient. See 78.10(3)“c” for prior approval requirements.

Adopt the following new unnumbered paragraph:

Oral nutritional supplementation. See 78.10(3)“c” for prior approval requirements.

Amend paragraph “c” as follows:

Amend subparagraph (2) as follows:

(2) Enteral products and enteral delivery pumps and supplies. Daily enteral nutrition therapy shall be approved as medically necessary only for a recipient who either has a metabolic or digestive disorder that prevents the recipient from obtaining the necessary nutritional value from usual foods in any form and cannot be managed by avoidance of certain food products or has a severe pathology of the body that does not allow ingestion or absorption of sufficient nutrients from regular food to maintain weight and strength commensurate with the recipient’s general condition.

A request for prior approval shall include a physician’s, physician assistant’s, or advanced registered nurse practitioner’s written order or prescription and documentation to establish the medical necessity for enteral products and enteral delivery pumps and supplies which includes pursuant to the above standards. The documentation shall include:

1. A statement of the recipient’s total medical condition that includes a description of the recipient’s metabolic or digestive disorder or pathology.

2. Documentation of the medical necessity for commercially prepared products. The information submitted must identify other methods attempted to support the recipient’s nutritional status and indicate that the recipient’s nutritional needs were not or could not be met by regular food in pureed form.

3. Documentation of the medical necessity for an enteral pump, if the request includes an enteral pump. The information submitted must identify the medical reasons for not using a gravity feeding set.

Examples of conditions that will not justify approval of enteral nutrition therapy are: weight–loss diets, wired–shut jaws, diabetic diets, milk or food allergies (unless the recipient is under five years of age and coverage through the Women, Infant and Children’s program is not available), and the use of enteral products for convenience reasons when regular food in pureed form would meet the medical need of the recipient, or nutritional supplementation to boost calorie or protein intake in the absence of severe pathology of the body as stated in 78.10(3)“b.”

Basis of payment for nutritional therapy supplies will shall be the least expensive method of delivery that is reasonable and medically necessary based on the documentation submitted.

Adopt new subparagraph (3) as follows:

(3) Oral supplementation of a regular diet shall be approved as medically necessary only when, due to severe pathology of the body or a psychological pathology or disorder, the recipient is not able to ingest or absorb sufficient nutrients from regular food to the extent that supplementation is necessary to provide 51 percent or more of the daily caloric intake.

A request for prior approval shall include a physician’s, physician assistant’s, or advanced registered nurse practitioner’s written order or prescription and documentation to establish the medical necessity for oral supplementation pursuant to these standards. The documentation shall include:

1. A statement of the recipient’s total medical condition that includes a description of the recipient’s physical pathology or psychological disorder or pathology.

2. Documentation of the medical necessity for commercially prepared products. The information submitted must identify other methods attempted to support the recipient’s nutritional status and indicate that the recipient’s nutritional needs were not or could not be met by regular food in pureed form.

3. Documentation to support the fact that regular foods will not provide sufficient nutritional value to the recipient.

Examples of conditions that will not justify approval of oral supplementation are: weight–loss diets, wired–shut jaws, diabetic diets, milk or food allergies (unless the recipient is under five years of age and coverage through the Women, Infant and Children’s program is not available), supplementation to boost calorie or protein intake by less than 51 percent of the daily intake, and the absence of severe pathology of the body or psychological pathology or disorder.

ITEM 4. Amend subrule 78.10(4), paragraph “a,” by deleting the terms “bedpan,” “cane,” “commode pail,” “crutches,” “decubitus equipment,” “diaphragm (contraceptive device),” “hospital bed accessories,” “urinal (portable),” and “vaporizer” from the unnumbered list.

ITEM 5. Amend subrule 78.28(1) as follows:

Amend paragraph “c” as follows:

c. Enteral products and enteral delivery pumps and supplies require prior approval. Daily enteral nutrition therapy shall be approved as medically necessary only for a recipient who either has a metabolic or digestive disorder that prevents the recipient from obtaining the necessary nutritional value from usual foods in any form and cannot be managed by avoidance of certain food products or has a severe pathology of the body that does not allow ingestion or absorption of sufficient nutrients from regular food to maintain weight and strength commensurate with the recipient’s general condition. (Cross–reference 78.10(3)“c”(2))

(1) A request for prior approval shall include a physician’s, physician assistant’s, or advanced registered nurse practitioner’s written order or prescription and documentation to establish the medical necessity for enteral products and enteral delivery pumps and supplies pursuant to the above standards. which includes The documentation shall include:

1. A statement of the recipient’s total medical condition that includes a description of the recipient’s metabolic or digestive disorder or pathology.

2. Documentation of the medical necessity for commercially prepared products. The information submitted must identify other methods attempted to support the recipient’s nutritional status and indicate that the recipient’s nutritional needs were not or could not be met by regular food in pureed form.

3. Documentation of the medical necessity for an enteral pump, if the request includes an enteral pump. The information submitted must identify the medical reasons for not using a gravity feeding set.

(2) Examples of conditions that will not justify approval of enteral nutrition therapy are: weight–loss diets, wired–shut jaws, diabetic diets, milk or food allergies (unless the recipient is under five years of age and coverage through the Women, Infant and Children’s program is not available), and the use of enteral products for convenience reasons when regular food in pureed form would meet the medical need of the recipient, or nutritional supplementation to boost calorie or protein intake in the absence of severe pathology of the body as stated in 78.10(3)“b.”

(3) Basis of payment for nutritional therapy supplies will shall be the least expensive method of delivery that is reasonable and medically necessary based on the documentation submitted.

Adopt new paragraphs “g” through “j” as follows:

g. Prior authorization is required for enclosed beds. (Cross–reference 78.10(2)“c”) The department shall approve payment for an enclosed bed when prescribed for a patient who meets all of the following conditions:

(1) The patient has a diagnosis–related cognitive or communication impairment that results in risk to safety.

(2) The patient’s mobility puts the patient at risk for injury.

(3) The patient has suffered injuries when getting out of bed.

(4) The patient has had a successful trial with an enclosed bed.

h. Prior authorization is required for external insulin infusion pumps and is granted according to Medicare coverage criteria. (Cross–reference 78.10(2)“c”)

i. Prior authorization is required for oral nutrition–al supplementation of a regular diet. (Cross–reference 78.10(2)“c”) The department shall approve payment when, due to severe pathology of the body or a psychological pathology disorder, the recipient is not able to ingest or absorb sufficient nutrients from regular food to the extent that supplementation is necessary to provide 51 percent or more of the daily caloric intake.

A request for prior approval shall include a physician’s, physician assistant’s, or advanced registered nurse practitioner’s written order or prescription and documentation to establish the medical necessity for oral supplementation pursuant to these standards.

(1) The documentation shall include:

1. A statement of the recipient’s total medical condition that includes a description of the recipient’s physical pathology or psychological disorder or pathology.

2. Documentation of the medical necessity for commercially prepared products. The information submitted must identify other methods attempted to support the recipient’s nutritional status and indicate that the recipient’s nutritional needs were not or could not be met by regular food in pureed form.

3. Documentation to support the fact that regular foods will not provide sufficient nutritional value to the recipient, if the request includes oral supplementation of a regular diet.

(2) Examples of conditions that will not justify approval of oral supplementation are: weight–loss diets, wired–shut jaws, diabetic diets, milk or food allergies (unless the recipient is under five years of age and coverage through the Women, Infant and Children’s program is not available), supplementation to boost calorie or protein intake by less than 51 percent of the daily intake, and the absence of severe pathology of the body or psychological pathology or disorder.

j. Prior authorization is required for vest airway clearance systems. (Cross–reference 78.10(2)“c”) The department shall approve payment for a vest airway clearance system when prescribed by a pulmonologist for a patient with a medical diagnosis related to a lung disorder if all of the following conditions are met:

(1) Pulmonary function tests for the 12 months before initiation of the vest demonstrate an overall significant decrease of lung function.

(2) The patient resides in an independent living situation or has a medical condition that precludes the caregiver from administering traditional chest physiotherapy.

(3) Treatment by flutter device failed or is contraindicated.

(4) Treatment by intrapulmonary percussive ventilation failed or is contraindicated.

(5) All other less costly alternatives have been tried.

Pursuant to the authority of Iowa Code section 234.6, the Department of Human Services proposes to amend Chapter 153, “Social Services Block Grant and Funding for Local Services,” Iowa Administrative Code.

This proposed amendment rescinds the 4.3 percent rate cut for services under the State Payment Program that was implemented in December 2001. The amendment that implemented the 4.3 percent rate cut was Adopted and Filed Emergency and published in the Iowa Administrative Bulletin on December 12, 2001, as ARC 1165B. For the last half of state fiscal year 2003, rates will return to the rate in effect on November 1, 2001. Providers enrolling during that period will be subject to the same limits. For fiscal year 2004, rates will be set by the county where the provider is located or by the Iowa plan contractor. References to purchase of service contracts are removed because those contracts are no longer used for adult services.

This amendment does not provide for waivers in specified situations because it confers a benefit.

Any interested person may make written comments on the proposed amendment on or before November 20, 2002. Comments should be directed to the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319–0114. Comments may be sent by fax to (515)281– 4980 or by E–mail to policyanalysis@dhs.state.ia.us.

This amendment is intended to implement Iowa Code section 234.6(6).

The following amendment is proposed.

Amend subrule 153.57(3), paragraph “b,” as follows:

b. Payment to a provider with a special mental health, mental retardation county contract agreement for services provided to a member shall be the purchase of service rate less 4.3 percent, or, if there is no purchase of service contract, the unit rate paid on November 1, 2001, by the county in which the provider is located, less 4.3 percent for the re–mainder of state fiscal year 2003, and the unit rate paid by the county in which the provider is located effective July 1, 2003.

(1) Payment to a provider for services to a member whose case is being overseen by the department’s service worker and the Iowa Plan shall be at the rate established by the Iowa Plan contractor as of November 1, 2001, less 4.3 percent for the remainder of state fiscal year 2003, and at the rate established by the Iowa Plan contractor effective July 1, 2003.

(2) Payment to a provider requesting enrollment in a special mental health, mental retardation county contract agreement subsequent to December 1, 2001 between January 1, 2003, and June 30, 2003, shall be at the rate paid on November 1, 2001, by the county in which the provider is located, less 4.3 percent.

(3) Payment to a provider requesting enrollment in the Iowa Plan subsequent to December 1, 2001 between January 1, 2003, and June 30, 2003, shall be at the rate in effect on November 1, 2001, less 4.3 percent.

Pursuant to the authority of Iowa Code sections 321G.2 and 462A.3, the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 20, “Manufacturer’s Certificate of Origin,” Chapter 38, “Boat Registration and Numbering,” and Chapter 50, “All–Terrain Vehicles and Snowmobile Accident Reports and Registration Display,” and adopt new Chapter 46, “All–Terrain Vehicle and Snowmobile Bonding,” and Chapter 47, “Vessel Bonding,” Iowa Administrative Code.

These amendments are proposed in order to implement recent statutory changes related to titling and registration of boats, all–terrain vehicles and snowmobiles.

These amendments accomplish the following:

1. Clarify and modify processes used for the identification, registration and titling of boats, snowmobiles and all–terrain vehicles; and

2. Establish a bonding process that will enable the issuance of a certificate of title and registration for boats, snowmobiles and all–terrain vehicles for which ownership has not been conclusively established.

Any interested person may make written suggestions or comments on the proposed amendments on or before November 20, 2002. Such written materials should be directed to the Customer Services Bureau, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319–0034; fax (515)281–6794. Persons who wish to convey their views orally should contact the Bureau at (515) 281–0162 or at the Bureau offices on the fourth floor of the Wallace State Office Building.

There will be a public hearing on November 20, 2002, at 10 a.m. in the Fourth Floor East Conference Room of the Wallace State Office Building at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

Any persons who intend to attend the public hearing and have special requirements such as those relating to hearing or mobility impairments should contact the Department of Natural Resources and advise of specific needs.

These amendments are intended to implement Iowa Code sections 321G.2 and 462A.3.

The following amendments are proposed.

ITEM 1. Amend subrule 20.3(7) as follows:

20.3(7) Type of boat.

a. Runabout.

b. Houseboat.

c. Open utility boat.

d. Cruiser.

e. Sailboat.

f. Pontoon boat.

g h. Other (describe).

ITEM 2. Rescind subrule 20.3(12) and renumber subrules 20.3(13) to 20.3(17) as 20.3(12) to 20.3(16).

ITEM 3. Amend rule 571—38.6(462A) as follows:

571—38.6(462A) Procedure for application of boat registration number—content. The following information shall be furnished, required and stated in the application for number.

1. Name and address of owner.

2. Present number (if any).

3. Hull material (wood, steel, aluminum, plastic, other).

4. Type of propulsion (outboard, inboard, other).

5. Length and width of boat.

6. Make and year built (if known).

7. Statement as to use.

8. Signature.

(Yes ___ No ___).

10 9. From whom purchased (name and address).

11 10. If a person is making application for a boat registration number for a used vessel that has never before been registered in Iowa or titled and the person does not have any satisfactory proof of ownership, the county recorder may issue a certificate of number for the used vessel if the applicant has provided the recorder with a signed and notarized affidavit, on a form provided by the department, stating that the person making the application is the lawful owner of the vessel.

ITEM 4. Amend rule 571—38.10(462A) as follows:

571—38.10(462A) Information on certificate. The certificate of number shall show the following:

1. Name and address of boat owner.

2. Number issued.

3. Expiration date.

4. Make, or model, or type of boat.

5. Hull material (wood, steel, aluminum, plastic, other).

6. Length of vessel.

7. Propulsion (inboard, outboard, other).

8. Maximum capacity rating (number of persons).

ITEM 5. Adopt the following new chapter:

CHAPTER 46
ALL–TERRAIN VEHICLE AND
SNOWMOBILE BONDING

571—46.1(321G) Bond required before issuance of title or registration. If an applicant for a certificate of title or registration cannot provide the supporting documents required by Iowa Code sections 321G.4, 321G.6, 321G.21(9), 321G.29 and 321G.31, the following shall apply:

46.1(1) Application for bonding. If the county recorder or department is not satisfied as to the ownership of an all–terrain vehicle or snowmobile, the applicant shall complete the application form provided by the department and submit it to the department.

46.1(2) Exhibits. The following exhibits shall be submitted with the application form:

a. A photograph of the all–terrain vehicle or snowmobile which shows the front and one side of the all–terrain vehicle or snowmobile.

b. The written ownership document received at the time that the all–terrain vehicle or snowmobile was acquired.

c. Satisfactory proof of the all–terrain vehicle or snowmobile identification number.

d. If required after examination by the department, the undeliverable certified letter and envelope addressed to the previous owner.

46.1(3) Examination.

a. After a properly completed application form and the required exhibits have been submitted, the department may examine the all–terrain vehicle or snowmobile and shall search the state files to determine if there is an owner of rec–ord for the all–terrain vehicle or snowmobile and if the all–terrain vehicle or snowmobile has been reported stolen or embezzled.

b. If a record is found, the applicant shall send notice by certified mail to the owner of record at the owner’s last–known address. The notice shall state that the owner of rec–ord may assert the owner’s right to claim the all–terrain vehicle or snowmobile or to waive any further claim. If the applicant receives no response from the owner of record within ten days after the date of mailing or receives a waiver of further claim to the all–terrain vehicle or snowmobile, the department will continue processing the bond application. The certified letter with envelope shall be submitted with the application form as proof that the letter is undeliverable.

46.1(4) Approval.

a. If the department determines that the applicant has complied with this rule, that there is sufficient evidence to indicate that the applicant is the rightful owner, and that there is no known unsatisfied security interest, the department shall:

(1) Have the applicant obtain from an Iowa–registered dealer for all–terrain vehicles or snowmobiles the current value of the all–terrain vehicle or snowmobile on an application form provided by the department.

(2) Notify the applicant that the applicant is required to file with the department a surety bond in an amount equal to one and one–half times the current value of the all–terrain vehicle or snowmobile.

b. After the surety bond has been received, the department shall:

(1) If applicable, affix an assigned identification number plate to the all–terrain vehicle or snowmobile.

