CHAPTER 29
PLUMBING AND MECHANICAL SYSTEMS BOARD—
APPLICATION, LICENSURE, AND EXAMINATION
641—29.1(105) Definitions. For purposes of these rules, the following definitions shall apply:
“Applicable” means having relevance; appropriate.
“Apprentice” means any person, other than a helper, journeyperson, or master, who, as a principal occupation, is engaged in working as an employee of a plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic systems contractor under the supervision of either a master or a journeyperson and is progressing toward completion of an apprenticeship training program registered by the Office of Apprenticeship of the United States Department of Labor while learning and assisting in the design, installation, and repair of plumbing, HVAC, refrigeration, sheet metal, or hydronic systems, as applicable.
“Board” means the plumbing and mechanical systems board.
“Complete criminal record” means the complaint and judgment of conviction for each offense of which the applicant has been convicted, regardless of whether the offense is classified as a felony or a misdemeanor, and regardless of the jurisdiction in which the offense occurred.
“Contractor” means a person or entity that provides plumbing, mechanical, HVAC-refrigeration, or hydronic systems services on a contractual basis and who is paid a predetermined amount under that contract for rendering those services.
“Conviction” means a finding, plea, or verdict of guilt made or returned in a criminal proceeding, even if the adjudication of guilt is deferred, withheld, or not entered. “Conviction” includes Alford pleas and pleas of nolo contendere.
“Corresponding” means the same discipline.
“Department” means the Iowa department of public health.
“Directly relates” or “directly related”  means either that the actions taken in furtherance of an offense are actions customarily performed within the scope of practice of the profession; or that the circumstances under which an offense was committed are customary to the profession.
“Disconnect/reconnect plumbing technician specialty license” means a sublicense under a plumbing license to perform work from the appliance shutoff valve or fixture shutoff valve to the appliance or fixture and any part or component of the appliance or fixture, including the disconnection and reconnection of the existing appliance or fixture to the water or sewer piping and the installation of a shutoff valve no more than 3 feet from the appliance or fixture.
“Disqualifying conviction” or “disqualifying offense”  means a conviction directly related to the practice of the profession.
“Eligibility determination” means the process by which a person who has not yet submitted a completed license application may request that the board determine whether one or more of the person’s convictions are disqualifying offenses that would prevent the individual from receiving a license or certification.
“Emergency repairs” means the repair of water pipes to prevent imminent damage to property.
“Hearth systems specialty license” means a sublicense under an HVAC-refrigeration or mechanical license to perform work in the installation of gas burning and solid fuel appliances that offer a decorative view of the flames, from the connector pipe to the shutoff valve located within 3 feet of the appliance. This sublicense is further allowed to perform work in the venting systems, log lighters, gas log sets, fireplace inserts, and freestanding stoves.
“HVAC” means heating, ventilation, air conditioning, ducted systems, or any type of refrigeration used for food processing or preservation. “HVAC” includes all natural, propane, liquid propane, or other gas lines associated with any component of an HVAC system.
“Hydronic” means a heating or cooling system that transfers heating or cooling by circulating fluid through a closed system, including boilers, pressure vessels, refrigerated equipment in connection with chilled water systems, all steam piping, hot or chilled water piping together with all control devices and accessories, installed as part of, or in connection with, any heating or cooling system or appliance whose primary purpose is to provide comfort using a liquid, water, or steam as the heating or cooling media. “Hydronic” includes all low-pressure and high-pressure systems and all natural, propane, liquid propane, or other gas lines associated with any component of a hydronic system. For the purposes of this definition, “primary purpose is to provide comfort” means a system or appliance in which at least 51 percent of the capacity generated by its operation, on an annual average, is dedicated to comfort heating or cooling.
“Inactive license” means a license that is available for a plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic professional who is not actively engaged in running a business or working in the business in the corresponding discipline at that license level. An inactive license must be renewed prior to its expiration date. An inactive license is not valid for practice until the license is reactivated by the board.
“Journeyperson” means any person, other than a master, who, as a principal occupation, is engaged as an employee of, or otherwise working under the direction of, a master in the design, installation, and repair of plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic systems, as applicable.
“Lapsed license” means a license that expired prior to June 30, 2017, and was not renewed within 60 days following its expiration date or a license that expired on or after June 30, 2017, and was not renewed by the following August 31.  A lapsed license is no longer valid for practice.
“Licensee” means a person or entity licensed to operate as a contractor or work in the plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic disciplines or work as a certified medical gas system installer or work in the specialty license disciplines developed by the board.
“Master” means any person who works in the planning or superintending of the design, installation, or repair of plumbing, mechanical, HVAC, refrigeration, or hydronic systems and is otherwise lawfully qualified to conduct the business of plumbing, mechanical, HVAC, refrigeration, or hydronic systems, and who is familiar with the laws and rules governing the same.
“Mechanical systems” means HVAC, refrigeration, sheet metal, and hydronic systems.
“Medical gas system installer” means any person who installs or repairs medical gas piping, components, and vacuum systems, including brazers, who has been issued a valid certification from the National Inspection Testing Certification (NITC) Corporation, or an equivalent authority approved by the board.
