CHAPTER 910
COORDINATION OF PUBLIC TRANSIT SERVICES
[Prior to 6/3/87, Transportation Department [820]—(09,A)Ch 2]

761—910.1(324A) Definitions. For purposes of this chapter, the following definitions shall apply in addition to the definitions in Iowa Code section 324A.1:
“Council”  means  the  statewide  transportation  coordination  advisory  council  formed  in  rule
910.3(324A).
“Department” means the state department of transportation. The office of public transportation of the air and transit division of the department administers Iowa Code chapter 324A.
“Emergency transportation” means transportation provided when life, health or safety is in danger, such as ambulance or law enforcement transportation.
“Incidental transportation” means transportation provided by an agency or entity when the driver must provide supervision, educational assistance or other support enroute and at the origin or destination. Transportation used merely to access other services is not incidental.
“Provider” means any recipient of direct or indirect, state, federal or local funds, including a public transit system, that provides or contracts for public transit services.
“Public school transportation” means passenger transportation provided by or for a legally organized Iowa public school district for school district purposes.
“Public transit service” means any publicly funded passenger transportation for the general public or for specific client groups not including public school transportation, emergency transportation or incidental transportation or transportation provided by the state department of human services or state department of corrections on the grounds of the following institutions:
State juvenile home, Toledo; 
State training school, Eldora; Cherokee mental health institute; Clarinda mental health institute; Independence mental health institute;
Mount Pleasant mental health institute; Glenwood state hospital-school; Woodward state hospital-school;
Iowa veterans home, Marshalltown; 
Iowa state penitentiary, Fort Madison; Iowa state men’s reformatory, Anamosa;
Iowa correctional institution for women, Mitchellville; Medium security unit, Mount Pleasant;
Riverview release center, Newton;
Iowa medical and classification center, Oakdale; North central correctional facility, Rockwell City; Correctional treatment unit, Clarinda.
“Public transit system” means one of the 35 systems established under Iowa Code chapter 324A. This rule is intended to implement Iowa Code section 324A.1.
761—910.2(17A) Information and location. Requests for forms or information about the coordination of public transit services shall be addressed to: Office of Public Transportation, Air and Transit Division, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone (515)233-7870.
This rule is intended to implement Iowa Code section 17A.3.
[Editorial change: IAC Supplement 2/23/11]

761—910.3(324A) Statewide transportation coordination advisory council.
910.3(1) Purpose. An  advisory  council  shall  be  formed  by  the  department  to  assist  with
implementation of the compliance reviews required by statute.  The council shall assist in the review
of information concerning the transportation operations of providers and advise the department as to

whether the provider should be found to be in compliance with the transportation coordination mandate of Iowa Code chapter 324A.
910.3(2) Advisory council. 
a.	Membership. Membership in the council shall at minimum include one representative from the
department of human services, one from the department on aging and one from the department. Other
state agencies as well as federal agencies and statewide private agencies funding local transportation services may also be granted membership.
b.	Chairperson. The director of transportation or the director’s representative shall serve as
chairperson of the council.
c.	Staff. Staff support for council activities shall be provided by the department’s office of public
transportation.
d.	Meetings. Meetings shall be held at least once each month and may be held more frequently if
necessary to enable the council to expeditiously discharge its duties.
910.3(3) Duties. The council shall:
a.	Review and make recommendations to the member agencies concerning guidelines and criteria
for the review process operated by the council.
b.   Provide the department with written recommendations for findings of compliance or noncompliance with the transportation coordination mandate of Iowa Code chapter 324A for individual providers based upon review of each provider’s request for certification.
c.     Upon request of a member agency, review all transportation components of funding applications or plans submitted by a recipient of the member agency.
d.    Advise and make recommendations to the department’s office of public transportation concerning public transportation policy.
This rule is intended to implement Iowa Code sections 324A.4 and 324A.5.
[Editorial change: IAC Supplement 2/23/11]

761—910.4(324A) Certification process.
910.4(1) Requirement for certification. All providers are required to request a certification of
compliance with the transportation coordination mandate of Iowa Code chapter 324A by submitting
the certification application form in the Appendix to this rule plus a copy of a certificate of insurance
1

or documentation of self-insurance.