(2) Notify the county recorder in writing that a certificate of title and registration receipt may be issued for the all–terrain vehicle or snowmobile.

c. The applicant shall submit to the county recorder a completed application form provided by the department.

46.1(5) Disapproval. If the department determines that the applicant has not complied with this rule, that there is sufficient evidence to indicate that the applicant may not be the rightful owner, that there is an unsatisfied security interest, or that the owner of record asserts a claim for the all–terrain vehicle or snowmobile, the department shall not authorize issuance of a certificate of title or registration receipt and shall notify the applicant in writing of the reason(s).

This rule is intended to implement Iowa Code sections 321G.4, 321G.6, 321G.21(9), 321G.29 and 321G.31.

ITEM 6. Adopt the following new chapter:

CHAPTER 47
VESSEL BONDING

571—47.1(462A) Bond required before the issuance of title or registration. If an applicant for a registration cannot provide the supporting documents required by Iowa Code sections 462A.5, 462A.6, 462A.6A, 462A.45, 462A.77 and 462A.82, the following shall apply:

47.1(1) Application for bonding. If the county recorder or department is not satisfied as to the ownership of a vessel, the applicant shall complete the application form provided by the department and submit it to the department.

47.1(2) Exhibits. The following exhibits shall be submitted with the application form:

a. A photograph of the vessel which shows the front and one side of the vessel.

b. The written ownership document received at the time that the vessel was acquired.

c. Satisfactory proof of the vessel identification number.

d. If required after examination by the department in accordance with subrule 47.1(3), the undeliverable certified letter and envelope addressed to the previous owner.

47.1(3) Examination.

a. After a properly completed application form and the required exhibits have been submitted, the department may examine the vessel and shall search the state files to determine if there is an owner of record for the vessel and if the vessel has been reported stolen or embezzled.

b. If a record is found, the applicant shall send notice by certified mail to the owner of record at the owner’s last–known address. The notice shall state that the owner of rec–ord may assert the owner’s right to claim the vessel or to waive any further claim. If the applicant receives no response from the owner of record within ten days after the date of mailing or receives a waiver of further claim to the vessel, the department will continue processing the bond application. The certified letter with envelope shall be submitted with the application form as proof that the letter is undeliverable.

47.1(4) Approval.

a. If the department determines that the applicant has complied with this rule, that there is sufficient evidence to indicate that the applicant is the rightful owner, and that there is no known unsatisfied security interest, the department shall:

(1) Have the applicant obtain from an Iowa–registered dealer for vessels the current value of the vessel on a form provided by the department.

(2) Notify the applicant that the applicant is required to file with the department a surety bond in an amount equal to one and one–half times the current value of the vessel.

b. After the surety bond has been received, the department shall:

(1) If applicable, assign a hull identification number to the vessel.

(2) Notify the county recorder in writing that a certificate of title and registration receipt may be issued for the vessel.

c. The applicant shall submit to the county recorder a completed form provided by the department.

47.1(5) Disapproval. If the department determines that the applicant has not complied with this rule, that there is sufficient evidence to indicate that the applicant may not be the rightful owner, that there is an unsatisfied security interest, or that the owner of record asserts a claim for the vessel, the department shall not authorize issuance of a certificate of title or registration receipt and shall notify the applicant in writing of the reason(s).

This rule is intended to implement Iowa Code sections 462A.5, 462A.6, 462A.6A, 462A.45, 462A.77 and 462A.82.

ITEM 7. Amend 571—Chapter 50, title, as follows:

CHAPTER 50
ALL–TERRAIN VEHICLES VEHICLE AND SNOWMOBILE ACCIDENT REPORTS, AND REGISTRATION DISPLAY TITLING, REGISTRATION AND NUMBERING

ITEM 8. Amend 571—Chapter 50 by adopting new rules 571—50.2(321G), 571—50.7(321G), and 571— 50.8(321G) as follows:

571—50.2(321G) Registration and titling—required forms. All applications, affidavits and certificates shall be completed in full on forms provided by the department.

50.7(1) The owner of a home–built or rebuilt all–terrain vehicle or snowmobile for which there is no legible vehicle identification number may make application on forms provided by the department for the issuance of a new VIN. The application process shall include an inspection of the all–terrain vehicle or snowmobile by a department designee. If the application is approved, the VIN will be affixed to the vehicle in the presence of the department designee. The completed application shall then be surrendered to the county recorder.

50.7(2) Placement of department–issued vehicle identification number.

a. Snowmobile. The VIN shall be affixed in a conspicuous location on the outside of the tunnel.

b. All–terrain vehicle. The VIN shall be affixed to the frame under the seat.

c. Two–wheeled off–road motorcycle registered as an all–terrain vehicle. The VIN shall be affixed to the steering yoke.

571—50.8(321G) Identification number. The audit number on the snowmobile or all–terrain vehicle registration decal shall serve as the identification number required to be displayed as prescribed by Iowa Code section 321G.5.

ITEM 9. Amend rule 571—50.9(321G) as follows:

571—50.9(321G) Procedure for placement of validation and expiration registration decal. The validation or expiration decal shall be placed on the identification number attached to the all–terrain vehicle or snowmobile in an upright position approximately equal distance between the last prefix letter and the first number. Letters and numbers shall be no less than one inch in height and of a color contrasting with the color of the all–terrain vehicle or snowmobile.

50.9(1) Snowmobile. The decal with audit number shall be affixed to each side of the front half of the snowmobile so that the decal is clearly visible.

50.9(2) All–terrain vehicle. The decal with audit number shall be affixed to the rear so that the decal is clearly visible.

50.9(3) Two–wheeled off–road motorcycle registered as an all–terrain vehicle. The decal with audit number shall be affixed to the steering yoke in such a manner that the decal does not cover up the vehicle identification number and is clearly visible.

This rule is intended to implement Iowa Code section 321G.5.

ITEM 10. Amend 571—Chapter 50 by adopting the following new implementation sentence at the end thereof:

These rules are intended to implement Iowa Code section 321G.3.

Pursuant to the authority of Iowa Code section 97B.15, the Department of Personnel hereby gives Notice of Intended Action to amend Chapter 21, “Iowa Public Employees’ Retirement System,” Iowa Administrative Code.

These proposed amendments modify references to the governance structure of IPERS pursuant to 2001 Iowa Acts, chapter 68. Sections 7, 8, 9, 11,12, and 24 of 2001 Iowa Acts, chapter 68, implement new definitions, designate the chief executive officer as the IPERS administrator, and establish the beginning date for the IPERS investment board to become the trustee for the fund. Other proposed amendments clean up outdated references to IPERS’ change of address, define the availability of records of IPERS members pursuant to 2002 Iowa Acts, House File 2532, section 13, and clarify information to be provided to IPERS regarding appeals of initial disability determinations.

These amendments were prepared after consultation with the legal, accounting and benefits units of IPERS.

There are no waiver provisions included in the proposed amendments because the amendments confer benefits or are required by statute.

Any person may make written suggestions or comments on the proposed amendments on or before November 19, 2002. Such written suggestions or comments should bedirected to the IPERS Administrative Rules Coordinator at IPERS, P.O. Box 9117, Des Moines, Iowa 50306–9117. Persons who wish to present their comments orally may contact the IPERS Administrative Rules Coordinator at (515)281– 3081. Comments may also be submitted by fax to (515)281– 0045 or by E–mail to www.ipers.org.

There will be a public hearing on November 19, 2002, at9 a.m. at IPERS, 7401 Register Drive, Des Moines, Iowa, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject matter of the proposed amendments.

These amendments were also Adopted and Filed Emergency and are published herein as ARC 2068B. The content of that submission is incorporated by reference.

These amendments are intended to implement Iowa Code chapter 97B as amended by 2001 Iowa Acts, chapter 68, and 2002 Iowa Acts, House File 2532.

Pursuant to the authority of Iowa Code sections 147.76 and 272C.3, the Board of Podiatry Examiners hereby gives Notice of Intended Action to amend Chapter 220, “Licensure of Podiatrists,” and Chapter 223, “Practice of Podiatry,” Iowa Administrative Code.

The proposed amendments will require podiatrists to report at the time of the renewal of their licenses that they have completed the mandatory training on identifying and reporting child and dependent adult abuse. The proposed amendments include a rule covering how unlicensed graduates of podiatric colleges may function in the offices of licensed podiatrists.

These rules were revised in accordance with Executive Order Number 8. Staff and Board members had input on these rules. Decisions were made based on need, clarity, intent and statutory authority, cost and fairness.

Any interested person may make written comments on the proposed amendments no later than November 19, 2002, addressed to Ella Mae Baird, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075.

A public hearing will be held on November 19, 2002, from 9 to 11 a.m. in the Professional Licensure Conference Room, Lucas State Office Building, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.

These amendments are intended to implement Iowa Code chapters 147, 149 and 272C.

The following amendments are proposed.

ITEM 1. Amend rule 645—220.1(149) by adopting the following new definition in alphabetical order:

“Mandatory training” means training on identifying and reporting child abuse or dependent adult abuse required of podiatrists who are mandatory reporters. The full requirements on mandatory reporting of child abuse and the training requirements are found in Iowa Code section 232.69. The full requirements on mandatory reporting of dependent adult abuse and the training requirements are found in Iowa Code section 235B.16.

ITEM 2. Renumber subrules 220.9(3) and 220.9(4) as 220.9(4) and 220.9(5) and adopt the following new subrule 220.9(3):

220.9(3) Mandatory reporting of child abuse and dependent adult abuse.

a. A licensee who regularly examines, attends, counsels or treats children in Iowa shall indicate on the renewal application completion of two hours of training in child abuse identification and reporting in the previous five years or condition(s) for waiver of this requirement as identified in paragraph “f.”

b. A licensee who regularly examines, attends, counsels or treats dependent adults in Iowa shall indicate on the renewal application completion of two hours of training in dependent adult abuse identification and reporting in the previous five years or condition(s) for waiver of this requirement as identified in paragraph “f.”

c. A licensee who regularly examines, attends, counsels or treats both dependent adults and children in Iowa shall indicate on the renewal application completion of training in abuse identification and reporting in dependent adults and children or condition(s) for waiver of this requirement as identified in paragraph “f.”

d. Training may be completed through separate courses as identified in paragraphs “a” and “b” or in one combined two–hour course that includes curricula for identifying and reporting child abuse and dependent adult abuse.

e. The licensee shall maintain written documentation for five years after mandatory training as identified in paragraphs “a” to “c,” including program date(s), content, duration, and proof of participation.

f. The requirement for mandatory training for identifying and reporting child and dependent adult abuse shall be suspended if the board determines that suspension is in the public interest or that a person at the time of license renewal:

(1) Is engaged in active duty in the military service of this state or the United States.

(2) Holds a current waiver by the board based on evidence of significant hardship in complying with training requirements, including waiver of continuing education requirements or extension of time in which to fulfill requirements due to a physical or mental disability or illness as identified in 645—Chapter 222.

g. The board may select licensees for audit of compliance with the requirements in paragraphs “a” to “e.”

ITEM 3. Amend 645—Chapter 223 by adopting the following new rule:

645—223.3(149) Unlicensed graduate of a podiatric college. An unlicensed graduate of a podiatric college may function in the licensed podiatrist’s office only as a podiatric assistant. The licensed podiatrist shall have full responsibility and liability for the unlicensed person.

223.3(1) Treatments, charting, and notations completed by the unlicensed graduate must be initialed by that person and countersigned by the licensed podiatrist.

223.3(2) An unlicensed graduate shall not:

a. Be referred to as “doctor” during professional contact with patients.

b. Treat patients in the office without a licensed podiatrist present.

c. Perform surgical work without direct supervision of a licensed podiatrist.

d. Diagnose or prescribe medicine.

e. Take independent actions regarding diagnosis, treatment or prescriptions.

f. Visit nursing homes or make house calls without the presence of the licensed podiatrist.

g. Bill for any services.

Pursuant to the authority of Iowa Code section 384.15, the City Finance Committee amends Chapter 2, “Budget Amendments and Fund Transfers,” Iowa Administrative Code.

The amendments are to rule 2.1(384,388), “Definitions,” and define the major areas or functions of public service expenditures in which a city is required to record and budget. The City Finance Committee defines the structure of “program” expenditures as referenced in Iowa Code section 384.16. The amendments are intended to allow budgets to conform to General Accounting Standards Board Statement 34 and become effective on January 1, 2003. GASB–34 consists of new and revised generally accepted accounting practices. The effects of the change are to increase expenditure programs from four to nine and update accounting terms.

The amendments allow implementation and facilitation of GASB Statement 34. Statement 34 applies to all state and local governmental entities that report financial statements according to generally accepted accounting principles (GAAP). The goal of GASB–34 is to make annual financial reports easier to understand, more useful to the people who use them for decision making, and more comprehensive regarding the full cost of providing services to citizens. Any public participation in this rule–making process would be unnecessary, impracticable and contrary to the public interest. Therefore, these amendments are filed pursuant to Iowa Code section 17A.4(2).

Iowa Code section 384.16 requires a city to budget expenditures under major program areas as defined under the rules of the City Finance Committee and to submit them on March 15. Statute requires budgets to show comparisons from two prior years for each program area. The amendments both remove a restriction and confer a benefit to cities who must convert their current budgets and prepare a fiscal year 2004 budget in the new format. Cities must prepare the budgets, hold public hearings, adopt fiscal year 2004 budgets and submit the budgets by the March 15, 2003, statutory due date. The budgets are not legal unless the amendments to Iowa Administrative Code rule 545—2.1(384,388) are in place prior to any city action to convert. Therefore, the normal effective date of these amendments is waived and the amendments will become effective January 1, 2003, pursuant to Iowa Code section 17A.5(2).

These amendments will become effective January 1, 2003.

These amendments are intended to implement Iowa Code section 384.16.

The following amendments are adopted.

Amend rule 545—2.1(384,388), definitions of “budget appropriation,” “detailed budget” and “program,” as follows:

“Budget appropriation” means the allocation of the total appropriation to each program for the following fiscal year, as provided for by a city’s budget as finally adopted. Allappropriations shall be allocated to one or more of the four nine programs as defined in this rule.

Any expenditure authorized in Iowa Code sections 384.23 to 384.94 shall be deemed appropriated.

“Detailed budget” shall mean documenting revenues and transfer in by sources and funds, and documenting expenditures and transfers out by programs, funds, activities, and characters functions and objects.

“Program” means any one of the following four nine major areas functions of public service that the city finance committee requires cities to use in defining its program structure:

1. Community protection; Public safety;

2. Human development; Public works;

3. Home and community environment; Health and social services;

4. Policy and administration. Culture and recreation;

[Filed Emergency 10/2/02, effective 1/1/03]

[Published 10/30/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/30/02.

Pursuant to the authority of Iowa Code section 237A.12, the Department of Human Services amends Chapter 110, “Family and Group Child Care Homes,” Iowa Administrative Code.

These amendments establish registration requirements for three categories of child care providers and change the renewal period for registration certificates, as directed by 2002 Iowa Acts, Senate File 2205. Under this legislation, homes serving five or fewer children are defined as “child care homes” and are not required to be registered. Homes serving six or more children are defined as “child development homes” and must be registered to operate. Under current rules, registration is voluntary unless the provider serves more than six children.

The three new categories replace the former categories of “family child care home,” “group child care home,” and “group child care home–joint registration,” and also replace the four–level child care home registration pilot program that has been operating in 23 Iowa counties. For providers that are currently registered, the new rules will take effect when the registration is renewed. Existing registration certificates will remain valid for their stated terms.

The Department developed standards for the new categories in cooperation with the Child Care Home Regulation Work Group, representing child care providers, child care home consultants, parents, child advocates, and the State Child Care Council. Changes in health and safety standards were written in consultation with the Iowa Department of Public Health.

As required under the current rules, all child development homes must meet a certain core of standards. Changes in these standards include additional requirements for first–aid kits, safety gates, fire extinguishers, smoke detectors, control of animals, swimming and wading pools, private sewer and wastewater treatment, and placement of infants when sleeping. Smoking is prohibited in the home, play area, and vehicles transporting children. Also, all providers must obtain 12 hours of training each year to maintain registration.