“Plumbing” means all potable water building supply and distribution pipes, all plumbing fixtures and traps, all drainage and vent pipes, and all building drains and building sewers, storm sewers, and storm drains, including their respective joints and connections, devices, receptors, and appurtenances within the property lines of the premises, and including the connection to sanitary sewer, storm sewer, and domestic water mains. “Plumbing” includes potable water piping, potable water treating or using equipment, medical gas piping systems, fuel gas piping, water heaters and vents, including all natural, propane, liquid propane, or other gas lines associated with any component of a plumbing system.
“Reactivated license” means a license that is changed from inactive status to active status pursuant to rule 641—29.8(105).
“Refrigeration” means any system of refrigeration regardless of the level of power, if such refrigeration is intended to be used for the purpose of food processing and product preservation and is also intended to be used for comfort systems. “Refrigeration” includes all natural, propane, liquid propane, or other gas lines associated with any component of refrigeration.
“Reissued license” means a refrigeration or HVAC license that was changed to an HVAC-refrigeration license pursuant to rule 641—29.8(105). “Reissued license” also means an HVAC or refrigeration license and a hydronic license that was changed to a mechanical license pursuant to rule 641—29.8(105).
“Routine maintenance” means the maintenance, repair, or replacement of existing fixtures or parts of plumbing, mechanical, HVAC, refrigeration, sheet metal, or hydronic systems in which no changes in original design are made. Fixtures or parts do not include smoke and fire dampers or water, gas or steam piping permanent repairs except for traps or strainers. Routine maintenance shall include emergency repairs. “Routine maintenance” does not include the replacement of furnaces, boilers, cooling appliances, or water heaters more than 100 gallons in size.
“Service technician HVAC specialty license” means a sublicense under an HVAC-refrigeration or mechanical license to perform work from the appliance shutoff valve to the appliance and any part and component of the appliance, including the disconnection and reconnection of the existing appliance to the gas piping and the installation of a shutoff valve no more than 3 feet away from the appliance.
“Sheet metal” means heating, ventilation, air conditioning, pollution control, fume hood systems and related ducted systems or installation of equipment associated with any component of a sheet metal system. “Sheet metal” excludes refrigeration and electrical lines and all natural gas, propane, liquid propane, or other gas lines associated with any component of a sheet metal system.
“Surety bond” means a performance bond written by an entity licensed to do business in this state which guarantees that a contractor will fully perform the contract and which guarantees against breach of that contract.
[ARC 8530B, IAB 2/24/10, effective 1/26/10; ARC 9604B, IAB 7/13/11, effective 6/21/11; ARC 9849B, IAB 11/16/11, effective 12/21/11; ARC 1220C, IAB 12/11/13, effective 5/1/14; ARC 3061C, IAB 5/10/17, effective 6/14/17; ARC 5762C, IAB 7/14/21, effective 8/18/21]
641—29.2(105) Available licenses and general requirements. Effective January 1, 2011, all licenses issued by the board will be for a three-year period, except where a shorter or longer period is required or allowed by statute. Subject to the general requirements set forth herein and the minimum qualifications for licensure set forth in rule 641—29.4(105), the following licenses are available:
	29.2(1) Apprentice license. An applicant for an apprentice license shall:
	a. 	File an application and pay application fees in accordance with 641—29.5(105).
	b. 	Be enrolled in an applicable apprentice program which is registered with the United States Department of Labor Office of Apprenticeship.
	c. 	Certify that the applicant will work under the supervision of a licensed journeyperson or master in the applicable discipline by providing the department with the United States Department of Labor Office of Apprenticeship identification number and sponsor identification number.
	d. 	If the applicant currently holds an active specialty license, place the specialty license on inactive status as specified in 641—subrule 23.8(3).
	29.2(2) Journeyperson license.
	a. 	An applicant for a journeyperson license shall:
	(1)	File an application and pay application fees in accordance with rule 641—29.5(105).
	(2)	Pass the state journeyperson licensing examination in the applicable discipline. An individual who has passed both the journeyperson HVAC-refrigeration examination and the journeyperson hydronic examination separately shall be qualified to be issued a journeyperson mechanical license without having to pass the journeyperson mechanical examination.
	(3)	Provide the board with evidence that the applicant has completed at least four years of practical experience as an apprentice. Commencing January 1, 2010, the four years of practical experience required by this paragraph must be an apprenticeship training program registered by the United States Department of Labor Office of Apprenticeship. Documentation must be submitted on a form provided by the board.
	b. 	Notwithstanding the journeyperson licensure requirements set forth in paragraph 29.2(2)“a,” an applicant who possesses a master level license and who seeks a journeyperson license in the same discipline shall file an application and pay application fees in accordance with rule 641—29.5(105).
