The Human Services Department hereby proposes to amend Chapter 73, “Managed Care,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 249A.4 and 2018 Iowa Acts, Senate File 2418, section 128.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 249A.4 and 2018 Iowa Acts, Senate File 2418, section 128.Purpose and Summary    This proposed amendment allows advanced registered nurse practitioners (ARNPs) and physician assistants (PAs) to be primary care providers with a managed care organization (MCO).Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217). Public Comment    Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on February 19, 2019. Comments should be directed to: Harry Rossander Bureau of Policy Coordination Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: policyanalysis@dhs.state.ia.usPublic Hearing    No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making action is proposed:

    The Iowa Board of Respiratory Care and Polysomnography hereby proposes to amend Chapter 262, “Continuing Education for Respiratory Care Practitioners and Polysomnographic Technologists,” and Chapter 265, “Practice of Respiratory Care Practitioners and Polysomnographic Technologists,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 148G.5, 152B.6, and 272C.4.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 148G.5, 152B.6, and 272C.4.Purpose and Summary    The proposed amendments to the continuing education rules allow licensees to earn more hours toward license renewal via independent study. The current rules only allow licensees to earn 10 of the 24 hours required for renewal via independent study. The proposed amendments increase to 12 the number of hours licensees can earn via independent study. The proposed amendment to Chapter 265 sets minimum standards for the provision of respiratory care services being delivered via telehealth. The proposed rule sets the expectation that respiratory care services provided via telehealth shall meet the same standard of care as in-person respiratory care. The proposed rule also requires licensees to ensure telehealth services are provided via secure means and patients are educated on the risks and limitations associated with services provided via electronic means. Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment    Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board no later than 4:30 p.m. on February 19, 2019. Comments should be directed to: Tony Alden Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.281.4401 Fax: 515.281.3121 Email: tony.alden@idph.iowa.govPublic Hearing    A public hearing at which persons may present their views orally or in writing will be held as follows: February 19, 2019 8 to 9 a.m. Fifth Floor Board Conference Room 526 Lucas State Office Building Des Moines, Iowa     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.    Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    The Department of Transportation hereby proposes to amend Chapter 181, “Statewide Standard for Permitting Certain Implements of Husbandry,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 307.12.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 321.463(4).Purpose and Summary    This proposed amendment updates subrule 181.1(2) to reference the 2018 edition of the American Association of State Highway and Transportation Officials Manual for Bridge Evaluation.  This manual is used by local authorities to evaluate bridges when issuing special permits for certain implements of husbandry with a weight in excess of the weights allowed under Iowa Code chapter 321. The proposed amendment, which updates the edition of the manual, will allow engineers to use the most current information for the evaluation of bridges. The dynamic load allowance sections of the manual, sections 6A.4.4.3 and 6A.4.5.5, referenced in Chapter 181 remain unchanged between manual editions. Other changes in section 6 of the manual are nonsubstantive.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.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. Public Comment    Any interested person may submit written comments concerning this proposed rule making or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on February 19, 2019. Comments should be directed to: Tracy George Department of Transportation DOT Rules Administrator, Strategic Communications and Policy 800 Lincoln Way Ames, Iowa 50010 Email: tracy.george@iowadot.usPublic Hearing    A public hearing to hear requested oral presentations will be held as follows: February 21, 2019 1 p.m. Department of Transportation Administration Building First Floor, South Conference Room 800 Lincoln Way Ames, Iowa     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.    Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George, the Department’s rules administrator, and advise of specific needs.    The public hearing will be canceled without further notice if no oral presentation is requested. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making action is proposed:

    The Department of Transportation hereby proposes to amend Chapter 520, “Regulations Applicable to Carriers,” Chapter 529, “For-Hire Interstate Motor Carrier Authority,” and Chapter 607, “Commercial Driver Licensing,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 307.12, 321.188, 321.449 and 321.450.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 321.188, 321.449 and 321.450.Purpose and Summary    The proposed amendments are part of the regular, annual update by the Department to adopt the most recent updates to the federal regulations published by the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration.    Iowa Code section 321.188 requires the Department to adopt rules to administer commercial driver’s licenses in compliance with certain portions of 49 Code of Federal Regulations (CFR) Part 383.    Iowa Code section 321.449 requires the Department to adopt rules consistent with the Federal Motor Carrier Safety Regulations (FMCSR) promulgated under United States Code, Title 49, and found in 49 CFR Parts 385 and 390 to 399.      Iowa Code section 321.450 requires the Department to adopt rules consistent with the Federal Hazardous Materials Regulations (HMR) promulgated under United States Code, Title 49, and found in 49 CFR Parts 107, 171 to 173, 177, 178 and 180.    Commercial vehicles transporting goods in interstate commerce are subject to the FMCSR on the effective dates specified in the Federal Register (FR). Commercial vehicles transporting hazardous materials in interstate commerce or transporting certain hazardous materials intrastate are subject to the HMR on the effective dates specified in the FR.  The adoption of the federal regulations by the Department will extend the enforcement of the regulations to commercial vehicles operated intrastate unless exempted by statute.    The proposed amendments to Chapter 520 adopt the current CFR dated October 1, 2018, for 49 CFR Parts 107, 171 to 173, 177, 178, 180, 385 and 390 to 399.    The proposed amendment to Chapter 529 adopts the current CFR dated October 1, 2018, for 49 CFR Parts 365 to 368 and 370 to 379.       The proposed amendment to Chapter 607 adopts the current CFR dated October 1, 2018, for certain portions of 49 CFR Part 383.    Proposed federal regulations are published in the FR to allow a period for public comment, and after adoption, the final regulations are published in the FR.    To ensure the consistency required by statute, the Department adopts the specified parts of 49 CFR as adopted by the United States Department of Transportation.    The following paragraphs provide a specific description of the amendments to the FMCSR and the HMR that have become final and effective since the 2018 edition of the CFR and that affect Chapters 520, 529 and 607:    Amendments to the FMCSR and Federal HMR    Part 367 (FR Vol. 83, No. 4, Pages 605-613, 01-05-18)    This final rule establishes reductions in the annual registration fees collected from motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies for the Unified Carrier Registration Plan and Agreement for the registration years 2018 and 2019 and subsequent years. For the 2018 registration year, the fees will be reduced below the current level by approximately 9.10 percent to ensure that fee revenues do not exceed the statutory maximum and to account for the excess funds held in the depository. For the 2019 registration year and subsequent years, the fees will be reduced below the current level by approximately 4.55 percent to ensure the fee revenues in 2019 and future years do not exceed the statutory maximum. Effective date: January 5, 2018.     Parts 370, 371, 373, 375, 376, 378-380, 382, 387, 390, 391, 395, 396, and 398 (FR Vol. 83, No. 73, Pages 16210-16228, 04-16-18)    This final rule amends the FMCSR to allow the use of electronic records and signatures to satisfy FMCSA’s regulatory requirements. The amendments permit the use of electronic methods to generate, certify, sign, maintain, or exchange records so long as the documents accurately reflect the required information and can be used for their intended purpose. This rule applies only to those documents that FMCSA’s regulations obligate entities or individuals to retain; it does not apply to forms or other documents that must be submitted directly to FMCSA unless there are already procedures in place in the regulations for electronic submission to FMCSA. This rule partially implements the Government Paperwork Elimination Act and the Electronic Signatures in Global and National Commerce Act. Effective date: June 15, 2018.    Parts 350, 360, 365, 373, 380, 382-385, 387, 390, 393, and 395-398 (FR Vol. 83, No. 96, Pages 22865-22882, 05-17-18)    This final rule amends FMCSR by making technical corrections. FMCSA makes minor changes to correct inadvertent errors and omissions, remove or update obsolete references, ensure conformity with Office of the Federal Register style guidelines, and improve the clarity and consistency of certain regulatory provisions. Effective date:  June 18, 2018.    Parts 370, 371, 373, 375, 376, 378, 379, 380, 382, 387, 390, 391, 395, 396, and 398 (FR Vol. 83, No. 102, Page 24228, 05-25-18)    This final rule corrects the electronic documents and signatures final rule published on April 16, 2018, that amended FMCSR to allow the use of electronic records and signatures to satisfy FMCSA’s regulatory requirements. This document corrects an amendatory instruction, removes two extra commas at the end of two phrases, and adds “of this section” to a cross reference in a paragraph. Finally, FMCSA rescinds its January 4, 2011, interpretations and regulatory guidance. Effective date: June 15, 2018.    