As under the four–level pilot, the new categories link the authorization to provide care for a greater number of children to more stringent standards for provider qualifications and physical facilities. Category A, the basic category, allows a provider to care for six children, of whom at least three must be over 18 months of age, plus two school–age children for less than two hours at a time.

Category B allows for more school–age and part–time children, with the requirement that an assistant be present when more than eight children are in care for more than two hours. Providers must be at least 20 years old, have a high school diploma or GED, and have either additional education or experience in providing child care. There are additional requirements for space and exits.

Category C allows for more children at all ages. The home must have two fully qualified providers. Each must be at least 21 years old, and child care experience is required. Both providers must be present when there are four children under the age of 18 months in care or more than eight children are present. There are additional requirements for space and exits.

Notice of Intended Action on these amendments was published in the Iowa Administrative Bulletin on June 26, 2002, as ARC 1767B. The Department also scheduled oral presentations in each of the eight service areas. The Department received numerous comments on these amendments, reflecting widespread concern among providers about how the changes would affect their operations. Based on its experience in the four–level pilot program, the Department believes that most of these concerns will be resolved as providers become more familiar with the rules.

The Department made the following changes to the rules in response to comments:

• Added the phrase, “in vehicles used to transport children,” to subrule 110.5(1), paragraph “c,” on first–aid kits.

• Added “gas dryers” to subrule 110.5(1), paragraph “f,” on storage of combustible materials.

• Expanded subrule 110.5(1), paragraph “j,” to require emergency plans to address both natural and man–made dis– asters and to map building exits and shelter areas for tornado and flood.

• Reworded subrule 110.5(1), new paragraph “p,” to specify that only a physician may authorize providers not to place infants on their backs for sleeping.

• Expanded subrule 110.5(1), new paragraph “q,” on pets at the recommendation of the Department of Public Health to require annual veterinary examination for cats and dogs, veterinary examination and purchase of birds from a licensed dealer, secure maintenance of aquariums, and pet care, feeding, and waste removal by adults only.

• Reworded subrule 110.5(1), new paragraph “r,” on pools to specify that a pool does not have to be fenced if it is covered at all times when not in use.

• Reworded subrule 110.5(1), new paragraph “s,” on use of pools to require the supervising provider to have CPR training instead of lifesaving training.

• Reworded subrule 110.5(1), new paragraph “t,” to require homes with private sewer systems to obtain a statement of compliance from the local board of health within 12 months of initial registration or renewal under the amended rules.

• Added new paragraphs “u,” “v,” and “w” to subrule 110.5(1) to require written policies for care of ill children and responding to health–related emergencies and the completion of injury report forms.

• Added a list of required immunizations for providers to subrule 110.5(2), paragraph “a,” and increased the frequency of obtaining a physician’s statement to every two years instead of every three years. Similar changes were made to subrule 110.5(2), paragraph “c,” subparagraph (3), for staff assistants and to subrule 110.5(2), paragraph “d,” subparagraph (3), for substitutes.

• Further amended subrule 110.5(2), paragraph “b,” subparagraph (2), to defer the requirement for first–aid training that includes management of a blocked airway and mouth–to–mouth resuscitation until January 1, 2004. Until that date, providers who cannot obtain that training shall obtain certificates in both first aid and CPR. Similar changes were made to subrule 110.5(2), paragraph “d,” subparagraph (5), for substitutes.

• Amended subrule 110.5(8) to allow an initial and annual statement of health for a child who is aged five or over and enrolled in school to be signed by the parent or guardian, instead of a physician, and to require maintenance of injury report forms.

• Clarified time limits on use of a substitute provider in subrule 110.5(10), paragraph “d.”

• Added a provision to subrule 110.8(1) for care of school–age children during emergency school closings in child development home Category A.

• Corrected subrule 110.10(1), paragraph “b,” to state that not more than four children under the age of 24 months shall be present at one time. This paragraph is intended to be parallel to 110.8(1)“b” and 110.9(1)“b.”

• Corrected subrule 110.10(1), paragraph “e,” to remove the phrase “for a period of more than two hours” in relation to care during emergency school closings. This paragraph is intended to be parallel to 110.8(1)“d” and 110.9(1)“e,” which do not have time limits.

• Substituted the word “registration” for “certification” in rules 441—110.8(237A), 441—110.9(237A), and 441— 110.10(237A), for accuracy and clarity.

• Corrected previously overlooked references to “child care home” in subrule 110.5(7), paragraph 110.5(8)“i,” and subrule 110.7(4).

Transitional exceptions to the limits on numbers of children in care are allowed when a currently registered provider is caring for more infants or school–age children when the registration is renewed than are allowed under the new legislation. The existing exception to the limit on the number of children allowed to be in care when school closes due to inclement weather is broadened to include all circumstances resulting in emergency school closings.

These amendments do not otherwise provide for waivers because requirements for registration should be uniform for all providers. Providers who feel that application of a spe–cific child care registration standard would result in hard–ship or injustice may request a waiver under rule 441— 1.8(17A,217).

The Council on Human Services adopted these amendments on October 9, 2002.

The Department finds, pursuant to Iowa Code section 17A.5(2)“b”(1), that the normal effective date of these amendments should be waived and these amendments made effective December 1, 2002. The Department is authorized to adopt emergency rules by 2002 Iowa Acts, Senate File 2205, section 31.

These amendments are intended to implement Iowa Code section 237A.12 and 2002 Iowa Acts, Senate File 2205.

These amendments shall become effective December 1, 2002.

The following amendments are adopted.

ITEM 1. Amend 441—Chapter 110, title and preamble, as follows:

CHAPTER 110
FAMILY AND GROUP CHILD CARE
DEVELOPMENT HOMES

PREAMBLE

This division chapter establishes registration procedures for family and group child care development homes and group child care–joint registration homes. Included are application and renewal procedures, standards for providers, and procedures for compliance checks and complaint investigation.

ITEM 2. Amend rule 441—110.1(237A) as follows:

Rescind the definitions of “family child care home,” “group child care home,” “group child care home–joint registration,” and “inclement weather.”

Amend the definitions of “assistant,” “child,” “child care,” “provider,” “registration,” and “registration certificate” as follows:

“Assistant” means a responsible person aged 14 or older. The assistant may never be left alone with children. Ultimate responsibility for supervision is with the child care provider.

“Child” means a person under 18 years of age either of the following.:

“Child care” means the care, supervision, or guidance of a child by a person other than the child’s parent, guardian, relative or custodian for periods of less than 24 hours per day per child on a regular basis in a place other than the child’s home. Child care shall not mean special activity programs that meet on a regular basis such as music or dance classes, organized athletics or sports programs, scouting programs, or hobby or craft classes or clubs.

“Provider” means the adult listed on the registration certificate person or program that applies for registration to provide child care and is approved for as a family or group child care development home, or the adult who is responsible and provides the child care in an unregistered family child care home. In a group child care home–joint registration, each individual is considered to be the provider, registrant, owner, or operator as used in this chapter.

“Registration” means the process by which child care providers certify that they comply with rules adopted by the department. This process is voluntary for family child care home providers, and mandatory for group child care home providers.

“Registration certificate” means the written document issued by the department of human services to publicly state that the provider has certified in writing compliance with the minimum requirements for registration of a family or group child care home or group child development care home–joint registration.

Adopt new definitions of “child development home” and “part–time hours” as follows:

“Child development home” means a person or program registered under this chapter that may provide child care to six or more children at any one time.

“Part–time hours” means the hours that child development homes in categories B and C are allowed to exceed their maximum preschool or school–age capacity. A provider may use a total of up to 180 hours per month as part–time hours. No more than two children using part–time hours may be in the child development home at any one time.

ITEM 3. Amend rule 441—110.2(237A) as follows:

Amend the introductory paragraph as follows:

441—110.2(237A) Application for registration. A provider shall apply for registration on Form 470–3384, Application for Child Development Home Registration, provided by the department’s local office or, if available, on the department’s Web site. The provider shall also use Form 470–3384 to inform the department of any changes in circumstances that would affect the registration.

Rescind subrules 110.2(1), 110.2(2), and 110.2(3).

ITEM 4. Amend rule 441—110.3(237A) as follows:

441-110.3(237A) Renewal. Renewal of registration shall be completed yearly every 24 months. To request renewal, a provider shall submit Form 470–3384, Application for Child Development Home Registration, and copies of certificates of training, to be retained in the registration file. The renewal process shall include completion of child abuse, sex offender, and criminal record checks.

ITEM 5. Rescind rule 441—110.4(237A) and adopt the following new rule in lieu thereof:

441—110.4(237A) Number of children. The number of children shall conform to the following standards:

110.4(1) Limit. Except as provided in subrule 110.4(3), no greater number of children shall be received for care at any one time than the number authorized on the registration certificate.

110.4(2) Children counted. In determining the number of children cared for at any one time in a child development home, each child present in the child development home shall be considered to be receiving care unless the child is described by one of the following exceptions:

a. The child’s parent, guardian, or custodian established or operates the child development home and either the child is attending school or the child receives child care full–time on a regular basis from another person.

b. The child has been present in the child development home for more than 72 consecutive hours and meets the requirements of the exception in paragraph “a” as though the person who established or operates the child development home is the child’s parent, guardian, or custodian.

110.4(3) Exception for emergency school closing. On days when schools are closed due to emergencies such as inclement weather or physical plant failure, a child development home may have additional children present in accordance with the authorization for the registration category of the home and subject to all of the following conditions:

a. The child development home has prior written approval from the parent or guardian of each child present in the home concerning the presence of additional children in the home.

b. The child development home has a department–approved assistant, aged 14 or older, on duty to assist the care provider, as required for the registration category of the home.

c. One or more of the following conditions are applicable to each of the additional children present in the child development home:

(1) The home provides care to the child on a regular basis for periods of less than two hours.

(2) If the child were not present in the child development home, the child would be unattended.

(3) The home regularly provides care to a sibling of the child.

d. The provider shall maintain a written record including the date of the emergency school closing, the reason for the closing, and the number of children in care on that date.

ITEM 6. Amend rule 441—110.5(237A) as follows:

Amend the introductory paragraph as follows:

441—110.5(237A) Standards. The provider shall certify that the child care development home meets the following conditions: standards and also the standards in either rule 110.8(237A), 110.9(237A), or 110.10(237A), specific to the category of home for which the provider requests registration.

Amend subrule 110.5(1) as follows:

110.5(1) Health and safety. Conditions in the home are shall be safe, sanitary, and free of hazards. This shall include at a minimum:

a. A The home shall have a non–pay, working telephone with emergency numbers posted for police, fire, ambulance, and the poison information center. A cell phone shall not be used as the primary phone. The number for each child’s parent, for a responsible person who can be reached when the parent cannot, and for the child’s physician shall be readily accessible by the telephone.

b. All medicines and poisonous, toxic, or otherwise unsafe materials shall be secured from access by a child.

c. First–aid supplies which include, but are not limited to, adhesive bandages, antiseptic cleansing materials, tweezers, and disposable plastic gloves. A first–aid kit shall be available and easily accessible whenever children are in the child development home, in the outdoor play area, in vehicles used to transport children, and on field trips. The kit shall be sufficient to address first aid related to minor injury or trauma and shall be stored in an area inaccessible to children.

d. Medications shall be given only with the parent’s or doctor’s written authorization. Each prescribed medication shall be accompanied by a physician’s or pharmacist’s direction. Both nonprescription and prescription medications shall be in the original container with directions intact and labeled with the child’s name. All medications shall be stored properly and, when refrigeration is required, shall be stored in a separate, covered container so as to prevent contamination of food or other medications. All medications shall be stored so they are inaccessible to children.

e. Electrical wiring shall be maintained with all accessible electrical outlets safely capped and electrical cords properly used. Improper use would include includes running cords under rugs, over hooks, through door openings, or other use that has been known to be hazardous.

f. Combustible materials are shall be kept away from furnaces, stoves, or water heaters, and gas dryers.

g. Safety barriers at stairways for children not attending kindergarten or a higher grade level and for special needs children. Approved safety gates at stairways and doors shall be provided and used as needed.

h. A safe outdoor play area shall be maintained in good condition throughout the year,. The play area shall be fenced off when located on a busy thoroughfare or near a hazard which may be injurious to a child, and with shall have both sunshine and shade areas. The play area shall be kept free from litter, rubbish, and flammable materials and shall be free from contamination by drainage or ponding of sewage, household waste, or storm water.

i. Annual laboratory analysis of a private water supply shall be conducted to show satisfactory bacteriological quality. When children under the age of two are to be cared for, the analysis shall include a nitrate analysis. When private water supplies are determined unsuitable for drinking, commercially bottled water or water treated through a process approved by the health department or designee shall be provided.

j. Emergency plans in case of fire or tornado man–made or natural disaster shall be written and posted by the primary and secondary exits. The plans shall include a diagram with the exits and an outside meeting place noted clearly map building evacuation routes and tornado and flood shelter areas.

k. Fire and tornado drills shall be practiced monthly and the provider shall keep documentation evidencing compliance with monthly practice kept on file by the provider.

l. In order to prevent burns, a A safety barrier shall surround any heating stove or heating element, in order to prevent burns.

Rescind subrule 110.5(2) and adopt the following new subrule in lieu thereof:

110.5(2) Provider files. A provider file shall be maintained and shall contain the following:

a. A physician’s signed statement that the provider and members of the provider’s household are free of diseases or disabilities that would prevent good child care. This statement shall:

(1) Be obtained at the time of the first registration and at least every two years thereafter on all members of the provider’s household that may be present when children are in the home.

(2) Include immunization or immune status for measles, mumps, rubella, diphtheria, tetanus, and polio. Providers may consult with their physician regarding recommendations for varicella, influenza, pneumonia, hepatitis A, and hepatitis B immunizations.

b. Certificates or other documentation verifying the following required training:

(1) The provider shall receive two hours of approved child abuse and neglect mandatory reporter training during the first three months of registration as a child development home and every five years thereafter.

(2) The provider shall maintain a valid certificate indicating the date of first–aid training and expiration date. The provider shall obtain first–aid training within the first three months of registration as a child development home. This training shall be provided by a nationally recognized training organization, such as the American Red Cross, the American Heart Association, the National Safety Council, or Emergency Medical Planning (Medic First Aid) or an equivalent trainer and curriculum approved by the department.

Effective January 1, 2004, the provider shall receive certification in infant and child first aid that includes management of a blocked airway and mouth–to–mouth resuscitation. Until January 1, 2004, a provider who is unable to obtain first–aid training that includes management of a blocked airway and mouth–to–mouth resuscitation shall also obtain certification in cardiopulmonary resuscitation.

(3) During the first year of registration, the provider shall receive a minimum of 12 hours of training. Two hours of the training must be in the area of health and safety.

(4) During the second year of registration and each succeeding year as a child development home, the provider shall receive a minimum of 12 hours of training chosen from the following categories:

1. Health, safety, and nutrition.

2. Child growth and development.

3. Child observation and assessment.

4. Interactions with children.

5. Learning experiences and environment.

6. Families and communities.

7. Program management.

8. Professional development.

The provider shall receive at least six of the hours of training in a sponsored group setting. The provider may receive the remaining hours in self–study using a training package approved by the department.

(5) A provider who submits documentation from a child care resource and referral agency that the provider has completed the ChildNet training series may use those hours to fulfill a maximum of two years’ training requirements, not including first–aid and mandatory reporter training.

c. An individual file for each staff assistant that contains:

(1) A completed Form 595–1396, DHS Criminal History Record Check.

(2) A completed Form 470–0643, Request for Child Abuse Information.

(3) A physician’s signed statement that meets the requirements of paragraph 110.5(2)“a.”

(4) Certification of a minimum of two hours of approved training relating to the identification and reporting of child abuse completed within six months of employment and every five years thereafter, as required by Iowa Code section 232.69.

d. An individual file for each substitute that contains:

(1) A completed Form 595–1396, DHS Criminal History Record Check.

(2) A completed Form 470–0643, Request for Child Abuse Information.

(3) A physician’s signed statement that meets the requirements of paragraph 110.5(2)“a.”