	29.2(3) Master license. An applicant for a master license shall:
	a. 	File an application and pay application fees in accordance with rule 641—29.5(105).
	b. 	Pass the state master licensing examination for the applicable discipline. An individual who has passed both the master HVAC-refrigeration examination and the master hydronic examination separately shall be qualified to be issued a master mechanical license without having to pass the master mechanical examination.
	c. 	Provide the board with evidence that the applicant:
	(1)	Has previously been licensed as a master in the applicable discipline; or
	(2)	Has previously been licensed as a journeyperson in the applicable discipline and has at least two years of journeyperson experience in the applicable discipline.
	29.2(4) Contractor license. An applicant for a contractor license shall:
	a. 	File an application and pay application fees in accordance with rule 641—29.5(105). Effective May 1, 2017, the application shall include the fee for a three-year contractor registration as specified in 875—Chapter 150.
	(1)	Through June 30, 2017, the application shall include the applicant’s state contractor registration number.
	(2)	Effective July 1, 2017, the application shall include proof of workers’ compensation insurance coverage, proof of unemployment insurance compliance and, for out-of-state contractors, a bond as described in Iowa Code chapter 91C.
	(3)	Effective July 1, 2017, contractor licensure under Iowa Code chapter 105 shall constitute registration as a contractor under Iowa Code chapter 91C.
	b. 	Provide the board with evidence that the applicant maintains a permanent place of business.
	c. 	Provide the board with evidence of a public liability insurance policy issued by an entity licensed to do business in this state with a minimum coverage amount of $500,000 and:
	(1)	If the applicant operates the contractor business as a sole proprietorship, provide the board with evidence that the applicant personally obtained the policy, or
	(2)	If the applicant operates the contractor business as an employee or owner of a legal entity, provide the board with evidence that the insurance policy is obtained by the entity and that the insurance covers all plumbing or mechanical work performed by the entity.
	d. 	Provide the board with evidence of a surety bond issued by an entity licensed to do business in this state in a minimum amount of $5,000 and:
	(1)	If the applicant operates the contractor business as a sole proprietorship, provide the board with evidence that the applicant personally obtained the surety bond, or
	(2)	If the applicant operates the contractor business as an employee or owner of a legal entity, provide the board with evidence that the surety bond was obtained by the entity and that the surety bond covers all plumbing or mechanical work performed by the entity.
	e. 	Provide a certificate to the board that the public liability insurance policy required under paragraph 29.2(4)“c” and the surety bond required under paragraph 29.2(4)“d” shall not be canceled without the entity first giving ten days’ written notice to the board.
	f. 	Provide the board with evidence that the applicant holds an active master license or employs at least one person who holds an active master license issued under Iowa Code chapter 105 for each discipline in which the applicant performs chapter 105-covered work.
	29.2(5) Active journeyperson license/inactive master license combination. An applicant for an active journeyperson license and an inactive master license in the same discipline shall:
	a. 	File an application and pay application fees for both an active journeyperson license and an inactive master license in accordance with rule 641—29.5(105).
	b. 	Provide the board with evidence that the applicant meets the requirements for master licensure under subrule 29.2(3).
	c. 	Provide evidence that the applicant is not performing plumbing, mechanical, HVAC-refrigeration, or hydronic work for which a master license is required.
	d. 	Acknowledge awareness that the applicant is unable to perform any plumbing, mechanical, HVAC-refrigeration, or hydronic work for which a master license is required so long as the applicant’s master license is held in inactive status.
	29.2(6) Inactive license. An applicant for an inactive license that does not fall within subrule 29.2(5) shall:
	a. 	File an application and pay application fees in accordance with rule 641—29.5(105).
	b. 	Provide the board with evidence that the applicant meets the requirements for licensure under rule 641—29.2(105) at the applicable licensure level.
	c. 	Provide the board with evidence that the applicant is not actively engaged working in the plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic disciplines for which licensure is required.
	d. 	Acknowledge awareness that the applicant is unable to perform any plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic work for which licensure is required so long as the applicant’s license is held in inactive status.
	29.2(7) Service technician HVAC specialty license. An applicant for a service technician HVAC specialty license shall:
	a. 	File an application and pay application fees in accordance with rule 641—29.5(105).
	b. 	Provide the board with evidence that:
	(1)	The applicant possesses a valid certification from North American Technician Excellence, Inc. or an equivalent authority approved by the board, or
	(2)	The applicant completed a Service Technician Associate degree or equivalent educational or similar training approved by the board.
	29.2(8) Disconnect/reconnect plumbing technician specialty license. An applicant for a disconnect/reconnect plumbing technician specialty license shall:
	a. 	File an application and pay application fees in accordance with rule 641—29.5(105).
	b. 	Provide the board with evidence that:
	(1)	The applicant is receiving or has previously received industry training to perform work covered under this specialty license, or
	(2)	The applicant completed a Service Technician Associate degree or equivalent educational or similar training approved by the board.
	29.2(9) Private school or college routine maintenance specialty license. An applicant for a private school or college routine maintenance specialty license shall:
	a. 	File an application and pay application fees in accordance with rule 641—29.5(105).
	b. 	Provide the board with evidence that the applicant is currently employed by a private school or college.
	c. 	Provide the board with evidence that the applicant is performing routine maintenance within the scope of employment with the private school or college.
