661—235.1(101A) Definitions. Definitions set forth in Iowa Code section 101A.1 are incorporated herein by reference. For purposes of these rules, the following definitions also apply:
“Actual possession” means when a person is in immediate possession or control of explosive materials (e.g., an employee who physically handles explosive materials as part of the production process; or an employee, such as a blaster, who actually uses explosive materials).
“Applicant” means an individual employed by a commercial explosive contractor or person associated with a commercial explosive contractor who meets the definition of “employee possessor” or “responsible person” as defined in this chapter.
“Commercial explosive blaster” or “blaster” means any individual who conducts blasting or is in charge of or responsible for loading or detonation of any explosive material.
“Commercial explosive contractor” or “contractor” means any business whose employees are engaged in the manufacture, importation, distribution, sale, or commercial use of explosives in the course of their employment.
“Constructive possession” means when an employee lacks direct physical control over explosive materials but exercises dominion and control over the explosive materials, either directly or indirectly through others (e.g., an employee at a construction site who keeps keys for magazines in which explosive materials are stored, or who directs the use of explosive materials by other employees; or an employee transporting explosive materials from a licensee to a purchaser).
“Employee possessor” means an individual who has actual or constructive possession of explosive materials during the course of the individual’s employment.
“Offense directly relates” refers to either of the following:
	1.	The actions taken in furtherance of an offense are actions customarily performed within the scope of practice of a licensed profession.
	2.	The circumstances under which an offense was committed are circumstances customary to a licensed profession.
“Responsible person” means an individual who has the power to direct the management and policies of the commercial explosive contractor pertaining to explosive materials. For example, responsible persons generally include sole proprietors and explosives facility site managers. In the case of a corporation, association, or similar organization, responsible persons generally include corporate directors and officers, as well as stockholders who have the power to direct management and policies.
[ARC 7871C, IAB 4/17/24, effective 5/22/24]