(4) Certification of a minimum of two hours of approved training relating to the identification and reporting of child abuse completed within six months of employment and every five years thereafter, as required by Iowa Code section 232.69.

(5) Certification in first aid that meets the requirements of subparagraph 110.5(2)“b”(2).

Rescind subrule 110.5(5) and adopt the following new subrule in lieu thereof:

110.5(5) Parental access. Parents shall be afforded unlimited access to their children and to the people caring for their children during the normal hours of operation or whenever their children are in the care of the child development home, unless parental contact is prohibited by court order.

Amend subrule 110.5(7) as follows:

110.5(7) Meals. Regular meals and midmorning andmidafternoon snacks shall be provided which are well–balanced, nourishing, and in appropriate amounts as defined by the USDA Child and Adult Care Food Program. Children may bring food to the child care development home for their own consumption, but shall not be required to provide their own food.

Amend subrule 110.5(8) as follows:

Amend paragraphs “d,” “e,” and “g” as follows:

d. For each pre–school–age child, on the first day of attendance, an An admission physical examination report signed by a licensed physician or designee in a clinic supervised by a licensed physician.

(1) The date of the physical examination shall not be more than 12 months prior to before the child’s first day of attendance at the child care development home.

(2) The written report shall include past health history, status of present health, allergies and restrictive conditions, and recommendations for continued care when necessary.

e. A statement of health condition signed by a physician or designee shall be thereafter submitted annually from the date of the admission physical. For a child who is five years of age or older and enrolled in school, a statement of health status signed by the parent or legal guardian may be substituted for the physician statement.

g. A signed and dated immunization card certificate provided by the state department of public health shall be on file for each child enrolled. For the school–age child, a copy of the most recent immunization record shall be acceptable.

Amend paragraph “i,” introductory paragraph, as follows:

i. Written permission from the parent for their the child to attend activities away from the child care development home. The permission shall include:

Adopt the following new paragraph:

j. Injury report forms documenting injuries requiring first aid or medical care.

Rescind subrule 110.5(9) and adopt the following new subrule in lieu thereof:

110.5(9) Provider. The provider shall meet the following requirements:

a. Give careful supervision at all times.

b. Exchange information with the parent of each child frequently to enhance the quality of care.

c. Give consistent, dependable care and be capable of handling emergencies.

d. Be present at all times except when emergencies occur or an absence is planned, at which time care shall be provided by a department–approved substitute. When an absence is planned, the provider shall give parents at least 24 hours’ prior notice.

Rescind subrule 110.5(10) and adopt the following new subrule in lieu thereof:

110.5(10) Substitutes. The provider shall assume responsibility for providing adequate and appropriate supervision at all times when children are in attendance. Any designated substitute shall have the same responsibility for providing adequate and appropriate supervision. Ultimate responsibility for supervision shall be with the provider.

a. All standards in this chapter regarding supervision and care of children shall apply to substitutes.

b. Except in emergency situations, the provider shall inform parents in advance of the planned use of a substitute.

c. The substitute must be 18 years of age or older.

d. Use of a substitute shall be limited to:

(1) No more than 25 hours per month.

(2) An additional period of up to two weeks in a 12–month period.

e. The provider shall maintain a written record of the number of hours substitute care is provided, including the date and the name of the substitute.

Rescind subrules 110.5(11), 110.5(12), and 110.5(13).

ITEM 7. Rescind rule 441—110.6(237A) and adopt the following new rule in lieu thereof:

441—110.6(237A) Compliance checks. During a calendar year, the department shall check 20 percent or more of all child development homes in each county for compliance with registration requirements. Completed evaluation checklists shall be placed in the registration files.

ITEM 8. Amend rule 441—110.7(234) as follows:

Amend the introductory paragraph as follows:

441—110.7(234) Denials and revocations Registration decision. The department shall issue Form 470–3498, Certificate of Registration, when an applicant meets all requirements for registration. Each local office of the department shall maintain a current list of registered child development homes as a referral service to the community.

Amend subrule 110.7(1) as follows:

110.7(1) Registration shall be denied or revoked if the department finds a hazard to the safety and well–being of a child is found by the department of human services and the provider cannot correct or refuses to correct the hazards hazard, even though the hazard may not have been specifically listed under the health and safety rules. Registration may also be denied or revoked if the department determines that the provider has failed to comply with standards imposed by law and these rules.

Amend subrule 110.7(3) as follows:

Amend the introductory paragraph as follows:

110.7(3) Record checks. The department shall submitrecord checks for each registrant, substitute, and staff member, and for anyone living in the home who is 14 years of age or older, and anyone having access to a child when the child is alone. The purpose of these record checks is to determine whether they have the person has any founded child abuse reports or criminal convictions, or have has been placed on the sex offender registry. The department shall use Form 470–0643, Request for Child Abuse Information, and Form 595–1396, DHS Criminal History Record Check, Form B, for this purpose.

Amend paragraph “a” as follows:

a. If there is a person who has been checked has a record of founded child abuse, a criminal conviction, or placement on the sex offender registry for the registrant, a staff member, or anyone living in the home, the department shall deny or revoke the registration, unless an evaluation of the abuse or crime determines that the abuse or criminal conviction does not warrant prohibition of registration.

(1) In an evaluation, the department shall consider:

1. the The nature and seriousness of the abuse or crime,

2. the The time elapsed since the commission of the abuse or crime,

3. the The circumstances under which the crime or abuse was committed,

4. the The degree of rehabilitation,

5. the The likelihood that the person will commit the abuse or crime again, and

6. the The number of crimes or abuses committed by the person.

(2) The person with the criminal conviction or founded child abuse report shall complete and return Form 470–2310, Record Check Evaluation, within ten calendar days of the date on the form to be used to assist in the evaluation. Failure of the person to complete and return the form within thespecified time frame ten calendar days of the date on the form shall result in denial or revocation of the registration certificate.

Amend paragraph “c” as follows:

c. The evaluation and decision shall be made by the regional administrator service area manager or designee. Within 30 days of receipt of the completed Form 470–2310, the regional administrator service area manager or designee shall mail to the individual on whom the evaluation was completed and to the registrant for an employee of the registrant Form 470–2386, Record Check Decision, that explains the decision reached regarding the evaluation of an abuse or a crime. The regional administrator service area manageror designee shall also issue Form 470–2386 when an applicant fails to complete the evaluation form within the ten–calendar–day time frame.

Amend subrule 110.7(4) as follows:

110.7(4) Letter of revocation. A letter received by an owner or operator of a registered child care development home initiating action to deny or revoke the child care home’s registration shall be conspicuously posted where it can be read by parents or any member of the public. The letter shall remain posted until resolution of the action to deny or revoke an owner’s or operator’s certificate of registration.

Amend subrule 110.7(5) as follows:

110.7(5) If the department has denied or revoked a registration because the provider has continually or repeatedly failed to operate a registered child care home in compliance with Iowa Code chapter 237A and 441-Chapter 110, the person shall not own or operate a registered facility for a period of six 12 months from the date the registration is denied or revoked of denial or revocation. The department shall not act on an application for registration submitted by the applicant or provider during the six 12–month period.

ITEM 9. Rescind rules 441—110.8(237A) to 441— 110.11(237A) and adopt the following new rules in lieu thereof:

441—110.8(237A) Additional requirements for child development home category A. In addition to the requirements in rule 441—110.5(237A), a provider requesting registration in child development home category A shall meet the following standards:

110.8(1) Limits on number of children in care.

a. No more than six children not attending kindergarten or a higher grade level shall be present at any one time.

b. Of these six children, not more than four children who are 24 months of age or younger shall be present at any one time. Of these four children, no more than three may be 18 months of age or younger.

c. In addition to the six children not in school, no more than two children who attend school may be present for a period of less than two hours at a time.

d. No more than eight children shall be present at any one time when an emergency school closing is in effect.

110.8(2) Provider qualifications.

a. The provider shall be at least 18 years old.

b. The provider shall have three written references which attest to character and ability to provide child care.

441—110.9(237A) Additional requirements for child development home category B. In addition to the requirements in rule 441—110.5(237A), a provider requesting registration in child development home category B shall meet the following standards:

110.9(1) Limits on number of children in care.

a. No more than six children not attending kindergarten or a higher grade level shall be present at any one time.

b. Of these six children, not more than four children who are 24 months of age or younger shall be present at any one time. Of these four children, no more than three may be 18 months of age or younger.

c. In addition to the six children not in school, no more than four children who attend school may be present.

d. In addition to these ten children, no more than two children who are receiving care on a part–time basis may be present.

e. No more than 12 children shall be present at any one time when an emergency school closing is in effect.

f. If more than eight children are present at any one time for a period of more than two hours, the provider shall be assisted by a department–approved assistant who is at least 14 years old.

110.9(2) Provider qualifications.

a. The provider shall be at least 20 years old.

b. The provider shall have a high school diploma or GED.

c. The provider shall either:

(1) Have two years of experience as a registered or non–registered child care provider, or

(2) Have a child development associate credential or any two–year or four–year degree in a child–care–related field and one year of experience as a registered or nonregistered child care home provider.

110.9(3) Facility requirements.

a. The home shall have a minimum of 35 square feet of child–use floor space for each child in care indoors, and a minimum of 50 square feet per child in care outdoors.

b. The home shall have a separate quiet area for sick children.

c. The home shall have a minimum of two direct exits to the outside from the main floor.

(1) If the second level or the basement of the home is used for the provision of child care, other than the use of a restroom, each additional child–occupied floor shall have at least one direct exit to the outside in addition to one inside stairway.

(2) All exits shall terminate at grade level with permanent steps.

(3) A basement window may be used as an exit if the window can be opened from the inside without the use of tools and it provides a clear opening of not less than 20 inches in width, 24 inches in height, and 5.7 square feet in area. The bottom of the opening shall be not more than 44 inches above the floor, with permanent steps inside leading up to the window.

(4) Occupancy above the second floor shall not be permitted for child care.

441—110.10(237A) Additional requirements for child development home category C. In addition to the requirements in rule 441—110.5(237A), a provider requesting registration in child development home category C shall meet the following standards:

110.10(1) Limits on number of children in care.

a. No more than 12 children not attending kindergarten or a higher grade level shall be present at any one time.

b. Of these 12 children, not more than 4 children who are 24 months of age or younger shall be present at any one time. Whenever 4 children who are under the age of 18 months are in care, both providers shall be present.

c. In addition to the 12 children not in school, no more than 2 children who attend school may be present for a period of less than two hours at any one time.

d. In addition to these 14 children, no more than 2 children who are receiving care on a part–time basis may be present.

e. No more than 16 children shall be present at any one time when an emergency school closing is in effect. If more than 8 children are present at any one time due to an emergency school closing exception, the provider shall be assisted by a department–approved assistant who is at least 18 years of age.

f. If more than eight children are present, both providers shall be present. Each provider shall meet the provider qualifications for child development home category C.

110.10(2) Provider qualifications.

a. The provider shall be at least 21 years old.

b. The provider shall have a high school diploma or GED.

c. The provider shall either:

(1) Have five years of experience as a registered or non–registered child care provider, or

(2) Have a child development associate credential or any two–year or four–year degree in a child–care–related field and four years of experience as a registered or nonregistered child care home provider.

110.10(3) Facility requirements.

a. The home shall have a minimum of 35 square feet of child–use floor space for each child in care indoors, and a minimum of 50 square feet per child in care outdoors.

b. The home shall have a separate quiet area for sick children.

c. The home shall have a minimum of two direct exits to the outside from the main floor.

(1) If the second level or the basement of the home is used for the provision of child care, other than the use of a restroom, each additional child–occupied floor shall have at least one direct exit to the outside in addition to one inside stairway.

(2) All exits shall terminate at grade level with permanent steps.

(3) A basement window may be used as an exit if the window can be opened from the inside without the use of tools and it provides a clear opening of not less than 20 inches in width, 24 inches in height, and 5.7 square feet in area. The bottom of the opening shall be not more than 44 inches above the floor, with permanent steps inside leading up to the window.

(4) Occupancy above the second floor shall not be permitted for child care.

441—110.11(237A) Complaints. The department shall conduct an on–site visit when a complaint is received.

110.11(1) After each complaint visit, the department shall document whether the child development home was in compliance with registration requirements.

110.11(2) The written documentation of the department’s conclusion as to whether the child development home was in compliance with requirements shall be available to the public. However, the identity of all complainants shall be confidential, unless expressly waived by the complainant.

ITEM 10. Amend rule 441—110.12(237A), introductory paragraph, as follows:

441—110.12(237A) Registration actions for nonpayment of child support. The department shall revoke or deny the issuance or renewal of a child care development home registration for a group child care home or group child care home–joint registration provider upon the receipt of a certificate of noncompliance from the child support recovery unit of the department according to the procedures in Iowa Code chapter 252J. In addition to the procedures set forth in Iowa Code chapter 252J, the rules in this chapter shall apply.

ITEM 11. Adopt the following new rule:

441—110.13(237A) Transition exception. The following transition exceptions shall apply to providers renewing a valid previously issued child care home registration on or after December 1, 2002:

110.13(1) If the provider is providing child care to four infants at the time of renewal, the provider may continue to provide child care to those four infants. However, when the provider no longer provides child care to one or more of the four infants, or one or more of the four infants reaches the age of 24 months, this exception shall no longer apply. This exception does not affect the overall limit on the number of children in care under the child development home category within which the provider is registered.

110.13(2) If the provider is providing child care to school–age children in excess of the number allowable for the provider’s registration category at the time of renewal, the provider may continue to provide care to those children and may exceed the total number of children authorized for that category by the excess number of school–age children. This exception is subject to the following conditions:

a. The maximum number of children attributable to this exception is five.

b. The provider must comply with the other requirements limiting the number of children under that registration category.

c. If more than eight children are present at any one time for more than two hours, the provider shall be assisted by a department–approved assistant who is at least 14 years of age.

d. When the provider no longer provides child care to one or more of the school–age children who was receiving child care at the time of registration, the excess number of children allowed under this exception shall be reduced accordingly.

ITEM 12. Rescind 441—Chapter 110, Division II.

[Filed Emergency After Notice 10/10/02, effective 12/1/02]

[Published 10/30/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/30/02.

Pursuant to the authority of Iowa Code sections 147.76 and 272C.3, the Board of Medical Examiners hereby amends Chapter 8, “Fees,” and Chapter 9, “Permanent Physician Licensure,” Iowa Administrative Code.

The Board adopted the amendments to Chapter 8 and Chapter 9 during a meeting held by telephone conference call on October 2, 2002.

The amendments reduce the fee charged for on–line renewal of a permanent medical license. The amendments went into effect when filed on October 9, 2002.

The amendments differ from the Notice published in the August 21, 2002, Iowa Administrative Bulletin as ARC 1910B by also amending Chapter 9 in the same manner. The amendment to 9.11(3)“a” was inadvertently overlooked in the Notice.

Pursuant to Iowa Code section 17A.5(2)“b”(2), the Medical Examiners Board finds that the normal effective date of these amendments should be waived because the amendments confer an immediate benefit on licensees by reducing an established renewal fee for those who renew a permanent license on line.

These amendments became effective October 9, 2002.

These amendments are intended to implement Iowa Code section 147.80.

The following amendments are adopted.

ITEM 1. Amend subrule 8.4(1), paragraph “c,” as follows:

c. Renewal of an active license to practice, $325 if renewal is made via paper application or $300 if renewal is made via on–line application, per biennial period or a prorated portion thereof if the current license was issued for a period of less than 24 months.

ITEM 2. Amend subrule 9.11(3), paragraph “a,” as follows:

a. The renewal fee is $325 if the renewal is made via paper application or $300 if the renewal is made via on–line application.

[Filed Emergency After Notice 10/9/02, effective 10/9/02]

[Published 10/30/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/30/02.

Pursuant to the authority of Iowa Code section 97B.15, the Department of Personnel hereby amends Chapter 21, “Iowa Public Employees’ Retirement System,” Iowa Administrative Code.

The introductory paragraph of rule 581—21.1(97B) is amended to establish IPERS as a separate and distinct division within the Department.

Subrule 21.1(1) is amended to implement new definitions pursuant to 2001 Iowa Acts, chapter 68, section 7.