	29.2(10) Hearth systems specialty license. An applicant for a hearth systems specialty license shall:
	a. 	File an application and pay application fees in accordance with rule 641—29.5(105).
	b. 	Provide the board with evidence that the applicant possesses a valid certification issued by the National Fireplace Institute or equivalent authority approved by the board.
[ARC 8530B, IAB 2/24/10, effective 1/26/10; ARC 9604B, IAB 7/13/11, effective 6/21/11; ARC 9849B, IAB 11/16/11, effective 12/21/11; ARC 1220C, IAB 12/11/13, effective 5/1/14;  see Note 2 at end of chapter; ARC 3061C, IAB 5/10/17, effective 6/14/17; ARC 5762C, IAB 7/14/21, effective 8/18/21]
641—29.3(105) Medical gas piping certification. The following certification is required for a person who performs work as a medical gas system installer. An applicant for a medical gas certificate shall:
	29.3(1) File an application and pay applicable fees.
	29.3(2) Possess valid certification from the National Inspection Testing Certification (NITC) Corporation, or an equivalent authority approved by the board. Documentation must be submitted on a form provided by the board.
[ARC 8530B, IAB 2/24/10, effective 1/26/10; ARC 5762C, IAB 7/14/21, effective 8/18/21]
641—29.4(105) Minimum qualifications for licensure. The following minimum requirements shall apply to all licenses issued after July 1, 2008.
	29.4(1) An applicant for any type of license must be at least 18 years old.
	29.4(2) Effective January 1, 2010, all apprentice applicants must have completed a high school education or attained GED equivalent.
[ARC 8530B, IAB 2/24/10, effective 1/26/10; ARC 1220C, IAB 12/11/13, effective 5/1/14; see Delay note at end of chapter; ARC 5762C, IAB 7/14/21, effective 8/18/21]
641—29.5(105) General requirements for application for licensure. The following criteria shall apply to application for licensure.
	29.5(1) On-line or paper application.
	a. 	An applicant shall complete a board-approved application either on-line or on a paper application according to instructions contained in the application.
	b. 	Applications can be completed online or on a paper application. Paper applications are available to download from the board website or from the board office by writing to: Plumbing and Mechanical Systems Board, Iowa Department of Public Health, 312 E.	12th Street, 5th Floor, Des Moines, Iowa 50319-0075, or by calling 1-866-280-1521.
	29.5(2) Fees. In order to be processed, each application must be accompanied by the appropriate fees as determined by the board. All fees are nonrefundable.
	a. 	On-line application fees shall be paid by credit card only.
	b. 	A paper application shall be accompanied by the appropriate fees payable by check or money order to the Iowa Plumbing and Mechanical Systems Board.
	29.5(3) Applicant responsibilities. An applicant for an initial license or license renewal bears full responsibility for each of the following:
	a. 	Paying all fees charged by regulatory authorities, state or national testing or credentialing organizations, and educational institutions providing the information required to complete a license, certification, or renewal application;
	b. 	Providing accurate, up-to-date, and truthful information on the application form including, but not limited to, prior professional experience, education, training, criminal history, and disciplinary history; and
	c. 	Submitting complete application materials. An application for a license or certification or renewal of a license or certification will be considered active for 90 days from the date the application is received. For purposes of establishing timely filing, the postmark on a paper submittal will be used and, for applications submitted online, the date of the electronic time stamp will be used. If the applicant does not submit all materials within this time period or if the applicant does not meet the requirements for the license or certification, the application shall be considered incomplete and shall be destroyed.
	29.5(4) No application will be considered by the board without the appropriate verifiable documentation. An applicant must submit the following verifiable documentation:
	a. 	A passing score for a discipline-appropriate examination provided by the testing vendor under contract with the board, when testing is required for a license.
	b. 	Verification that the applicant has met the minimum requirements as defined in 641—29.4(105) and the established employment experience criteria for each type of license.
	c. 	Documentation of the applicant’s complete criminal record, including the applicant’s personal statement regarding whether each offense directly relates to the practice of the profession. No application shall be considered complete unless and until the applicant responds to board requests for additional information regarding the applicant’s complete criminal record.
[ARC 8530B, IAB 2/24/10, effective 1/26/10; ARC 1220C, IAB 12/11/13, effective 5/1/14; ARC 3061C, IAB 5/10/17, effective 6/14/17; ARC 5762C, IAB 7/14/21, effective 8/18/21]
641—29.6(105) Examination.
	29.6(1) An applicant for licensure as a plumbing or mechanical system professional that requires a state licensing examination must successfully pass the licensing examination for the discipline.
	a. 	The examination will be administered by the board-approved vendor.
	b. 	The board shall approve the specific examination to be used for each license type.
	c. 	Rescinded IAB 2/24/10, effective 1/26/10.
	29.6(2) Examination requirements.
	a. 	The examination will be written and proctored by a testing agency selected by the board.
	b. 	The examination will be offered periodically during the year. The time and location will rotate between multiple sites in the state of Iowa, as determined by the department, with approval of the board.
	c. 	The examination will not be subject to review by applicants. The testing vendor shall, upon request from an applicant, provide information about the sections that the applicant failed, but shall not provide an applicant access to actual examination questions or answers. Any fees associated with the review process will be assessed by and payable to the testing vendor. The applicant is responsible for paying all associated examination fees.
	d. 	A score of 75 percent or better will be considered passing.