Agencies that provide a mixture of public transit service and other

service shall request certification based on that part of their overall operation which is public transit service.
910.4(2) Form distribution.
a.	Recipients  of  state  or  state-administered  funds. Each  state  agency  in  its  own  funding
application or contract process shall require each recipient of funding to submit a request for certification
of compliance.
b.	Recipients  of  other  funds. The  department  shall  contact  local  governments  and  federal
agencies to determine whether they are funding any providers that are not funded through the state. The
department shall send to any providers identified in this way, or by other means, an explanation of the certification requirement and a copy of the certification request form in the Appendix.
910.4(3) Submission of request forms. 
a.	Recipients of state funds shall submit both the certification application and the certificate of
insurance forms annually to the funding agency.
b.     Recipients of funds from multiple sources may submit a single request form to all state funding sources if it covers all agency transportation functions.
c.	Providers not receiving any funds from state agencies shall return their completed forms within
20 working days of receipt.
d.     Agencies or organizations that receive a form from the department and believe that none of their services fit the definition of public transit services shall respond to the department within 20 working days of receipt, stating this belief and providing a brief description of any passenger transportation service they do provide and why it should not be considered public transit service.

910.4(4) Incomplete or unreturned request forms. 
a.	Forms submitted to a state funding agency as part of a funding application shall be reviewed
for completeness by that agency within 10 working days.
b.     Forms submitted directly to the department by its recipients or by providers not receiving state or state-administered funds shall be reviewed for completeness by the office of public transportation within 10 working days.
c.     The reviewing agency shall inform the provider in writing of any information deficiencies and allow 10 working days from receipt for submittal of missing information.
d.     Each state agency shall report to the council each case in which a provider has failed upon notification to supply the required information within the required time frame.
e.     All completed request forms submitted to state funding agencies shall be forwarded to the council staff within five working days after verifying completeness.
910.4(5) Processing requests. 
a.	The council staff shall evaluate completed requests based on the compliance standards found
in rule 910.5(324A) and make a recommendation for a finding of compliance or noncompliance to the council within 20 working days of receiving the completed request form.
b.     Ten working days prior to the council’s scheduled monthly meeting, the council staff shall distribute to each council member and to the respective providers a meeting agenda and copies of all compliance finding recommendations completed since the previous agenda mailing.
c.     At their monthly meeting the council shall consider the compliance finding recommendations of the staff and may accept the staff recommendations as their recommendations to the director of transportation, change the recommendations and provide a statement of reasons, or defer action pending further review.
d.     Upon consideration of the council recommendations, the department shall make a final finding of compliance or noncompliance and notify the provider and the state funding agency, if applicable, in writing of the department’s decision within five working days after the council meeting.
This rule is intended to implement Iowa Code section 324A.4.

1	See Appendix at end of Chapter 910.

761—910.5(324A) Standards for compliance. A provider shall be found compliant if the provider meets both of the following standards:
910.5(1) All vehicles used for the public transit services it provides or contracts for are insured for $1
million per accident for all hazards or the provider maintains a self-insurance fund adequate to provide
equivalent protection.
910.5(2) The provider:
a.	Purchases all services from a designated public transit system, or
b.     Operates all services open to the public under contract with and control of a designated transit system, or
c.	Purchases all services from a private-for-profit operator of public transit services, or
d.	Operates its own services which:
(1)   The designated public transit system is currently unable to provide, or
(2)   When considered as a whole using fully allocated costs, prove to be more economical than the purchase of equivalent services from the designated public transit system.
e.	Uses a combination of services in paragraphs “a,” “b,” “c,” and “d.”
This rule is intended to implement Iowa Code section 324A.4.
761—910.6(324A) Noncompliance. A provider shall be found noncompliant if:
910.6(1) The provider has not submitted required data upon expiration of either the original submittal
deadline or the additional ten-day grace period after written notification of deficiencies in an original
submittal.

910.6(2) The provider’s request for certification has been processed and the provider did not qualify
for a finding of compliance.
This rule is intended to implement Iowa Code section 324A.4.
761—910.7(324A) Noncompliant sanctions. A provider that is denied certification and continues the noncompliant activities for more than 30 days shall be subject to the penalties and sanctions specified in Iowa Code subsection 324A.5(3).
910.7(1) If the department of human services purchases services from the noncompliant provider,
the department’s office of public transportation shall notify the department of human services of the
noncompliant finding.
910.7(2) If the noncompliant provider is a recipient of public funds from other than the department
of human services, the department’s office of public transportation shall notify the proper authority as
required in Iowa Code subsection 324A.5(3).
This rule is intended to implement Iowa Code sections 324A.4 and 324A.5.