Subrule 21.1(2) is amended to establish the Chief Executive Officer as the division administrator pursuant to 2001 Iowa Acts, chapter 68, section 8.

Subrule 21.1(3) and paragraph 21.1(5)“d” are amended to clean up outdated references to IPERS’ change of address.

Paragraphs 21.1(5)“a,” “g” and “h” are amended to establish July 1, 2002, as the beginning date for IPERS’ Investment Board as the trustee of the retirement fund, to change the number of voting members necessary for a quorum of the Board and to allow the IPERS’ Chief Executive Officer to accept Board recommendations for hiring the Chief Investment Officer pursuant to 2001 Iowa Acts, chapter 68, sections 9, 12 and 24.

Subparagraph 21.1(6)“b”(7) is amended to incorporate a new cross reference pursuant to 2001 Iowa Acts, chapter 68, section 11.

Paragraph 21.9(1)“c” is amended to coordinate clarifying language concerning regular disability appeals and special service disability appeals described in subrule 21.31(10).

Subrule 21.23(2) is amended pursuant to 2002 Iowa Acts, House File 2532, section 13, concerning the availability of records of IPERS members.

Subrule 21.31(10) is amended to include a list of the information to be provided to IPERS regarding appeals to IPERS’ initial disability determination.

In compliance with Iowa Code section 17A.4(2), IPERS finds that, because these amendments are beneficial to members and necessary to the current and ongoing administration of the System, notice and public participation prior to implementation of these amendments are impracticable, unnecessary, and contrary to the public interest and that these amendments should be implemented immediately.

IPERS also finds, pursuant to Iowa Code section 17A.5(2)“b”(2), that the normal effective date of these amendments should be waived and these amendments should be made effective upon filing with the Administrative Rules Coordinator on October 10, 2002, because the amendments confer benefits and are required to implement the System’s governing statutes.

To give interested persons adequate notice of the changes and an opportunity to respond, a Notice of Intended Action regarding these amendments is also published herein as ARC 2082B.

None of these amendments will be subject to requests for waivers. The introductory paragraph of rule 581— 21.1(97B), subrules 21.1(1), 21.1(2), and 21.1(3), paragraphs 21.1(5)“a,” “d,” “g” and “h,” subparagraph 21.1(6)“b”(7), paragraph 21.9(1)“c,” and subrules 21.23(2) and 21.31(10) confer benefits, prevent abuse, or are required by statute.

IPERS adopted these amendments on October 10, 2002.

These amendments are intended to implement Iowa Code chapter 97B as amended by 2001 Iowa Acts, chapter 68, and 2002 Iowa Acts, House File 2532.

These amendments became effective October 10, 2002.

The following amendments are adopted.

ITEM 1. Amend rule 581—21.1(97B), introductory paragraph, as follows:

581—21.1(97B) Organization. The Iowa public employ–ees’ retirement system was division, a separate and distinct division within the department of personnel, shall administer the system created by Iowa Code chapter 97B.

ITEM 2. Amend subrule 21.1(1) as follows:

21.1(1) Definitions. Unless otherwise prescribed by federal or state regulations, the terms used in this chapter shall have the following meanings:

“Board” means the investment board of IPERS established in Iowa Code section 97B.8 2001 Iowa Acts, chapter 68, section 12.

“Chief benefits officer” means the person employed by the director of the department of personnel to administer the benefits programs of and other member services provided under the retirement system. After July 1, 2002, IPERS’ chief executive officer, following consultation with the committee, will employ the person to fill this position when the position becomes vacant.

“Chief investment officer” means the person employed by the director of the department of personnel to administer the investment program of the retirement system. After July 1, 2002, IPERS’ chief executive officer, following consultation with the board, will employ the person to fill this position when the position becomes vacant.

“Department Division” means the Iowa department of personnel public employees’ retirement system division(IPERS), a separate and distinct division within the department of personnel, which is responsible for the administration of the system.

“Internal Revenue Code” means the Internal Revenue Code as defined in Iowa Code section 422.3.

“IPERS” means the Iowa public employees’ retirement system.

ITEM 3. Amend subrule 21.1(2) as follows:

21.1(2) Administration. The director chief executive officer, through the chief investment officer and the chief benefits officer, shall administer Iowa Code chapters 97, 97B, and 97C, . The chief executive officer shall execute contracts on behalf of IPERS, and shall, after consultation with the board and other staff, establish and administer the budget as provided in 2001 Iowa Acts, chapter 68, section 9(2)“c.” The chief executive officer may make expenditures, reports, and investigations as necessary to carry out the powers and duties created in Iowa Code chapter 97B, and may obtain as necessary the specialized services of individuals or organizations on a contract–for–services basis. The chief executive officer shall be the division’s statutory designee with respect to rule–making power.

ITEM 4. Amend subrule 21.1(3) as follows:

21.1(3) Location. Beginning August 28, 2000, IPERS’ business location is 7401 Register Drive, Des Moines, Iowa. General correspondence, inquiries, requests for information or assistance, complaints, or petitions shall be addressed to: Iowa Public Employees’ Retirement System, P.O. Box 9117, Des Moines, Iowa 50306–9117.

ITEM 5. Amend subrule 21.1(5) as follows:

21.1(5) Investment board.

a b. The board shall meet annually, and may meet more often, to review its investment policies. Future meeting dates shall be set by members of the board at the end prior to adjournment of each meeting.

b c. At the first meeting in each fiscal year, the voting members shall elect a chair and vice–chair.

c d. Beginning August 28, 2000, the The principal place of business of the investment board is 7401 Register Drive, Des Moines, Iowa.

d e. Advance notice of time, date, tentative agenda, and place of each meeting shall be given in compliance with Iowa Code chapter 21.

e f. Parties wishing to present items for the board’s agenda for its next meeting shall file a written request with IPERS at least five workdays prior to the meeting. The board may take up matters not included on its agenda.

f g. Quorum. Five Four members eligible to vote shall constitute a quorum. A simple majority vote of the full voting membership shall be the vote of the board.

g h. In the event that it should become necessary to fill the chief investment officer position, the board may consult with, and make hiring recommendations to, the director chief executive officer consistent with provisions in Iowa Code sections 19A.2A and 19A.9(3).

ITEM 6. Amend subparagraph 21.1(6)“b”(7) as follows:

(7) Costs of any additional external legal, accounting or professional services authorized by the chief investment officer for the purpose of carrying out the requirements of Iowa Code section 97B.7 2001 Iowa Acts, chapter 68, sections 10 and 11; and

ITEM 7. Amend paragraph 21.9(1)“c” as follows:

c. Appeals of disability claims under Iowa Code section 97B.50A shall be filed and processed as provided under rule 581—21.31(97B) and, upon exhaustion of that appeal proc–ess, shall revert to the procedures set forth in the remaining subrules hereunder.

ITEM 8. Amend subrule 21.23(2) as follows:

21.23(2) Summary information concerning the demographics of the IPERS membership and general statistical information concerning the system and its activities is are made available in accordance with Iowa Code Supplement section 97B.17 as amended by 2002 Iowa Acts, House File 2532, section 13.

ITEM 9. Amend subrule 21.31(10) as follows:

21.31(10) Appeal rights. The member or the employer, or both, may appeal IPERS’ initial disability determination. Such appeals must be in writing and submitted to IPERS’ chief benefits officer within Within 30 days after the date of the system’s initial notification letter of IPERS’ initial disability determination was mailed, the member shall submit to IPERS’ chief benefits officer a notice of appeal in writing setting forth:

The system shall conduct an internal review of the initial disability determination, and the chief benefits officer shall notify the party who filed the appeal in writing of IPERS’ final disability determination with respect to the appeal. The chief benefits officer may appoint a review committee to make nonbinding recommendations on such appeals. The disability retirement benefits officer, if named to the review committee, shall not vote on any such recommendations, nor shall any members of IPERS’ legal staff participate in any capacity other than a nonvoting capacity. Further appeals shall follow the procedures set forth in rule 581—21.9(97B).

[Filed Emergency 10/10/02, effective 10/10/02]

[Published 10/30/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/30/02.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services amends Chapter 75, “Conditions of Eligibility,” Iowa Administrative Code.

These amendments eliminate limited Medicaid eligibility for two groups called “expanded specified low–income Medicare beneficiaries,” and “home–health specified low–income Medicare beneficiaries.”

Medicare Supplemental Medical Insurance, referred to as “Part B,” helps pay for outpatient services, such as physician, ambulance, and laboratory services, and medical equipment and supplies. Medicaid coverage under the “expanded” group is limited to payment of Medicare Part B premiums only (currently $54 per month). About 1400 people are currently eligible in this group. Medicaid coverage under the “home–health” group is limited to annual reimbursement of the “home–health” portion of the Medicare Part B premium only (currently $3.91 per month). About 650 people are currently eligible in this group.

Federal legislation established these two 100 percent federally funded coverage groups for a five–year period, which expires on December 31, 2002. Benefits under these programs will end on December 31 unless the programs are renewed through congressional action. To date, no legislation has been introduced on this issue.

These amendments do not provide for waivers in specified situations because the Department has no funding to cover the expenses of this coverage once the federal participation ends.

Notice of Intended Action concerning these amendments was published in the Iowa Administrative Bulletin on August 21, 2002, as ARC 1880B. The Department received no comments on this Notice.

The Council on Human Services adopted these amendments on October 9, 2002. These amendments are identical to those published in the Notice of Intended Action.

These amendments shall become effective on January 1, 2003.

These amendments are intended to implement Iowa Code section 249A.4.

The following amendments are adopted.

ITEM 1. Rescind and reserve subrule 75.1(36).

ITEM 2. Rescind and reserve subrule 75.1(37).

[Filed 10/10/02, effective 1/1/03]

[Published 10/30/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/30/02.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services amends Chapter 83, “Medicaid Waiver Services,” Iowa Administrative Code.

These amendments:

• Extend from two days to five days the time that a county office has to request a “payment slot” for the home– and community–based services ill and handicapped or mental retardation waiver.

• Remove the 180–day limit for a consumer to arrange services under these waivers.

• Update terminology due to restructuring of federal and state agencies.

Currently, if services under these two waivers are not initiated within 180 days of the assignment of a payment slot, the Department’s rules specify that the slot must revert to the next person on the waiting list, and the applicant must reapply. In practice, many applicants in this situation are close to realizing their service arrangements. The Department has been granting exceptions to policy to allow these applicants to receive waiver services beginning more than 180 days after the slot is assigned.

Under these amendments, the 180–day limit for initiating services is removed. When a payment slot is assigned to a person from a waiting list, the person has 30 days to file a new application. Consumers may keep their assigned payment slots as long as they have filed an application and are making reasonable efforts to arrange services.

These amendments do not provide for waivers in specified situations because it is to an applicant’s advantage to have more time to arrange services when necessary.

Notice of Intended Action concerning these amendments was published in the Iowa Administrative Bulletin on August 21, 2002, as ARC 1881B. The Department received one comment on this Notice. The commenter was concerned about the difficulty consumers faced in locating appropriate and available services without the assistance of a case manager.

The Council on Human Services adopted these amendments on October 9, 2002. These amendments are identical to those published in the Notice of Intended Action.

These amendments shall become effective on January 1, 2003.

These amendments are intended to implement Iowa Code section 249A.4.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [amendments to Ch 83] is being omitted. These amendments are identical to those published under Notice as ARC 1881B, IAB 8/21/02.

[Filed 10/10/02, effective 1/1/03]
[Published 10/30/02]

[For replacement pages for IAC, see IAC Supplement 10/30/02.]

Pursuant to the authority of Iowa Code section 237.3, the Department of Human Services amends Chapter 113, “Licensing and Regulation of Foster Family Homes,” Iowa Administrative Code.

These amendments update the requirements for authorizing a variance to allow a foster family home to care for more children than permitted by its normal licensed capacity. Due to departmental restructuring, variances are now authorized by the service area manager or designee, instead of the regional administrator. Service areas are required to keep rec–ords of the circumstances of any variances granted.

In addition to the existing variance criteria for sibling groups, large families, and emergency placements, these amendments give the service area manager the authority to authorize a variance to any foster family home to allow the placement of a specific child. Currently, such placements require an exception to policy from the director. Allowing the service areas to issue child–specific variances will allow more timely placements and reduce the need for exception requests under rule 441—1.8(217).

Notice of Intended Action concerning these amendments was published in the Iowa Administrative Bulletin on July 24, 2002, as ARC 1833B. The Department received no comments on this Notice.

The Council on Human Services adopted these amendments on October 9, 2002. These amendments are identical to those published under Notice of Intended Action.

These amendments are intended to implement Iowa Code section 237.3.

These amendments shall become effective January 1, 2003.

The following amendments are adopted.

ITEM 1. Amend subrule 113.4(1), paragraph “a,” as follows:

a. Be approved by the regional administrator service area manager or designee.

ITEM 2. Amend subrule 113.4(1), paragraph “c,” subparagraph (2), as follows:

(2) When the The foster parents have three or more biological and adoptive children and relative placements in the home and the parents have shown the ability to parent a large number of children,. a regional A variance may be approved to allow the placement of up to three foster children as set forth in the chart below:

ITEM 3. Amend subrule 113.4(1), paragraph “c,” subparagraph (3), as follows:

(3) An emergency placement must be made in a foster family home that causes the home to exceed its licensed capacity. These emergency placements shall be made according to a preapproved regional service area plan as outlined below and are limited to a maximum of 30 days.

Prior to Before the start of each fiscal year, each region service area shall submit to the central office for approval a plan for when an emergency occurs which necessitates the placement of a child in a foster family home that would exceed the licensing capacity. The regional plan shall define emergencies and identify a specific pool of preapproved homes which shall provide for placement of up to three additional foster children above the number that is allowed by the variances in the chart in subparagraph (2).

ITEM 4. Amend subrule 113.4(1), paragraph “c,” by adopting the following new subparagraph (4):

(4) A variance beyond the maximum capacity of the foster home license is needed for the placement of a specific child. A child–specific variance shall end when that child

leaves the placement or any other change brings the family into licensed capacity.

[Filed 10/10/02, effective 1/1/03]

[Published 10/30/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/30/02.

Pursuant to the authority of Iowa Code sections 17A.3(1)“b,” 16.5(17) and 16.18(2), the Iowa Finance Authority hereby rescinds Chapter 3, “Iowa Homesteading Program,” and adopts a new Chapter 3, “Multifamily Preservation Loan Program,” Iowa Administrative Code.

This amendment replaces the current Chapter 3 with a new chapter concerning the multifamily preservation loan program. Consistent with Executive Order Number 8 issued by the Governor on September 14, 1999, the Authority has determined to rescind the current Chapter 3, as the homesteading program is not currently utilized and is not anticipated to be used in the future.

The new Chapter 3 governs the Authority’s multifamily preservation loan program. Through this new program, the Authority seeks to preserve the existing supply of affordable rental units at risk of being lost, either from physical deterioration, from current financial structure or from current owners opting out of affordable housing, for which reasonable financing through traditional lenders or other government financing is not readily available. The rules outline the application procedure, program guidelines, and other necessary requirements of this program. Copies of the general guidelines are available upon request from the Authority and are available electronically on the Authority’s Web site. The address for the Authority’s Web site is www.ifahome.com.

These rules do not contain a waiver provision, as the Authority does not intend to grant waivers under this program, other than as may be allowed pursuant to Chapter 18 of the Authority’s rules.

Notice of Intended Action was published in the August 7, 2002, Iowa Administrative Bulletin as ARC 1864B. No public comment was received on this amendment. The adopted amendment is identical to that published under Notice of Intended Action.

The Authority adopted this amendment on October 2, 2002.

This amendment will become effective on December 4, 2002.

These rules are intended to implement Iowa Code sections 16.5(17) and 16.18(2).

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 3] is being omitted. These rules are identical to those published under Notice as ARC 1864B, IAB 8/7/02.

[Filed 10/11/02, effective 12/4/02]
[Published 10/30/02]

[For replacement pages for IAC, see IAC Supplement 10/30/02.]

Pursuant to the authority of Iowa Code sections 17A.3(1)“b” and 16.5(17), the Iowa Finance Authority hereby amends Chapter 15, “Housing Assistance Fund (HAF),” Iowa Administrative Code.