	29.6(3) Examination application requirements.
	a. 	An applicant shall complete and submit a board-approved examination application either on-line or on a paper application a minimum of 15 business days prior to taking an examination. An applicant shall complete the application form according to instructions contained in the application.
	b. 	Examination applications can be completed online or on a paper application. Paper applications are available to download from the board website or from the board office by writing to: Plumbing and Mechanical Systems Board, Iowa Department of Public Health, 312 E.	12th Street, 5th Floor, Des Moines, Iowa 50319-0075, or by calling 1-866-280-1521.
	c. 	Fees. In order to be processed, each application must be accompanied by the appropriate fees as determined by the board. All fees are nonrefundable.
	(1)	On-line examination application fees shall be paid by credit card only.
	(2)	A paper examination application shall be accompanied by the appropriate fees payable by check or money order to the Iowa Plumbing and Mechanical Systems Board.
	d. 	No application will be considered by the board without the appropriate verifiable documentation.
	e. 	The applicant will be notified and issued an examination entrance letter upon approval of the examination application.
	f. 	If the applicant is notified that the application is incomplete, the applicant must contact the board office within 90 days. The board may be contacted at: Plumbing and Mechanical Systems Board, Iowa Department of Public Health, 312 E.	12th Street, 5th Floor, Des Moines, Iowa 50319, or by calling 1-866-280-1521.
	g. 	Incomplete applications shall be considered invalid and after 90 days shall be destroyed.
	h. 	Examination fees shall be payable directly to the board-approved testing vendor.
	(1)	All transactions shall be the responsibility of the applicant and testing vendor.
	(2)	The board shall not be held responsible for refunds from the testing vendor.
	i. 	An applicant shall present current photo identification in order to sit for the examination.
	j. 	An applicant for licensure by examination who does not pass the examination within one year from the original application date will be required to submit a new application.
	k. 	A master examination applicant shall not receive permission to sit for a master examination unless the applicant establishes that the applicant:
	(1)	Has previously been licensed as a master in the applicable discipline; or
	(2)	Has previously been licensed as a journeyperson in the applicable discipline and has at least two years of journeyperson experience in the applicable discipline.
	l. 	A journeyperson examination applicant may apply to sit for the examination up to 6 months prior to completion of the 48 months of required apprentice credit, which shall include the granting of advanced standing or credit for previously acquired experience, training, or skills.
	29.6(4) Expiration of passing examination score. An applicant who successfully passes an examination must apply for licensure in the applicable discipline at the applicable discipline level within two years of notification that the applicant successfully passed the examination. A passing examination score shall expire if the applicant fails to apply for licensure within the two-year period as set forth herein, and the applicant shall be required to successfully retake said examination to become licensed in the applicable discipline at the applicable discipline level.
[ARC 8530B, IAB 2/24/10, effective 1/26/10; ARC 9604B, IAB 7/13/11, effective 6/21/11; ARC 9849B, IAB 11/16/11, effective 12/21/11; ARC 1220C, IAB 12/11/13, effective 5/1/14; ARC 3061C, IAB 5/10/17, effective 6/14/17; ARC 5762C, IAB 7/14/21, effective 8/18/21]
641—29.7(105) License renewal.
	29.7(1) Renewal period. The period of licensure to operate as a contractor or work as a master, journeyperson or apprentice in the plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic disciplines or work as a certified medical gas system installer or work in the specialty license disciplines developed by the board shall be for a period of three years, except as allowed or required in circumstances described in this subrule.
	a. 	All licenses issued or renewed on or after July 1, 2014, shall expire on June 30 every three years, beginning with June 30, 2017.
	b. 	Licensees with a renewal date that falls from July 1, 2014, through June 29, 2017, shall have the license renewal fee prorated using a one-sixth deduction for each six-month period following July 1, 2014. Applicable late renewal fees shall apply during this period. Licenses renewed through June 29, 2017, shall be issued with an expiration date of June 30, 2017.
	c. 	Fees for new licenses issued after the July 1 beginning of each three-year renewal cycle shall be prorated using a one-sixth deduction for each six-month period of the renewal cycle.
	d. 	A licensee whose license expires between June 30, 2014, and July 1, 2017, may voluntarily renew the license early so the license may have an expiration date of June 30, 2017. This voluntary early renewal may happen at any time on or after July 1, 2014. Notwithstanding any shortened compliance period, licensees who renew their licenses between June 30, 2014, and July 1, 2017, shall meet all of the continuing education requirements that would otherwise be required at both the July 1, 2017, renewal and the prior renewal.
	29.7(2) Renewal notification.
	a. 	Through December 31, 2016, the board shall send a renewal notice by regular mail to each licensee at the address on record at least 60 days prior to the expiration of the license. After December 31, 2016, the board shall cease this practice.
	b. 	The licensee is responsible for renewing the license prior to its expiration.
	c. 	Failure of the licensee to receive the notice does not relieve the licensee of the responsibility for renewing the license.