Part 373 (FR Vol. 83, No. 110, Page 26374, 06-07-18)    This final rule corrects the technical corrections final rule published on May 17, 2018, that amended FMCSR to make minor changes to correct inadvertent errors and omissions, remove or update obsolete references, ensure conformity with Office of the Federal Register style guidelines, and improve the clarity and consistency of certain regulatory provisions. This document corrects an amendatory instruction. Effective date: June 18, 2018.     Parts 390 and 391 (FR Vol. 83, No. 112, Pages 26846-26864, 06-11-18)    This final rule amends FMCSR to establish an alternative process for qualified advanced practice nurses, doctors of chiropractic, doctors of medicine, doctors of osteopathy, physician assistants, and other medical professionals who are employed in the U.S. Department of Veterans Affairs (VA) and are licensed, certified, or registered in a state to perform physical examinations (qualified VA examiners) to be listed on FMCSA’s National Registry of Certified Medical Examiners (National Registry), as required by the Fixing America’s Surface Transportation (FAST) Act and the Jobs for Our Heroes Act. After successful completion of online training and testing developed by FMCSA, these qualified VA examiners will become certified VA medical examiners who can perform medical examinations of, and issue medical examiner’s certificates to, commercial motor vehicle operators who are military veterans enrolled in the VA health care system. This rule will reduce the costs for qualified VA examiners to be listed on the National Registry. Effective date: August 10, 2018.     Parts 172, 173, and 180 (FR Vol. 83, No. 117, Pages 28162-28168, 06-18-18)    This final rule is in response to appeals submitted to a previously published final rule. On June 2, 2016, the Pipeline and Hazardous Materials Safety Administration published a final rule that made miscellaneous amendments to the HMR.  This final rule specifically responds to appeals to extend the effective date of certain nitric acid packaging and emergency response telephone number amendments as previously adopted. This final rule also clarifies amendments associated with the trigger date of the ten-year test period for certain motor carrier 331 cargo tanks in dedicated propane service and corrects editorial errors. Effective date: July 18, 2018.     Parts 383, 384, and 391 (FR Vol. 83, No. 120, Pages 28774-28783, 06-21-18)    This interim final rule amends FMCSR to delay the compliance date from June 22, 2018, to June 22, 2021, for several provisions of FMCSA’s April 23, 2015, Medical Examiner’s Certification Integration final rule. This action is being taken to provide FMCSA additional time to complete certain information technology system development tasks for its National Registry and provide state driver’s licensing agencies sufficient time to make the necessary information technology programming changes after upgrades to the National Registry. Effective date: June 21, 2018.     Part 391 (FR Vol. 83, No. 182, Pages 47486-47521, 09-19-18)    This final rule revises FMCSR to permit individuals with a stable insulin regimen and properly controlled insulin-treated diabetes mellitus (ITDM) to be qualified to operate commercial motor vehicles (CMVs) in interstate commerce. Previously, individuals with ITDM were prohibited from driving CMVs in interstate commerce unless the individuals obtained an exemption from FMCSA. This rule enables a certified medical examiner to grant an individual with ITDM a Medical Examiner’s Certificate, MCSA-5876, for up to a maximum of 12 months. To do so, the treating clinician (the health care professional who manages and prescribes insulin for the treatment of the individual’s diabetes) provides the Insulin-Treated Diabetes Mellitus Assessment Form MCSA-5870 to the certified medical examiner indicating that the individual maintains a stable insulin regimen and proper control of the individual’s diabetes. The certified medical examiner then determines that the individual meets FMCSA’s physical qualifications standards and can operate CMVs in interstate commerce. Effective date: November 19, 2018.     Parts 360, 380, 382, 385, 390, 391, and 395-397 (FR Vol. 83, No. 188, Pages 48721-48726, 09-27-18)    This final rule makes technical corrections throughout the FMCSR. FMCSA makes minor changes to correct inadvertent errors and omissions, remove or update obsolete references, and improve the clarity and consistency of certain regulatory provisions. Effective date: September 27, 2018.     Parts 383 and 384 (FR Vol. 83, No. 189, Pages 48964-48976, 09-28-18)    This final rule allows, but does not require, state driver’s licensing agencies to waive the requirement of the commercial learner’s permit knowledge test for certain individuals who are, or were, regularly employed within the last year in a military position that requires, or required, the operation of a CMV. This rule includes the option for a state driver’s licensing agency to waive the tests required for a passenger carrier (P) endorsement, tank vehicle (N) endorsement, or hazardous material (H) endorsement, with proof of training and experience. Effective date: November 27, 2018. Fiscal Impact    The fiscal impact cannot be determined. The federal regulations proposed to be adopted by this rule making were subject to fiscal impact review by either the Federal Motor Carrier Safety Administration or the Pipeline and Hazardous Materials Safety Administration when the regulations were enacted and were determined not to be cost-prohibitive. Jobs Impact    The proposed amendments may have a slight impact on motor carrier