The purpose of these amendments is to rescind provisions in Chapter 15 concerning affordable rental multifamily housing. In connection with the adoption of new rules in Chapter 3 concerning the Authority’s multifamily preservation loan program, published herein as ARC 2081B, the Authority has determined that subrule 15.8(2) is not necessary.

Notice of Intended Action was published in the August 7, 2002, Iowa Administrative Bulletin as ARC 1865B. No public comment was received on these amendments. The adopted amendments are identical to those published under Notice of Intended Action.

The Authority adopted these amendments on October 2, 2002.

These amendments will become effective on December 4, 2002.

These amendments are intended to implement Iowa Code section 16.5(17).

The following amendments are adopted.

ITEM 1. Amend rule 265—15.8(16), introductory paragraph, as follows:

265—15.8(16) HAF funds. There are four three separate categories of HAF funds: (1) homeownership; (2) affordable rental multifamily housing; (3) technical assistance/capacity building/public education/tenant programs; and (4) (3) transitional housing and supportive services. Each fund has different eligible uses and criteria and different eligible applicants. If HAF funds are used for rehabilitation under any of these categories, if applicable and based on the age of the structure, the property must comply with current lead–based paint stabilization requirements. The HAF funds are as follows:

ITEM 2. Rescind and reserve subrule 15.8(2).

[Filed 10/11/02, effective 12/4/02]

[Published 10/30/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/30/02.

Pursuant to the authority of Iowa Code sections 147.76, 148.7 and 272C.3, the Board of Medical Examiners hereby amends Chapter 10, “Resident, Special and TemporaryPhysician Licensure,” and Chapter 17, “Licensure of Acupuncturists,” Iowa Administrative Code.

Notice of Intended Action was published in the July 10, 2002, Iowa Administrative Bulletin as ARC 1798B.

The Board adopted the amendments to Chapters 10 and 17 during a regularly scheduled meeting held on September 18, 2002.

The amendment in Item 1 allows the Test of English as a Foreign Language (TOEFL) as an alternative to the Test of Spoken English (TSE) for testing English proficiency in international medical graduates seeking special licensure.

The amendment in Item 2 allows an acupuncturist applicant who took the licensure examination in a language other than English to prove English proficiency using the TOEFL as an alternative to the TSE.

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

These amendments will become effective December 4, 2002.

These amendments are intended to implement Iowa Code chapters 148 and 148E.

The following amendments are adopted.

ITEM 1. Amend subparagraph 10.4(3)“a”(4) as follows:

(4) Demonstrate proficiency in English by providing a valid ECFMG certificate or verification of a minimum score of 50 passing score on the TSE, the Test of Spoken English, or TOEFL, the Test of English as a Foreign Language, examinations administered by the Educational Testing Service. A passing score on TSE is a minimum of 50. A passing score on TOEFL is a minimum overall score of 550 on the paper–based TOEFL that was administered on a Friday or Saturday (formerly special or international administration), or a minimum overall score of 213 on the computer–administered TOEFL;

ITEM 2. Amend subparagraph 17.4(1)“c”(2) as follows:

(2) An applicant who passed NCCAOM written or practical examination components in a language other than English shall achieve a minimum score of 50 on pass the Test of Spoken English (TSE) or the Test of English as a Foreign Language (TOEFL) examinations administered by the Educational Testing Service. A passing score on TSE is a minimum of 50. A passing score on TOEFL is a minimum overall score of 550 on the paper–based TOEFL that was administered on a Friday or Saturday (formerly special or international administration), or a minimum overall score of 213 on the computer–administered TOEFL.

[Filed 10/10/02, effective 12/4/02]

[Published 10/30/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/30/02.

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby adopts amendments to Chapter 61, “State Parks and Recreation Areas,” Iowa Administrative Code.

These amendments accomplish the following:

1. Amend the length of time camping coupon books are valid.

2. Restrict the size of the area and the size of the tent that may be used as the small tent used by dependent children on a campsite.

3. Amend the location for after–hours fishing at Union Grove State Park.

Notice of Intended Action was published in the Iowa Administrative Bulletin on September 4, 2002, as ARC 1952B. A public hearing was held on September 24, 2002. No public comments were received. There are no changes from the Notice of Intended Action.

These amendments are intended to implement Iowa Code sections 461A.3, 461A.44, 461A.46, 461A.47, and 461A.57.

These amendments will become effective on December 4, 2002.

The following amendments are adopted.

ITEM 1. Amend subrule 61.3(1), paragraph “j,” as follows:

Camping tickets shall be valid for the calendar year in which the book is purchased and the calendar year immediately following one year from the month of purchase. Persons using valid camping tickets purchased prior to any fee increase will not be required to pay the difference due to that fee increase.

ITEM 2. Amend subrule 61.3(5), paragraph “b,” as follows:

b. Camping is restricted to one basic unit per site except that a small tent may be placed on a site with the basic unit so long as the persons occupying the tent are under 18 years of age and are dependent members of the immediate family occupying the basic unit. The area occupied by the small tent shall be no more than 8 feet by 10 feet in size and the tent shall hold no more than four people.

ITEM 3. Amend subrule 61.9(18), paragraph “b,” as follows:

b. The area of state park that parallels 220th Street BB Avenue, from the causeway on the north end of the lake southerly to a point approximately one–tenth of a mile southwest of the boat ramp.

[Filed 10/11/02, effective 12/4/02]

[Published 10/30/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/30/02.

Pursuant to the authority of Iowa Code section 422.68, the Department of Revenue and Finance hereby adopts amendments to Chapter 38, “Administration,” Chapter 40, “Determination of Net Income,” Chapter 41, “Determination of Taxable Income,” Chapter 42, “Adjustments to Computed Tax,” Chapter 52, “Filing Returns, Payment of Tax and Penalty and Interest,” and Chapter 58, “Filing Returns, Payment of Tax, Penalty and Interest, and Allocation of Tax Revenues,” Iowa Administrative Code.

Notice of Intended Action was published in IAB Vol. XXV, No. 5 (9/4/02) p. 336, ARC 1958B.

Item 1, which amends rule 38.13(422), provides that the Department may enter into a reciprocal tax agreement with another state if the agreement was approved by the legislature and the governor.

Item 2, which amends subrule 38.13(1), provides that when the Department has entered into a reciprocal tax agreement with another state, such as the reciprocal agreement with Illinois, the agreement cannot be terminated unless the termination is approved by the legislature and the governor.

Item 3, which amends rule 38.15(422), makes a correction to the federal code reference in the statute for innocent spouse.

Item 4, which amends rule 40.57(422), provides that installment sales by taxpayers using the accrual method of accounting that were not allowed on the Iowa income tax return when taken on the federal return for tax years beginning on or after January 1, 2000, and prior to January 1, 2002, are allowed on Iowa returns for tax years beginning on or after January 1, 2002. In addition, in cases in which taxpayers reported the total capital gains on Iowa returns for tax years for which installments were reported for federal tax purposes, the taxpayers will not be required to report later installments on the Iowa return in years in which installments are reported on the federal returns.

Item 5 adopts new rule 40.58(422), which provides that national guard members and military reserve members who were ordered to active state service or federal service or duty are not subject to Iowa income tax on distributions from qualified retirement plans of the members to the extent the distributions were taxable on the members’ federal income tax returns. In addition, the members are not subject to state penalties on the distributions even if the members were subject to federal penalties on the distributions.

Item 5 also adopts new rule 40.59(422), which exempts from Iowa income tax payments received by a beneficiary from an annuity purchased under an employee’s pension or retirement plan when the commuted value of the annuity payments has been included as part of a deceased employee’s estate for Iowa inheritance tax purposes.

Item 6 adopts new subrule 41.3(4), which provides that to the extent a federal income tax refund in the 2002 tax year is attributable to the federal rate reduction credit, the refund does not have to be included as part of an individual’s federal income tax refund.

Item 7 amends individual income tax subrule 42.2(11) to include federal revisions in the research activities credit which were made in 2001.

Item 8 amends subrule 42.15(3) regarding the property rehabilitation credit for individual taxpayers. This revision provides that qualified rehabilitation costs incurred in the tax year are added to the basis of the rehabilitated property less those qualified rehabilitation costs that are equal to the computed rehabilitation credit for the tax year. It should be noted that under the prior law, any qualified rehabilitation costs incurred in the year that were used to compute the property rehabilitation credit for the tax year could not be added to the basis of the rehabilitated property.

Items 9 and 10 are amendments to subrule 52.7(3) and subrule 52.7(5) regarding the research activities credit for corporations and the research activities credit for increasing research activities in a quality job enterprise zone. The amendments show that these research activity credits are to be computed with the changes in the federal research activities credit that occurred in the 2001 calendar year.

Items 11 and 12 are amendments to the implementation clauses for rules 52.10(15) and 52.14(422) relating to the research activities credit for research activities conducted by an eligible business and for the research activities credit for research conducted in an enterprise zone. The amendments show that those research activities credits are to be computed with changes in the federal research activities credit that occurred in 2001.

Item 13 amends subrule 52.18(3) regarding the property rehabilitation credit for corporate taxpayers. This amendment provides that qualified rehabilitation costs incurred in the tax year are added to the basis of the rehabilitated property less the amount of qualified rehabilitation costs that are equal to the computed rehabilitation tax credit for the tax year. It should be noted that under the prior law, any qualified rehabilitation costs incurred in the tax year that were used to compute the property rehabilitation credit for the tax year could not be added to the basis of the rehabilitated property.

Item 14 adopts new rule 58.10(422), which provides that the property rehabilitation tax credit is authorized for taxpayers who are subject to the franchise tax for financial institutions.

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

These amendments will become effective December 4, 2002, after filing with the Administrative Rules Coordinator and publication in the Iowa Administrative Bulletin.

These amendments are intended to implement Iowa Code sections 15.335, 15A.9, 404A.2, 422.3, 422.7, 422.8, 422.9, 422.10, 422.21, 422.33, and 422.60 as amended by 2002 Iowa Acts, House File 2035, House File 2116, House File 2622, and Senate File 2305.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [amendments to Chs 38, 40 to 42, 52, 58] is being omitted. These amendments are identical to those published under Notice as ARC 1958B, IAB 9/4/02.

[Filed 10/11/02, effective 12/4/02]
[Published 10/30/02]

[For replacement pages for IAC, see IAC Supplement 10/30/02.]

Pursuant to the authority of Iowa Code sections 421.14 and 422.68, the Department of Revenue and Finance hereby adopts amendments to Chapter 42, “Adjustments to Computed Tax,” and Chapter 52, “Filing Returns, Payment of Tax and Penalty and Interest,” Iowa Administrative Code.

Notice of Intended Action was published in IAB Vol. XXV, No. 5 (9/4/02) p. 340, ARC 1960B.

Item 1 amends subrule 42.2(10) for individual income tax to provide that a cooperative described in Section 521 of the Internal Revenue Code which is required to file an Iowa corporation income tax return and whose project primarily involves the production of ethanol may elect to transfer all or a portion of its investment tax credit to its members.

Item 2 updates an implementation clause.

Item 3 amends subrule 52.10(4) for corporation income tax to provide that a cooperative described in Section 521 of the Internal Revenue Code which is required to file an Iowa corporation income tax return and whose project primarily involves the production of ethanol may elect to transfer all or a portion of its investment tax credit to its members. This is similar to the amendment in Item 1.

Item 4 updates an implementation clause.

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

These amendments will become effective December 4, 2002, after filing with the Administrative Rules Coordinator and publication in the Iowa Administrative Bulletin.

These amendments are intended to implement Iowa Code Supplement section 15.333 as amended by 2002 Iowa Acts, House File 2625.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [amendments to Chs 42, 52] is being omitted. These amendments are identical to those published under Notice as ARC 1960B, IAB 9/4/02.

[Filed 10/11/02, effective 12/4/02]
[Published 10/30/02]

[For replacement pages for IAC, see IAC Supplement 10/30/02.]

Pursuant to the authority of Iowa Code section 47.1, the Secretary of State hereby amends Chapter 22, “Alternative Voting Systems,” Iowa Administrative Code.

In accordance with 2002 Iowa Acts, House File 2472, which becomes effective January 1, 2003, this amendment rescinds four rules that pertain to electronic voting systems. 2002 Iowa Acts, House File 2472, sections 50 through 59 and section 114, eliminate from the Iowa Code all references to punch card voting. The rescission of these rules removes all similar references from Chapter 22. These rules are no longer necessary because the Iowa Code no longer permits this method of voting.

In compliance with Iowa Code section 17A.4(2), the Secretary of State finds that notice and public participation are unnecessary because the Iowa Code no longer permits punch card voting.

This amendment shall become effective January 1, 2003.

This amendment is intended to implement Iowa Code chapter 52 as amended by 2002 Iowa Acts, House File 2472.

The following amendment is adopted.

Rescind and reserve rules 721—22.50(52), 721— 22.51(52), 721—22.52(52) and 721—22.462(52).

[Filed Without Notice 10/10/02, effective 1/1/03]

[Published 10/30/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/30/02.

Pursuant to the authority of Iowa Code sections 307.10 and 307.12, the Department of Transportation, on October 8, 2002, adopted amendments to Chapter 112, “Primary Road Access Control,” Iowa Administrative Code.

Notice of Intended Action for these amendments was published in the August 7, 2002, Iowa Administrative Bulletin as ARC 1844B.

Throughout the rules, metric units of measure are changed to English units of measure, references to Department offices and position titles are updated, and the appeal processes are amended to provide for an intermediate appeal to the district engineer before a matter is appealed to the Director of Transportation. Also, more flexibility is provided in situations where the Department feels it is warranted.

Subrule 112.1(4) is new. It provides that rule waivers involving the interstate highway system require the approval of the Federal Highway Administration.

In rule 761—112.2(306A), several definitions are added for terms used in the rules.

For Priority III highways, the spacing between access locations is revised to state that the minimum allowable spacing is 1,000 feet, and that spacing of one–quarter mile is preferable. The distinction between a rural–designed area and an urban–designed area is removed.

Priority IV highways are subdivided into Priority IV(a) and Priority IV(b), rather than a rural–designed area and an urban–designed area.

Sight distance values are updated to conform to current standards.

Subrule 112.3(4) regarding maintenance of entrances is added to replace language formerly found in subrule 112.4(4). The new subrule addresses maintenance responsibilities for both paved and unpaved entrances.

Subrule 112.4(6) is new. It addresses items that should be considered when determining entrance width and the size of radius or flared returns. The remaining subrules in rule 761—112.4(306A) are renumbered accordingly.

Renumbered subrule 112.4(7) on entrance width is revised. A sentence is added which states that the width of an entrance is the distance between the beginning points of the return radii or flares, measured perpendicular to the centerline of the entrance. The minimum allowable width of a Type “C” entrance is revised to establish a minimum allowable width of 20 feet, but to allow a minimum width of 15 feet if the posted speed limit is 35 miles per hour or less.

Renumbered subrule 112.4(7) is also revised to state that the width of a city street or secondary road intersection will be determined on a case–by–case basis taking into consideration both local and Department standards.

In renumbered subrule 112.4(8) regarding radius or flared returns, new paragraph “j” is added to address situations in which the predominant types of vehicles that will use an entrance are truck tractor–semitrailer combinations and large equipment.

Subrule 112.4(11) is new. It addresses the grade of an entrance.

Subrule 112.5(2) regarding an entrance permit application for a Type “A” entrance is revised to require the applicant to review the need for traffic signals.

Subrule 112.6(4) is revised to strike a requirement that the entire curb and gutter section be removed when a curb is cut for the construction of an entrance.

Rule 761—112.7(306A) is new. Its purpose is to clarify the requirements for access to Priority I, II, III and IV highways once access rights are acquired.

Subrule 112.8(3) is revised to remove a prohibition that no portion of a requested entrance that lies within the highway right–of–way may extend beyond the property line as extended to intersect the roadway centerline unless the adjacent property owner has joined in the permit.

Subrule 112.11(4) is amended to add a sentence explaining where a median begins or ends.