	29.7(3) Specific renewal requirements.
	a. 	Active and inactive apprentice, specialty, journeyperson, and master licenses. An apprentice, specialty, journeyperson, or master licensee seeking renewal shall:
	(1)	Submit an application for renewal either electronically or on the forms provided by the board office.
	(2)	Meet the continuing education requirements as set forth in rule 641—30.2(105), unless no continuing education is required as specified in 641—subrule 23.8(3), 30.2(2), or 30.6(1).
	(3)	Include the appropriate fee as specified in 641—Chapter 28. A penalty shall be assessed by the board for late renewal, as specified in 641—Chapter 28.
	b. 	Medical gas piping certification holders. A medical gas piping certification holder seeking renewal shall:
	(1)	Submit an application for renewal either electronically or on the forms provided by the board office.
	(2)	Provide evidence that the person has maintained valid certification issued from the National Inspection Testing Certification (NITC) Corporation or an equivalent authority approved by the board.
	(3)	Include the appropriate fee as specified in 641—Chapter 28.
	c. 	Contractor licenses. Beginning with the July 1, 2017, renewal and each renewal thereafter, renewal of the contractor license shall constitute registration as a contractor under Iowa Code chapter 91C. A contractor licensee seeking renewal shall:
	(1)	Submit an application for renewal on the forms provided by the board office. Licensees may renew their licenses online or via paper application.
	(2)	Include evidence of professional liability insurance and a surety bond required by subrule 29.2(4).
	(3)	As specified in 875—Chapter 150, include proof of workers’ compensation insurance coverage, proof of unemployment insurance compliance and, for out-of-state contractors, a bond as described in Iowa Code chapter 91C.
	(4)	Include the appropriate license fee as specified in 641—Chapter 28. A penalty shall be assessed by the board for late renewal, as specified in 641—Chapter 28.
	(5)	Include the fee for a three-year contractor registration as specified in 875—Chapter 150.
	29.7(4) Complete and timely filed application. No renewal application shall be considered timely and sufficient until received by the board office and accompanied by all material required for renewal and all applicable renewal and late fees. Incomplete applications will not be accepted. For purposes of establishing timely filing, the postmark on a paper submittal will be used and, for renewals submitted online, the date of the electronic time stamp will be used.
	29.7(5) Late renewal. A licensee shall have a one-month grace period after the expiration date of the license to renew without payment of a late fee.
	a. 	A licensee who seeks to renew more than one month but less than two months after the license expiration date may renew upon payment of the late fee in the amount specified in 641—Chapter 28 in addition to the renewal fee.
	b. 	A license remains valid for practice for up to two months past the expiration date of the license. After two months, the license shall lapse and become invalid for practice until the license is reinstated.
	29.7(6) Reinstatement. A person seeking reinstatement of a lapsed license must submit an application for reinstatement electronically or on the forms provided by the board office and include all required documentation and fees.
	a. 	A licensee who allows a license to lapse for more than two months but not more than 365 days may reinstate and renew the license upon payment of the late penalty fee in the amount specified in 641—Chapter 28 in addition to the renewal fee. A specialty, journeyperson or master licensee must also meet the continuing education requirements as set forth in rule 641—30.2(105), unless no continuing education is required as specified in 641—subrule 23.8(3), 30.2(2), or 30.6(1).
	b. 	A person holding a specialty, journeyperson or master license who allows the license to lapse for more than one year may reinstate and renew the license by providing evidence of one of the following:
	(1)	For a journeyperson or master licensee, retaking and successfully passing the applicable licensing examination; or
	(2)	Retaking and successfully completing all continuing education requirements as set forth in rule 641—30.2(105) for each renewal period in which the license was not timely renewed.
	c. 	A contractor licensee seeking reinstatement of a license that has been lapsed for more than one year may reinstate and renew the license by submitting evidence of meeting the requirements specified in subrule 29.7(3) and payment of any required fees.
	d. 	A licensee who reinstates and renews a lapsed license shall not be entitled to a prorated renewal fee.
[ARC 8530B, IAB 2/24/10, effective 1/26/10; ARC 9604B, IAB 7/13/11, effective 6/21/11; ARC 9849B, IAB 11/16/11, effective 12/21/11; ARC 0340C, IAB 10/3/12, effective 11/7/12; ARC 1220C, IAB 12/11/13, effective 5/1/14; ARC 3061C, IAB 5/10/17, effective 6/14/17; ARC 5762C, IAB 7/14/21, effective 8/18/21]
641—29.8(105) License reissue. Each reissued license shall be for the same level of license held by the licensee at the time of renewal. Beginning July 1, 2014, upon renewal, licenses shall be reissued as follows:
	29.8(1) An individual who holds a refrigeration license shall be reissued an HVAC-refrigeration license; an individual who holds an HVAC license shall be reissued an HVAC-refrigeration license.
	29.8(2) An individual who holds an HVAC license and a hydronic license shall be reissued a mechanical license.