operations. However, the amendments should not negatively impact jobs or employment opportunities because the amendments align the rules to federal regulations and bring uniformity and consistency to the industry, which should have a positive impact on employment. Waivers    Various portions of the federal regulations and Iowa statutes allow some exceptions when the exceptions will not adversely impact the safe transportation of commodities on the nation’s highways. Granting additional exceptions for drivers and the motor carrier industry in Iowa would adversely impact the safety of the traveling public in Iowa. Public Comment    Any interested person may submit written comments concerning this proposed rule making or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on February 19, 2019. Comments should be directed to: Tracy George Department of Transportation DOT Rules Administrator, Strategic Communications and Policy 800 Lincoln Way Ames, Iowa 50010 Email: tracy.george@iowadot.usPublic Hearing    A public hearing to hear requested oral presentations will be held as follows: February 21, 2019 10 a.m. Department of Transportation Motor Vehicle Division 6310 SE Convenience Boulevard Ankeny, Iowa     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.    Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George, the Department’s rules administrator, and advise of specific needs.     The public hearing will be canceled without further notice if no oral presentation is requested. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    The Utilities Board hereby terminates the rule making initiated by its Notice of Intended Action published in the Iowa Administrative Bulletin on March 14, 2018, as ARC 3674C, proposing to amend Chapter 22, “Service Supplied by Telephone Utilities,” Iowa Administrative Code. Legal Authority for Rule Making    The above-mentioned rule making is terminated under the authority provided in Iowa Code sections 17A.4, 17A.7, 476.2 and 476.91.Purpose and Summary    This rule making terminates the proposed rule making that would have implemented rate caps on charges that may be assessed to inmates in Iowa correctional facilities and inmates’ families for local and intrastate telephone calls. On January 2, 2019, the Board issued an order terminating rule making. The order is available on the Board’s electronic filing system, efs.iowa.gov, under Docket No. RMU-2017-0004.Reason for Termination    An Amended Notice of Intended Action was published in the Iowa Administrative Bulletin on May 9, 2018, as ARC 3773C in order to allow for a public hearing (oral presentation) at which public comment could be received. The public hearing was held on July 10, 2018. The Office of Consumer Advocate (OCA), a division of the Iowa Department of Justice; Securus Technologies, Inc. (Securus); and Telespan Communications, Inc.; and NCIC Inmate Telephone Services (collectively, Petitioners) participated at the hearing.    At the public hearing, OCA affirmed its commitment to the proposed rule, stating the rule would provide uniform and predictable call conditions for inmates and their families. Petitioners also affirmed their support for the rule, arguing the rule is in line with policies implemented in a number of states and the rates would be sufficient to cover the costs of providing services. Petitioners further contended that the rule would not impact competition for inmate calling rate services and that any company may seek a waiver of the rate caps should the caps prevent a company from recovering its costs. Securus argued the rule was unnecessary, stating the current alternative operator service provider tariff review process covers most inmate calling service providers in the state. Securus contended that, should the Board continue with the rule, the Board should collect and analyze provider costs to determine the appropriate cap.    Pursuant to the authority of Iowa Code section 17A.4(1)“b,” the Board has terminated the proposed rule making. First, there is an increasing movement, both in Iowa and across the nation, to remove telecommunications regulations to reflect a more competitive marketplace. Correctional facilities have choices as to both the provider and services offered to inmates and have significant ability to control the rates ultimately charged to inmates based on the services selected and the site payments included in the contract. In addition, most companies providing inmate calling rate services in Iowa qualify as alternative operator service companies, which are subject to Board regulation. These companies must file tariffs with the Board for review and approval, which provides a flexible process to review the terms and costs of service. Finally, the Board finds there is insufficient evidence to support the rate caps proposed in the rule.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