Subrules 112.11(5) to 112.11(7) regarding acquisition of access rights along intersecting primary roads, secondary roads and city streets at interchanges are rescinded and replaced by new subrule 112.11(5). The new subrule lists the minimum distances where access rights should be acquired, measuring from the point of ramp bifurcation, from the beginning of a deceleration lane or taper, and from the beginning or end of a median, whichever distance is greater.

Subrule 112.12(2) regarding the establishment of predetermined access locations is rewritten to include a list of items the Department will consider when establishing predetermined access locations. New language also provides that the establishment of a predetermined access location that does not meet required spacing standards is not a waiver of the rules if the location can be justified based on one or more of these items.

Subrule 112.12(4) regarding the construction of entrances after completion of a highway project is rewritten for clarity and to correct an error.

Subrule 112.13(4) is new. It addresses temporary access for emergency situations or for highway construction or maintenance purposes in an area where access rights have been acquired.

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

These amendments are intended to implement Iowa Code chapters 306, 306A and 319.

These amendments will become effective December 4, 2002.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [amendments to Ch 112] is being omitted. These amendments are identical to those published under Notice as ARC 1844B, IAB 8/7/02.

[Filed 10/10/02, effective 12/4/02]
[Published 10/30/02]

[For replacement pages for IAC, see IAC Supplement 10/30/02.]

Pursuant to the authority of Iowa Code sections 307.10, 307.12 and 321.252, the Department of Transportation, on October 8, 2002, adopted amendments to Chapter 130, “Signing Manual,” Chapter 131, “Signing on Primary Roads,” Chapter 140, “Traffic Signals, School Signals and Beacons on Primary Roads,” Chapter 142, “Speed Zoning on Primary Highways,” and Chapter 164, “Traffic Safety Improvement Program,” Iowa Administrative Code.

Notice of Intended Action for these amendments was published in the August 7, 2002, Iowa Administrative Bulletin as ARC 1846B.

Chapter 130 currently adopts the 1988 edition of the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD) prepared by the National Committee on Uniform Traffic Control Devices and published by the U.S. Department of Transportation, Federal Highway Administration (FHWA), as the manual and specifications for a uniform system of traffic control devices for use on the highways of this state.

This rule–making action replaces the adoption of the 1988 edition of the MUTCD with the Millennium Edition Errata Number 1 and revision changes number 1 dated December 28, 2001. The 2000 edition is proposed for adoption with the exception of the section that prohibits the use of portable or part–time stop signs. The exception would allow the use of a portable stop sign for school crossings.

The MUTCD is published by the FHWA under 23 Code of Federal Regulations (CFR), Part 655, Subpart F. Although the MUTCD is routinely updated to include amendments that clarify new standards and incorporate technical advances, it has been more than 20 years since the manual was entirely rewritten, and the most recent edition was published in 1988. In 1992, the FHWA announced the initiative to perform a major rewrite and reformat the MUTCD.

The FHWA worked closely with its public and private sector partners in this rewrite effort. The National Committee on Uniform Traffic Control Devices (NCUTCD) took the lead in the effort to rewrite and reformat the manual. The NCUTCD is a national organization of individuals from the American Association of State Highway and Transportation Officials (AASHTO), the National Association of County Engineers (NACE), the American Public Works Association (APWA), the Institute of Transportation Engineers (ITE), and other organizations that have extensive experience in the installation and maintenance of traffic control devices. The FHWA reviewed and incorporated most of the NCUTCD’s proposals for revising the MUTCD in several Federal Register notices of proposed amendments. The Federal Register process provided the opportunity for the public to review and make comment on the changes to the MUTCD.

The MUTCD Millennium Edition was reformatted to improve the overall organization and discussion of the MUTCD content. This is important because the MUTCD audience encompasses more than the highway community. For example, it includes the insurance industry, law enforcement agencies, academic institutions, private industry, and construction and engineering concerns.

The following is a summary of the significant additions and changes to the MUTCD:

A standard statement was added indicating that any traffic control device or application provision contained in the MUTCD shall be considered in the public domain.

The FHWA will not include copyrighted or patented devices in the MUTCD with the exception of the Interstate Shield, a copyrighted device developed by AASHTO.

Optional text has been added to allow state and local highway agencies to develop word message signs to notify road users of special regulations.

The FHWA added a reference, 23 CFR 655, Subpart F, in Section 1A.07, which states that the MUTCD is recognized as the national standard for traffic control devices on all streets, highways, and bicycle paths open to public travel. When a state or other federal agency’s MUTCD or supplement is used, it shall be in substantial conformance with the national MUTCD.

Language was added to Section 1A.08 requiring all traffic control devices and any other signs or messages within the street or highway right–of–way to be placed only as authorized by a public authority or official having jurisdiction for the street or highway.

Language has also been added to indicate that any unauthorized traffic control device or any nonessential sign or message placed within the highway right–of–way should be removed.

Text has been added to Section 1A.10 that prohibits the design, application, and placement of traffic control devices other than those adopted in the MUTCD, unless the process for experimentation, interpretation, or change is followed.

Language is added to the guidance indicating that any request for permission to experiment with a new traffic control device should contain a legally binding statement certifying that the traffic control device is not protected by a patent or copyright. Patented or copyrighted devices are not permitted in the MUTCD, except for the Interstate Shield.

The FHWA changed this section of the MUTCD so that the design and application standards for all signs, not just for guide signs as previously stated in the 1988 MUTCD, will depend on the highway classification.

The FHWA added “Special Purpose Road” to the list of highway classification types. Special purpose roads are low–volume, low–speed roads serving recreational areas, resource development activities, or providing local access to properties.

The FHWA extended the general requirements of sign ret– roreflectivity or illumination to all signs, not just regulatory and warning signs. The FHWA believes this will improve safety and visibility during adverse ambient conditions. Once the FHWA has developed minimum retroreflectivity levels, this information will be included as a guidance in the proposed new Section 2A.09.

The FHWA included a statement that the color coordinates and values shall conform to those shown in the color specifications described in the “Standard Highway Signs” book. The FHWA believes that including this statement will help promote uniformity of colors when traffic control signs are designed and installed.

A section was added on word message signs. Word messages should be as brief as possible and the lettering should be large enough to provide the necessary legibility distance. A specific ratio, such as 25 mm (1 in) of letter height per12 m (40 ft) of legibility distance should be used. The FHWA believes this will improve safety and visibility for all road users, especially for older road users whose vision may be diminished.

The FHWA requires that both roadside–mounted and overhead sign supports within the clear zone be breakaway or shielded for the safety of the road user, particularly in the case of run–off–road incidents.

In Section 2B.04, paragraph 2, the FHWA included a standard to require the use of the “4–WAY” supplemental plaque (R1–3) at intersections where all approaches are controlled by “STOP” signs. In the 1988 MUTCD, this was a recommended practice. However, the FHWA believes that due to increased aggressive driving behavior, disregard of “STOP” signs, and the hazardous nature of these types of intersections, the required use of the “4–WAY” supplemental plaque will provide additional emphasis and motorist information at these locations.

In Section 2B.05, paragraph 7, the FHWA included options for consideration when deciding on which street to install a “STOP” sign in situations where two streets have relatively equal volumes or characteristics.

In Section 2B.07, paragraph 2, the FHWA added guidance to recommend that the decision to install multiway “STOP” signs should be based on an engineering study.

In Section 2B.07, paragraph 3, item 3a, the FHWA changed the minimum vehicle volume criteria from 500 vehicles per hour for any eight hours of an average day to 300 vehicles per hour. This proposed change allows more consideration and flexibility, and allows more intersections to qualify for multiway “STOP” sign installations.

In Section 2B.07, the FHWA provided a means for combining the data on the accident experience and volume counts when considering the installation of multiway “STOP” signs.

To reduce the potential for motorist information overload, the FHWA added a statement to require that three be the maximum number of speed limits displayed on any one “SPEED LIMIT” sign or assembly.

The FHWA added a statement that the turn prohibition signs (R3–1 to R3–4) should be installed adjacent to a signal face instead of allowing this as an option. This statement was changed to a guidance condition because it enhances the sign’s visibility and improves the road user’s ability to see the sign placed in this overhead position.

A new section, “Reversible Lane Control Signs,” was added to the manual.

The use of “ONE WAY” signs (R6–1 and R6–2) at all alleys and roadways was changed to a “shall” condition from a “should” statement. “ONE WAY” signs shall be placed parallel to the one–way street at all alleys and roadways that intersect one–way streets. The FHWA believes that requiring the placement of the “ONE WAY” signs parallel to the one–way street at all alleys or roadway intersections to one–way streets will: (1) give motorists clearer directions, and (2) make traffic operations safer by reducing the chance of road users inadvertently making wrong–way movements.

A section was added to allow the use of Divided Highway Crossing signs at an intersection. These signs may be located on the near right–hand corner of the intersection and may be mounted beneath a “STOP” or “YIELD” sign or on a separate support.

A new Section 2B.48 was added that includes provisions for the design and operation of high–occupancy vehicle lanes.

In Table 2C–2, the FHWA increased the minimum size for the Merge sign (W4–1), the “NARROW BRIDGE” sign (W5–2), the Two–Way Traffic symbol sign (W6–3), and the Double Arrow sign (W12–1) to 30 inches instead of 24inches. This change will make the minimum size consistent with the other signs in this series and will improve sign visibility for road users.

In Section 2C.07, the FHWA added a new discussion on the use of a combination Horizontal Alignment/Advisory Speed sign (W1–9). When used, this new sign would be required to supplement the advance warning Turn and Curve signs.

In Section 2C.08, paragraph 1, the FHWA added a new sign and a new section to the MUTCD that allow the Turn and Curve signs to be combined with the Cross Road and Side Road signs. This would in effect create one warning sign which may be used to depict roadway conditions where intersections occur within a turn or curve.

In Section 2C.13, the FHWA added an option of using the Advisory Speed (W13–1) plaque with the “ROAD NARROWS” sign to indicate the recommended speed for situations where the road abruptly narrows to a width that may require road users to reduce their speed.

In an effort to promote uniformity and discourage a proliferation of states using a variety of signs for speed humps, the FHWA adopted the “SPEED HUMP” word message sign.

In Section 2C.23, the Advisory Speed plaque may be used to supplement the “PAVEMENT ENDS” (W8–3) word message sign. The Advisory Speed plaque may be used when the change in roadway condition requires road users to reduce their speed.

The FHWA deleted the use of the Pavement Ends symbol sign based on studies showing that road users do not comprehend the symbol’s message.

To rectify confusion and discrepancies, language is added to describe the application of the “SOFT SHOULDER” (W8–4) sign, the “LOW SHOULDER” (W8–9) sign, the “SHOULDER DROP OFF” (W8–9a) sign, and the “UNEVEN LANES” (W8–11) sign. The symbols for these signs have created confusion and misunderstanding. Therefore, the symbols are deleted in lieu of the word messages.

Based on comments received, the FHWA added the option to install a supplemental Advance Street Name plaque above or below any of the Advance Traffic Control signs. This change gives states more flexibility.

In Section 2C.27, the FHWA included an option for traffic engineers to install a new “CROSS TRAFFIC DOES NOT STOP” plaque (W4–4P) to warn road users that they are at a two–way stop–controlled intersection.

In Section 2C.33, the FHWA included a new Curve Speed sign which may be used beyond the beginning of a curve following a Horizontal Alignment and Advisory Speed sign combination where the recommended speed changes because of a change in curvature, or when there is a need to remind users of the recommended speed.

In Section 2C.34, the FHWA included a new Circular Intersection (W2–6) symbol sign. With the advent of traffic calming practices in residential communities, the FHWA believes it is important to take advantage of this opportunity to include a sign in the MUTCD for circular intersections. An educational word message plaque should accompany this symbol sign.

The FHWA added a new Section 2C.36 entitled, “Motorized Traffic Signs.” These signs are vehicle–related signs and may be used to alert road users of unexpected entries into the roadway by trucks, farm vehicles, emergency vehicles, and other vehicles.

The FHWA included a new “EMERGENCY SIGNAL AHEAD” (W11–12P) warning sign for use with the Emergency Vehicle (W11–8) warning sign. Based on comments, this section has also been revised to include an option to use other word messages to indicate the type of emergency vehicle station ahead (such as rescue squad, etc.) in situations when no emergency–vehicle traffic control signal is present.

A new application for Advance Crossing and Crossing signs is added. These two signs are identical in design. In the past, the Crossing signs were distinguished from Advance Crossing signs by the use of crosswalk lines on the sign. However, people rarely noticed the difference. The FHWA deleted the crosswalk lines and one sign is used for both the advance and the crossing location.

The Crossing sign, when used to provide advance notice to road users, is supplemented with the legend “AHEAD” or with an appropriate distance plaque. The Crossing sign shall be used adjacent to identified crossing locations. The Crossing sign must be supplemented with a diagonal downward pointing arrow if the crossing location does not have pavement markings. If the crossing location does have crosswalk pavement markings, the diagonal downward pointing arrow plaque is not required.

Route systems shall be given preference in this order: interstate, United States, state, and county. The preference is given by installing the highest priority legend on the top or left of the sign panel.

The Off–Interstate Business Route sign may be used on a major highway that is not a part of the interstate system, but one that serves the business area of a city from an interchange on the system. When used on a green guide sign, a white panel may be placed behind the shield to improve contrast.

Frequent use of street names as the principal message in guide signs has been added as a special sign treatment to improve travel on urban freeways and expressways. This information provides added guidance to road users.

Guidance on where memorial names should not be used is expanded to cover not just interstate routes but to cover any freeway and expressway route.

The wording is changed to clarify that no more than two destination names or street names should be shown on any Advance Guide sign or Exit Direction sign. This language is more specific than that in the 1988 MUTCD.

Symbol designs shall be essentially like those in the MUTCD. The FHWA changed this from a guidance to a standard. It is important that road users understand symbol messages. Symbol signs are not adopted without research and evaluation studies to determine motorist recognition and comprehension.

Based on successful experimentation conducted using the “ATTRACTION” sign, this new category is added to the Specific Service signs. In addition to the existing four service categories (“GAS,” “FOOD,” “LODGING,” and “CAMPING”), now “ATTRACTION” signs are included.

An option statement was added to Section 2F.03. A portion at the bottom of a “GAS” logo panel may be used to display the legends for alternative fuels available at the facility (see Section 2E.51). A portion at the bottom of a “FOOD” logo panel may be used to display a day of the week when the facility is closed.

No more than three types of services shall be represented on any sign or sign assembly. If three types of services are shown on the same sign, then the logo panels shall be limited to two for each service (for a total of six logo panels).

Since service signs may be combined on one sign, the FHWA deleted the requirement for separate signs for each service category. The FHWA deleted the urban vs. rural distinction. The same provisions apply in both cases.

Each Specific Service sign or sign assembly shall be limited to no more than six logo panels. There shall be no more than four logo panels for one of the two service types on the same sign or sign assembly.

All letters and numerals on Specific Service signs, except on the logo panels, shall be a minimum height of 10 inches for signs on freeways and expressways, and 6 inches for signs on conventional roads and ramps.

Specific Service ramp signs should be spaced at least 100 feet from the exit gore sign, from each other, and from the ramp terminal.

In Section 2G.02, standard, the FHWA added language specifying that “The content of the legend on each panel shall be limited to the business identification and directional information for not more than one eligible business, service, or activity facility.”

Section 2G.03, guidance, specifies 6–inch height for letters and numbers. Using smaller letters on less important rural roads is not helpful to the unfamiliar road user.

In Section 2G.04, guidance, the FHWA states that “The number of panels installed on each sign should not exceed four.”

In Section 2G.04, paragraph 2, the FHWA included the guidance to allow the installation of a maximum of three intersection approach signs.

No significant changes were made in this section.

The FHWA adopted the new title, “Emergency Management Signing” and deleted reference to civil defense. The more prevalent concerns today are from emergency traffic management situations that may occur with natural disasters and chemical warfare threats.

In Section 2I.03, “EVACUATION ROUTE” sign (EM–1), the civil defense symbol is deleted and replaced by the word message “EVACUATION ROUTE.”

The 1988 MUTCD referred to the “AREA CLOSED” signs to close a roadway entering a dangerous radiological or biological contamination area. In the 2000 MUTCD the “AREA CLOSED” sign is not limited to these areas but can be used for other types of emergencies such as natural disasters.