	29.8(3) An individual who holds a refrigeration license and a hydronic license shall be reissued a mechanical license.
	29.8(4) An individual who holds a refrigeration license or an HVAC license and has passed the board-designated hydronics test prior to June 30, 2014, shall be reissued a mechanical license.
	29.8(5) An individual who holds only a hydronics license shall be reissued a hydronics license.
[ARC 8783B, IAB 6/2/10, effective 5/10/10; ARC 1220C, IAB 12/11/13, effective 5/1/14; ARC 5762C, IAB 7/14/21, effective 8/18/21]
641—29.9(105) Waiver from examination for military service. The written examination requirements and prior experience requirements set forth in Iowa Code sections 105.18(2)“b”(1) and 105.18(2)“c” shall be waived for a journeyperson license or master license if the applicant meets all of the following requirements:
	29.9(1) Is an active or retired member of the United States military.
	29.9(2) Provides documentation that the applicant was deployed on active duty during any portion of the time period of July 1, 2008, through December 31, 2009.
	29.9(3) Provides documentation that shows the applicant has previously passed an examination which the board deems substantially similar to the examination for a journeyperson license or a master license, as applicable, issued by the board, or provides documentation that shows the applicant has previously been licensed by a state or local government jurisdiction in the same trade and trade level.
[ARC 9604B, IAB 7/13/11, effective 6/21/11; ARC 9849B, IAB 11/16/11, effective 12/21/11; ARC 5762C, IAB 7/14/21, effective 8/18/21]
641—29.10(105) Reactivation of an inactive license.
	29.10(1) An inactive license is not valid for practice but must be renewed in accordance with rule 641—29.7(105). If an inactive license has not been timely renewed and becomes lapsed, the requirements for reinstatement of the license must be met. A person with an inactive license that is not lapsed who is seeking to reactivate the license shall:
	a. 	Submit a written request to the board office for active license status; and
	b. 	Pay the fee for an active license in the amount specified in 641—Chapter 28.
	29.10(2) A licensee whose license was reactivated during the current renewal compliance period may use continuing education credit earned during the compliance period for the first renewal period following reactivation.
[ARC 3061C, IAB 5/10/17, effective 6/14/17; ARC 5762C, IAB 7/14/21, effective 8/18/21]
641—29.11(105) Review of applications.
	29.11(1) Upon receipt of a completed application, the board executive officer or designee has discretion to:
	a. 	Authorize the issuance of the license, certification, or examination application.
	b. 	Refer the application to a committee of the board for review and consideration when the board executive officer determines that matters raised in or revealed by the application are relevant in determining the applicant’s qualifications for a license, certification, or examination. Matters that may justify referral to a committee of the board include, but are not limited to:
	(1)	Prior criminal history, which is reviewed and considered in accordance with Iowa Code chapter 272C and rule 641—29.13(105).
	(2)	Chemical dependence.
	(3)	Competency.
	(4)	Physical or psychological illness or disability.
	(5)	Judgments entered on, or settlements of, claims, lawsuits, or other legal actions related to the profession.
	(6)	Professional disciplinary history.
	(7)	Education or experience.
	29.11(2) Following review and consideration of an application referred by the board executive officer, the committee may at its discretion:
	a. 	Authorize the issuance of the license, certification, or examination application.
	b. 	Recommend to the board denial of the license, certification, or examination application.
	c. 	Recommend to the board issuance of the license or certification under certain terms and conditions or with certain restrictions.
	d. 	Refer the license, certification, or examination application to the board for review and consideration without recommendation.
	29.11(3) Following review and consideration of a license, certification, or examination application referred by the committee, the board shall:
	a. 	Authorize the issuance of the license, certification, or examination application;
	b. 	Deny the issuance of the license, certification, or examination application; or
	c. 	Authorize the issuance of the license or certification under certain terms and conditions or with certain restrictions.
	29.11(4) The committee or board may require an applicant to appear for an interview before the committee or the full board as part of the application process.
[ARC 3061C, IAB 5/10/17, effective 6/14/17; ARC 5762C, IAB 7/14/21, effective 8/18/21]
641—29.12(105) Grounds for denial of an application. The board may deny an application for license, certification, or examination for any of the following reasons:
	1.	Failure to meet the requirements for license, certification, or examination as specified in these rules.
	2.	Failure to provide accurate and truthful information, or the omission of material information.
	3.	Pursuant to Iowa Code section 105.22, upon any of the grounds for which licensure may be revoked or suspended.
This rule is intended to implement Iowa Code section 105.22.
[ARC 3061C, IAB 5/10/17, effective 6/14/17; ARC 5762C, IAB 7/14/21, effective 8/18/21]
641—29.13(105) Use of criminal convictions in eligibility determinations and initial licensing decisions.