761—910.8(17A,324A) Revocation.
910.8(1) If certification is revoked, the air and transit division shall send a written notice of
revocation to the provider.
910.8(2) The affected public transit system, the provider and the air and transit division shall meet
within 10 days after the date of the revocation notice to determine an acceptable amendment of the
transportation services. The amendments which are agreed upon shall become effective within 60 days. The contract between the provider and the affected public transit system shall be amended, if necessary, to agree with the service changes.
910.8(3) If the transportation services are not timely amended, the air and transit division shall
initiate actions as required in Iowa Code subsection 324A.5(3).
This rule is intended to implement Iowa Code sections 17A.18 and 324A.5.

Appendix to rule 761—910.4(324A)

Date  	 FY  	

CERTIFICATION APPLICATION
State/Federal Administering Agency  	
I. GENERAL INFORMATION:
Agency Name: 	 Address: 	

Contact Person:                                                           Phone:(           )                                               
Service Area (counties):                                                                                                                                                                               Types of Clients:                                                                                                                                                                                           Types of Services:                                                                                                                                                                                       

Does agency provide transportation services? Yes  	No  	 Does agency use public funds for transportation?  Yes  		No  		
II. TRANSPORTATION ACTIVITIES:
Population groups served: Elderly  		Youth Economically Deprived  	Public  	 Persons with physical disabilities  	Persons with mental disabilities  	 Other  		
Describe others: 	

Services Accessed: Medical  	Day Care  	Shopping  	Nutrition  	Employment  	
Recreation  	Education/training  	Other social services 	 What percent of your transportation service (in terms of miles driven) is operated during the following time periods?
 	% weekdays +  	% evenings +  	% weekends = 100% Is any part of agency’s transportation purchased from an urban or regional transit system?
Yes  	No  	If yes, please indicate system:

III. AGENCY OPERATED VEHICLE FLEET:

Year/ Model	Seats/ Wheelchairs	Special
Equipment*	% Used for
Passengers	Average Monthly Ridership	Average Monthly Vehicle Miles	Owned/ Leased	

							

							

							

							

							

							

* Two-way radio, wheelchair lift, ramp, etc.

IV. FUNDING SOURCES USED FOR SUPPORT OF TRANSPORTATION:	Total $  	

Source	Federal	State	Local	Annual Total	
1.				$	
2.				$	
3.				$	
4.				$	
5.				$	
6.				$	
Total	————	————	————	$	

V. PURCHASE OF SERVICE (Contracts and Vendor Agreements):	Total $  	

	Average Monthly
Ridership	Average Monthly
Vehicle Miles	Projected Annual
Expenditures	
Taxi			$	
Intracity bus			$	
Regional/Urban
Transit System			$	
Other - specify			$	
Total	———-	———-	$	

VI. OPERATION OF OWN TRANSPORTATION SERVICE:	Total $  	

STAFF                                  Number                                 % of Time                              Projected Annual
Expenditures
Administrative                                                                                                                   $ Drivers                                                                                                                               $ Maintenance                                                                                                                     $ Professional                                                                                                                      $ Escorts                                                                                                                              $

Volunteers reimbursement

$	/mile	$

Other - specify			$ Subtotal	———-	———-	$

VEHICLE OPERATING COSTS                                                                  Projected Annual Expenditures
Fuel and oil                                                                                                  $ Maintenance and repair                                                                               $ Insurance                                                                                                     $ Licenses and fees                                                                                        $ Staff mileage reimbursement $     /mile                                                       $ Indirect cost or overhead                                                                             $ Other - specify                                                                                             $ Subtotal                                                                                                        $

PURCHASE OR LEASE OF VEHICLES AND SPECIAL EQUIPMENT

Vehicle
Type	No. to be
Leased	No. to be
Purchased	No. for
Replacement	No. for
Expansion	Special
Equipment	Projected
Annual Cost	
						$	
						$	
						$	
Subtotal	———-	———-	———-	———-	———-	$	

Note: The total funding in Section IV must equal the total expenditures in Section V plus Section VI. [Filed 3/8/85, Notice 1/16/85—published 3/27/85, effective 5/1/85] [Filed 2/20/86, Notice 1/1/86—published 3/12/86, effective 4/16/86] [Filed 5/11/87, Notice 3/11/87—published 6/3/87, effective 7/8/87] [Filed 11/3/88, Notice 9/21/88—published 11/30/88, effective 1/4/89] [Filed 1/15/92, Notice 12/11/91—published 2/5/92, effective 3/11/92]
[Filed emergency 7/1/92—published 7/22/92, effective 7/27/92]
[Filed 11/20/92, Notice 10/14/92—published 12/9/92, effective 1/13/93] [Filed 9/8/94, Notice 7/20/94—published 9/28/94, effective 11/2/94] [Editorial change: IAC Supplement 2/23/11]