The following changes were made to the Millennium Edition to incorporate the changes from the 1988 MUTCD in the centerline and edge line.

Centerline and edge lines shall be placed on all paved urban arterials and collectors that have a roadway of 20 feet or more in width with an average daily traffic of 6,000 vehicles per day or greater. Centerline markings shall also be placed on the paved two–way streets and highways that have three or more traffic lanes.

Centerline and edge line markings should be placed on paved urban arterials and collectors that have a traveled width of 20 feet or more and an average daily traffic of 4,000 vehicles per day or greater. Centerline and edge line markings should also be placed on all rural arterials and collectors that have a traveled way width of 5.5 m (18 ft) or more with an average daily traffic of 3,000 vehicles per day or greater.

An engineering study should be used in determining whether to place centerline markings on a traveled way less than 4.8 m (16 ft) wide due to traffic encroaching on the pavement edges, traffic being affected by parked vehicles, and traffic encroachment into the lane of opposing traffic where edge line markings are used.

Edge line markings may be placed on streets and highways that do not have centerline markings.

Edge line markings may be excluded, based on engineering judgment, for reasons such as if the traveled way edges are delineated by curbs, parking, bicycle lanes, or other markings.

No–passing zone markings shall be used on approaches to highway–rail grade crossings and at other locations where the prohibition of passing is appropriate.

Yield lines were added to the MUTCD. Yield lines consist of a row of isosceles triangles extending across approach lanes, and pointing toward approaching vehicles to indicate the point at which the yield is intended or required to be made. Yield lines may be used where it is important to indicate the point behind which vehicles are required to yield in compliance with a “YIELD” sign.

Where crossroad channelization or ramp geometrics do not make wrong–way movements difficult, a lane–use arrow should be placed in each lane of an exit ramp near the crossroad terminal where it will be clearly visible to a potential wrong–way road user.

Where a preferential lane use is established, the preferential lane shall be marked with one of the following symbols or word markings for the preferential lane use specified:

HOV lane – The preferential lane use marking for high–occupancy vehicle lanes shall consist of white lines formed in a diamond shape. The diamond shall be at least 0.75 m (2.5 ft) wide and 3.7 m (12 ft) in length. The lines shall be at least 150 mm (6 in) in width.

Bicycle lane – The preferential lane use marking for a bicycle lane shall consist of a bicycle symbol or the word marking “BIKE LANE” (see Chapter 9C and Figures 9C–1 and 9C–3 through 9C–6).

Bus only lane – The preferential lane use marking for a bus only lane shall consist of the word marking “BUS ONLY.”

Taxi only lane – The preferential lane use marking for a taxi only lane shall consist of the word marking “TAXI ONLY.”

New pavement markings were added for use on roundabouts and in advance of speed humps.

Single delineators shall be provided on the right side of expressways and freeways and on at least one side of interchange ramps, except in the following cases:

1. On tangent sections of expressways and freeways when all of the following conditions are met:

• Raised pavement markers are continuously used.

• Where whole routes or substantial portions of routes have large sections of tangent alignment.

• Roadside delineators are used to lead into all curves.

2. On sections of roadways where continuous lighting is in operation between interchanges.

A new section, “Alternatives to Traffic Control Signals,” was added to the MUTCD to provide guidance that consideration be given to providing alternatives to traffic control signals even if one or more of the signal warrants have been satisfied. Under the category of option, a list of alternatives is provided.

To assist in reducing traffic congestion, the FHWA added a new guidance statement to Section 4C.06 which states, “If installed within a signal system, the traffic control signal should be coordinated.”

A guidance statement was added: “Safety considerations should include the installation, where appropriate, of accessible pedestrian signals (see Sections 4E.06 and 4E.08) that provide information in non–visual format (such as audible tones, verbal messages, and/or vibrating surfaces).”

Standard language was added to Section 4D.04 to allow turns on Circular Red and to provide an exception to prohibiting turns on Red Arrow.

The FHWA added a paragraph to encourage that special consideration for older drivers be made in the design of left–turn phasing.

The following support statement was added to the manual: “The use of backplates enhances the contrast between the traffic signals and their surroundings for both daytime and nighttime conditions, which is helpful to elderly drivers.”

A new section was added on accessible pedestrian signals. In this new section, standards are given on the activation of the accessible pedestrian signals and on locator tones. Guidance is given on the location of push buttons, on tactile arrows, on locator tones, and on median–mounted detectors. Options are given on activation at pretimed signals, on sound level of audible signals, and on street names.

An option statement was added to use passive pedestrian detection equipment, which can detect pedestrians who need more time to complete their crossing and can extend the length of the pedestrian clearance time.

A standard statement was added to install an “EMERGENCY SIGNAL” (R10–13) sign adjacent to a signal face on each major street approach. If an overhead signal face is provided, the “EMERGENCY SIGNAL” sign shall be mounted adjacent to the overhead signal face.

New Sections 4L.01 and 4L.02 provide standards, guidance, options and support for the design and operation of In–Roadway Lights installations. The standards, among other things, would provide for: (1) installation at only uncontrolled, marked crosswalks, with applicable warning signs; (2) the installation of In–Roadway Lights parallel to the edge of the crosswalk; (3) the operation to be initiated based on pedestrian actuation (active or passive); (4) the operation to cease at a predetermined time after the actuation or with passive detection when the pedestrian clears the crosswalk; and (5) the height of the In–Roadway Lights not to exceed a height of 20 mm (3/4 in).

Part 5 is new to the MUTCD.

Part 5 provides standards and guidance for traffic control devices that are unique to or most applicable to low–volume roadways. Low–volume facilities typically include farm–to–market, recreational, resource management and local service roads.

Part 5 has been designed to reference other applicable sections of the MUTCD relative to standards and guidance for traffic control devices that are appropriate for low–volume roads but are also applicable to higher class facilities.

In Section 5A.1, the FHWA recommends that low–volume roads be defined as those facilities that lie outside built–up areas of cities, towns and communities and have a traffic volume of less than 400 vehicles per day average annual daily traffic.

In Section 6C.01, the sixth and seventh guidance paragraphs, the following was added: “Reduced speed limits should be used only in the specific portion of the temporary traffic control zone where conditions or restrictive features are present. However, frequent changes in the speed limit should be avoided. A temporary traffic control plan should be designed so vehicles can safely travel through the temporary traffic control zone with a speed limit reduction of no more than 10 mph.”

“Temporary traffic control zone,” “work zone” and “incident area” are defined:

“A temporary traffic control zone is an area of a highway where road user conditions are changed because of a work zone or an incident through the use of temporary traffic control devices, police, or other authorized officials.”

“A work zone is an area of a highway with construction, maintenance, or utility work activities. A work zone is typically marked by signs, channelizing devices, barriers, pavement markings, and/or work vehicles. It extends from the first warning sign or rotating/strobe lights on a vehicle to the END ROAD WORK sign or the last temporary traffic control device.”

“An incident area is an area of a highway where temporary traffic controls are imposed by authorized officials in response to a road user incident, natural disaster, or special event.”

In Section 6F, descriptions of the following signs were added: “STAY IN LANE,” “PEDESTRIAN CROSSWALK,” “SIDEWALK CLOSED (AHEAD) CROSS HERE,” “RIGHT TWO LANES CLOSED 0.8 KILOMETERS (1/2 MILE),” “CENTER LANE CLOSED AHEAD,” “THRU TRAFFIC MERGE RIGHT (LEFT),” “EXIT OPEN,” “ON RAMP,” “RAMP NARROWS SLOW TRAFFIC AHEAD,” “SHOULDER WORK,” “RIGHT SHOULDER CLOSED,” “UTILITY WORK AHEAD,” Lane Reduction and “EXIT CLOSED.”

In Section 6F.03, the second guidance paragraph, the following was added: “Neither portable nor permanent sign supports should be located on sidewalks, bicycle lanes, or areas designated for pedestrian or bicycle traffic.”

In Section 6F.09, the second guidance paragraph, the following was added: “In rural applications, the “LOCAL TRAFFIC ONLY” sign shall have the legend “ROAD CLOSED XX (MILES) AHEAD, LOCAL TRAFFIC ONLY (R11–3a).”

In Section 6F.53, the first support paragraph, the FHWA added a guidance paragraph for locating and providing protection for arrow panels. In Section 6F.53, the second guidance paragraph reads:

“An arrow panel should be placed on the shoulder of the roadway or, if practical, further from the traveled lane. It should be delineated with retroreflective temporary traffic control devices, or when within the clear zone, shielded with a barrier or crash cushion. When an arrow panel is not being used, it should be removed; if not removed, it should be shielded; or if the previous two options are not feasible, it should be delineated with retroreflective temporary traffic control devices.”

In Section 6G.02, the third standard paragraph was added as follows: “Since intermediate–term operations extend into nighttime, retroreflective and/or illuminated devices shall be used in intermediate–term stationary temporary traffic control zones.”

In Section 6H.01, new notes were added to Typical Applications (TA–10, TA–30 & TA–39) and a new Figure TA–46 was added to provide additional information concerning work zone treatments near highway–rail grade crossings.

In Section 6H.01, a note for Figure 6H–12(TA–12) was added as follows: “Stop lines shall be installed with temporary traffic control signals.” A note for Figure 6H–14(TA–14) was added as follows: “Stop lines shall be used on existing highway with temporary traffic control signals.”

In Section 6H.01, a note was added for Figure 6H–17(TA–17) as follows: “Shadow and work vehicles shall display rotating lights or strobe lights.”

In Section 6H.01, a note was added to Figure 6H–24(TA–24) as follows: “When turn prohibitions are implemented, two turn prohibition signs should be used, one on the near side and, space permitting, one on the far side of the intersection.”

In Section 6H.01, a note was added for Figure 6H–30(TA–30) as follows: “Where speed or volume is higher, additional signing such as LEFT LANE CLOSED XX M (FT) should be used between the signs shown.”

In Section 6H.01, the following note for Figures 6H–41(TA–41) and 6H–42(TA–42) was added: “A temporary EXIT sign shall be located in the temporary gore. For better visibility, it shall be mounted a minimum of 2.1 m (7 ft) from the pavement surface to the bottom of the sign.”

Optional text has been added that defines where the “minimum” size signs are used. Text is also added to address “special” size signs. The text reads: “The special sign size may be used for applications that require increased emphasis, improved recognition, or increased legibility. The minimum sign size may be used on local residential streets, in urban areas, and where there are low traffic volumes and low vehicle speeds, as determined by engineering judgment.”

A new Section 7B.07 is added to address the optional use of the color fluorescent yellow green for school warning signs.

The text in Section 7B.08 and Section 7B.09 was modified to be consistent with Section 2C.36. Section 2C.36 discusses a new application for Advance Crossing and Crossing signs.

The text in Section 7E.04 addresses the need for adult guards and student patrols to wear high visibility retroreflective material or clothing similar to that set forth in Section 6E.02. This guidance was changed to include police officers.

Retroreflective material shall be on the back of crossbucks, except when mounted back–to–back and on each support.

Advance warning signs are not required: (1) on highways with less than 100 feet between the crossing and a highway intersection, and (2) where physical conditions prevent effective display.

When a “STOP” or “YIELD” sign is used at passive crossings with two or more trains per day, Stop Ahead and Yield Ahead warning signs shall be installed.

A new section was added providing guidance that emergency notification signs should be posted at all highway–rail grade crossings.

Several new signs were added for rail crossings. A sign was added for use on Class 5 or higher railroad tracks where trains may exceed 80 mph. Signs shall be installed at the crossings that have the Federal Railroad Administration’s authorization for trains to not sound a horn. A warning sign was added for use at crossings not equipped with automated signals. A regulatory sign was added for use at passive crossings directing road users to look for trains.

Flashing–light signals shall be placed to the right of approaching highway traffic on all highway approaches to a crossing. This was a change from a “should” condition to a “shall” condition.

The approach lane gate arms shall be designed to fail safe in the down position.

A new section was added to provide standards, guidance, and options for four quadrant gate systems.

The statement that sign sizes for shared use paths should be those shown in Table 9B–1 is changed from a guidance to a standard since sign sizes are considered a standard in other parts of the MUTCD.

Two new signs and appropriate text have been added to Section 9B.04. Optional text addresses the use of the R3–16a and R3–17a bicycle lane signs. The R3–16a sign may be used to notify bicyclists that the bicycle lane is ending. The R3–17a sign may be used to notify bicyclists that may encounter parked vehicles where parking is allowed.

Text has been added to the standard that requires signs to be used with preferential lane symbols. Use of pavement markings only would not alert drivers to the presence of the lane to the same extent as markings and signs together would, especially in inclement weather conditions.

The standard concerning bicycle lane symbols in Section 9C.04 was changed to include the maximum distance between markings. The sentence reads: “If used, the bicycle lane symbol shall be placed immediately after but not closer than 20 m (65 ft) from the crossroad, or other locations as needed.”

The FHWA added a new part to the MUTCD entitled, “Part 10 — Traffic Controls for Highway–Light Rail Transit Grade Crossings.”

Part 10 provides standards and guidance for the design, installation, and operation of traffic control devices at grade crossings of highway traffic and light rail transit vehicles to facilitate the safe, orderly, and integrated movement of all traffic.

This is an entirely new section to the manual. There was no Part 10 in the 1988 MUTCD.

The MUTCD may be reviewed at the following Internet address: http://mutcd.fhwa.dot.gov.

The MUTCD requirements for replacement of signs or other traffic control devices allows for a four– to ten–year phase in. This allows the state, cities and counties to replace the signs and devices as they wear out with new compliant signs and devices.

The following is a summary of the changes to Chapters 130, 131, 140, 142 and 164:

Iowa Code section 321.252 requires the Department to adopt a manual and specifications for a uniform system of traffic control devices to be used on the highways in the state. Item 1 adopts the “Manual of Traffic Control Devices (MUTCD), 2000 Millennium Edition with Revision No. 1 changes dated December 28, 2001.”

Iowa Code section 321.249 requires that all traffic control devices provided for school zones conform to specifications included in the MUTCD adopted by the Department, except the provision prohibiting the use of portable or part–time stop signs. Item 2 includes this exception in the text of the rule for clarity and compliance with Iowa Code section 321.249. Item 2 also adds an Internet address for reference to the MUTCD.

Item 3 amends the implementation clause for Chapter 130.

Item 4 clarifies which airports qualify for destination signing.

Items 5 and 6 correct office names for Chapter 131.

Item 7 clarifies that the criteria for signing a junior college, college, university or area community college are based on enrollment at the school campus to be signed and allow for the signing of K–12 educational facilities.

Item 8 allows flexibility on the number of camping slots required to qualify for camping service signs on interstate highways.

Item 9 corrects a reference to the Iowa State Patrol.

Item 10 corrects a reference to the Iowa State Patrol, allows a sheriff to request a “NO PARKING” sign and corrects an office name.

Item 11 corrects a reference to the MUTCD.

Items 12 and 13 correct references to a section in the MUTCD.

Item 14 changes the title of Chapter 140.

Item 15 removes reference to school signals because they are covered in the MUTCD under traffic signals, corrects references to the MUTCD and adds a contact office in Chapter 140.

Item 16 clarifies the purpose of the rule, corrects an office name and adds a contact office in Chapter 142.

Item 17 corrects an office name.

Item 18 corrects references to the Commission.

Item 19 removes excess wording, corrects office names, and changes the application deadline in order to improve the timing of program and project approvals for design and construction projects in Chapter 164.

Item 20 reflects the current procedure used to program traffic safety funds.

Item 21 rescinds subrule 164.10(3). The Department does not audit force work performed by cities and counties under this program.

These rules do not provide for waivers. Any person who believes that the person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11.

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

These amendments are intended to implement Iowa Code chapters 312 and 321.

These amendments will become effective December 4, 2002.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [amendments to Chs 130, 131, 140, 142, 164] is being omitted. These amendments are identical to those published under Notice as ARC 1846B, IAB 8/7/02.

[Filed 10/10/02, effective 12/4/02]
[Published 10/30/02]

[For replacement pages for IAC, see IAC Supplement 10/30/02.]