	29.13(1) License application. Unless an applicant for licensure petitions the board for an eligibility determination, the applicant’s convictions will be reviewed when the board receives a completed license application.
	a. 	Full disclosure required. An applicant must disclose all convictions on a license application. Failure to disclose all convictions is grounds for license denial or disciplinary action following license issuance.
	b. 	Documentation and personal statement. An applicant with one or more convictions must submit the complete criminal record for each conviction and a personal statement regarding whether each conviction directly relates to the practice of the profession in order for the license application to be considered complete.
	c. 	Rehabilitation. An applicant must as part of the license application submit all evidence of rehabilitation that the applicant wishes to be considered by the board. The board may deny a license if the applicant has a disqualifying offense, unless the applicant demonstrates by clear and convincing evidence that the applicant is rehabilitated pursuant to Iowa Code section 272C.15. An applicant with one or more disqualifying offenses who has been found rehabilitated must still satisfy all other requirements for licensure.
	d. 	Nonrefundable fees. Any application fees will not be refunded if the license is denied.
	29.13(2) Eligibility determination. An individual who has not yet submitted a completed license application may petition the board for an eligibility determination. An individual with a conviction is not required to petition the board for an eligibility determination before applying for a license. To petition the board for an eligibility determination, a petitioner must submit all of the following:
	a. 	A completed eligibility determination form, which is available on the board’s website;
	b. 	The complete criminal record for each of the petitioner’s convictions;
	c. 	A personal statement regarding whether each conviction directly relates to the practice of the profession and why the board should find the petitioner is rehabilitated;
	d. 	All evidence of rehabilitation that the petitioner wants the board to consider; and
	e. 	Payment of a nonrefundable fee in the amount of $25.
	29.13(3) Appeal. A petitioner found ineligible or an applicant denied a license because of a disqualifying offense may appeal the decision in the manner and time frame set forth in the board’s written decision. A timely appeal will initiate a nondisciplinary contested case proceeding. The board’s rules governing nondisciplinary contested case proceedings apply unless otherwise specified in this rule. If the petitioner fails to timely appeal, the board’s written decision will become a final order.
	a. 	Presiding officer. The presiding officer will be the board. However, any party to an appeal of a license denial or ineligibility determination may file a written request, in accordance with rule 641—33.10(17A), requesting that the presiding officer be an administrative law judge. Additionally, the board may, on its own motion, request that an administrative law judge be assigned to act as presiding officer. An administrative law judge assigned to act as presiding officer in a nondisciplinary contested case proceeding under this rule must possess a juris doctorate degree. When an administrative law judge serves as the presiding officer, the decision rendered will be a proposed decision.
	b. 	Burden. The office of the attorney general shall represent the board’s initial ineligibility determination or license denial and shall have the burden of proof to establish that the petitioner’s or applicant’s convictions include at least one disqualifying offense. Upon satisfaction of this burden by a preponderance of the evidence by the office of the attorney general, the burden of proof shall shift to the petitioner or applicant to establish rehabilitation by clear and convincing evidence.
	c. 	Judicial review. A petitioner or applicant must appeal an ineligibility determination or a license denial in order to exhaust administrative remedies. A petitioner or applicant may only seek judicial review of an ineligibility determination or license denial after the issuance of a final order following a contested case proceeding. Judicial review of the final order following a contested case proceeding shall be in accordance with Iowa Code chapter 17A.
	29.13(4) Future petitions or applications. If a final order determines a petitioner is ineligible, the petitioner may not submit a subsequent petition for eligibility determination or a license application prior to the date specified in the final order. If a final order denies a license application, the applicant may not submit a subsequent license application or a petition for eligibility determination prior to the date specified in the final order.
[ARC 5762C, IAB 7/14/21, effective 8/18/21]
These rules are intended to implement Iowa Code sections 105.2, 105.5, 105.9, 105.18, 105.19, 105.20, 105.22, 272C.3, and 272C.15.
[Filed emergency 12/23/08 after Notice 11/5/08—published 1/14/09, effective 1/1/09]
[Filed Emergency After Notice ARC 8530B (Notice ARC 8362B, IAB 12/2/09), IAB 2/24/10, effective 1/26/10]
[Filed Emergency ARC 8783B, IAB 6/2/10, effective 5/10/10]
[Filed Emergency ARC 9604B, IAB 7/13/11, effective 6/21/11]
[Filed ARC 9849B (Notice ARC 9612B, IAB 7/13/11), IAB 11/16/11, effective 12/21/11]
[Filed ARC 0340C (Notice ARC 0043C, IAB 3/21/12), IAB 10/3/12, effective 11/7/12]
[Filed ARC 1220C (Notice ARC 0934C, IAB 8/7/13), IAB 12/11/13, effective 5/1/14]1
[Editorial change: IAC Supplement 12/24/14]2
[Filed ARC 3061C (Notice ARC 2903C, IAB 1/18/17), IAB 5/10/17, effective 6/14/17]
[Filed ARC 5762C (Notice ARC 5477C, IAB 2/24/21), IAB 7/14/21, effective 8/18/21]
1	May 1, 2014, effective date of ARC 1220C, Item 12 [rescission of 29.4(3)], delayed until the adjournment of the 2014 General Assembly by the Administrative Rules Review Committee at its meeting held January 10, 2014.
2	641—paragraph 29.2(4)“d” editorially reinstated IAC Supplement 12/24/14.