    The Agriculture and Land Stewardship Department hereby amends Chapter 58, “Noxious Weeds,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 317.1C.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 317.Purpose and Summary    The amendments add definitions and establish two priority lists of noxious weeds. One list identifies the noxious weeds for eradication, and the other list identifies the noxious weeds for control.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 5, 2018, as ARC 4151C. A public hearing was held on December 26, 2018, at 9 a.m. in the Wallace State Office Building, Des Moines, Iowa. No comments were received at the public hearing.    Ten written comments were received.  The comments were generally supportive of the proposed amendments.  Some commenters suggested specific changes to the lists of noxious weeds. In response to feedback received during the public comment period, rule 21—58.4(317) in Item 2 was changed from the Notice to ensure species of thistles belonging to the genus of Cirsium were not classified as Class B noxious weeds unless the thistles were specifically enumerated, such as Canada thistle and Bull thistle.    In addition, references to 2018 Iowa Acts, House File 2422, have been replaced with references to the Iowa Code as the provisions of House File 2422 have been codified.Adoption of Rule Making    This rule making was adopted by the Department on January 10, 2019.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 6, 2019.    The following rule-making actions are adopted:

    The Agriculture and Land Stewardship Department hereby amends Chapter 76, “Meat and Poultry Inspection,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 189A.7.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 189A and section 159.5.Purpose and Summary    The amendments update references to federal regulations in order to retain recognition of the state meat and poultry program. The federal regulations relate to roasting chickens, trichinae destruction requirements and canned meats. The Food Safety and Inspection Service (FSIS) amended federal meat inspection regulations to eliminate the requirements for both ready-to-eat and not-ready-to-eat pork and pork products to be treated to destroy trichinae because the regulations are inconsistent with the Hazard Analysis and Critical Control Point (HACCP) regulations, and because these regulations are no longer necessary. FSIS also ended its Trichinella Approved Laboratory Program for evaluation of non-federal laboratories that analyze samples for the presence of trichinae. FSIS also consolidated regulations on thermally processed, commercially sterile meat and poultry products (canned meat and poultry).Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 5, 2018, as ARC 4150C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Department on January 10, 2019.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 6, 2019.    The following rule-making actions are adopted:

    The Iowa Energy Center Board hereby adopts new Chapter 404, “Iowa Energy Center Grant Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 15.106A and 15.120.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 15.120.Purpose and Summary    2017 Iowa Acts, chapter 169, created new Iowa Code section 15.120 and transferred the Iowa Energy Center from Iowa State University to the Economic Development Authority. Pursuant to Iowa Code section 15.120, the Iowa Energy Center Board is directed to oversee programs, including grant programs, established by the Iowa Energy Center and to adopt rules for the administration of the Iowa Energy Center and its programs.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 5, 2018, as ARC 4149C. No public comments were received. The Energy Center Board made the following changes to improve the clarity of the rule making. In rule 261—404.1(15), “energy center” was changed to “Iowa energy center.” In paragraph 404.6(4)“a,” “pilots” was changed to “pilot projects.”Adoption of Rule Making    This rule making was adopted by the Board on January 9, 2019.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 6, 2019.    The following rule-making action is adopted:

    The Iowa Energy Center Board hereby adopts new Chapter 405, “Alternate Energy Revolving Loan Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 15.120.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 15.120 and 476.46.Purpose and Summary    2017 Iowa Acts, chapter 169, amended Iowa Code section 476.46 and transferred the administration of the Alternate Energy Revolving Loan Program (AERLP) to the Iowa Energy Center created under Iowa Code section 15.120. Iowa Code section 15.120 requires the Iowa Energy Center Board to adopt rules for the administration of the Center’s programs.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 5, 2018, as ARC 4148C. The Authority received one public comment on subrule 405.2(1). The commenter expressed that the minimum loan amount appeared to be too high and suggested a minimum loan amount of $10,000 or $15,000 so smaller projects would be able to apply. The Energy Center Board made the following changes to improve the clarity of the rule making. In subrule 405.6(5), two instances of “the” were changed to “each.” In paragraph 405.7(9)“b,” “action” was changed to “other action.” In paragraph 405.7(9)“d,” “collection” was changed to “debt collection.”Adoption of Rule Making    This rule making was adopted by the Board on January 9, 2019.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 6, 2019.    The following rule-making action is adopted:

    The Inspections and Appeals Department hereby amends Chapter 61, “Minimum Physical Standards for Nursing Facilities,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 10A.104(5) and 135C.14.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 10A.104(5) and 135C.14.Purpose and Summary    This rule making adopts the 2018 Guidelines for Design and Construction of Residential Health, Care, and Support Facilities, published by the Facility Guidelines Institute (FGI) as the minimum design and construction standards for nursing facilities licensed under Iowa Code chapter 135C. The design requirements and recommendations presented in the guidelines have moved away from institutional models to foster development of facilities offering person-centered living environments that support a variety of care models and add to the quality of life for residents. The guidelines help organizations and designers create homelike physical environments that support positive resident outcomes.    Currently, Chapter 61 refers to the 2010 edition of the guidelines for nursing facilities. Adoption of this rule making provides consistency in the design and construction standards of nursing facilities licensed pursuant to Iowa Code chapter 135C. Additionally, most architects and engineers use the most current edition of the FGI Guidelines when designing new facilities.    The Facility Guidelines Institute is an independent, not-for-profit organization dedicated to developing guidance for the planning, design, and construction of hospitals, outpatient facilities, and residential health, care, and support facilities. The FGI updates its guidelines every four years to reflect the changing needs of residents being cared for in nursing facilities.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 5, 2018, as ARC 4162C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    The State Board of Health reviewed the proposed amendments at its November 14, 2018, meeting, and subsequently approved this rule making at its January 9, 2019, meeting. This rule making was adopted by the Department on January 9, 2019.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. The Department does not believe that the proposed amendments impose any financial hardship on any regulated entity, body, or individual.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 6, 2019.    The following rule-making actions are adopted:

    The Iowa Finance Authority hereby amends Chapter 27, “Military Service Member Home Ownership Assistance Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 16.5.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 16.54.Purpose and Summary    This rule making amends Chapter 27 by adding the definition of “manufactured home” and amending the definition of “qualified home” to exclude requirements that the manufactured home be attached to a permanent foundation and be taxed as real estate.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 26, 2018, as ARC 4028C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Authority on January 9, 2019.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 6, 2019.    The following rule-making actions are adopted:

    The Board of Pharmacy hereby amends Chapter 4, “Pharmacist-Interns,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 147.76 and 155A.6.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 155A.6.Purpose and Summary    The amendment clarifies that a pharmacist, when supervising a pharmacist-intern for the purpose of internship, shall supervise no more than two pharmacist-interns concurrently.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 24, 2018, as ARC 4091C. The Board received comments from the Iowa Pharmacy Association as well as from members of the Administrative Rules Review Committee. Both expressed the same concerns of potential misuse of pharmacist-interns if there were no limit on the number of pharmacist-interns under pharmacist supervision.    In response to the concerns, the Board changed the amendment to retain the limit of supervising no more than two pharmacist-interns and added language to clarify that the limit relates to when the pharmacist-intern is engaged in the activities of a pharmacist-intern for the purpose of internship.Adoption of Rule Making    This rule making was adopted by the Board on January 9, 2019.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs can be determined.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 6, 2019.    The following rule-making action is adopted:

    The Board of Pharmacy hereby amends Chapter 5, “Pharmacy Support Persons,” Chapter 7, “Hospital Pharmacy Practice,” and Chapter 8, “Universal Practice Standards,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 124.301 and 147.76.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 124.301, 124.303, 124.306, 124.308, 126.10, 126.11, 155A.6A to 155A.7, 155A.13, 155A.15, 155A.27, 155A.28, 155A.31 to 155A.36, 155A.38, 155A.41, 155A.43 and 155A.44.Purpose and Summary    Pursuant to Iowa Code section 17A.7(2), the Board conducted an overall review of Chapter 7 of its administrative rules. The amendments update requirements for references to be consistent with recent Board action for other practice settings, provide clarification where needed, reorganize where appropriate, remove the requirement that the hospital’s approved drug formulary be included in the pharmacy’s policies and procedures, add documentation requirements related to the pharmacy’s accountability of stock supplies of controlled substances previously required in Chapter 10, update language relating to outpatient automated dispensing systems to use a general term rather than a specific industry brand product, clarify that outpatient automated dispensing systems do not qualify for a unique pharmacy license, and update storage requirements for records to be consistent with recent Board action for other practice settings. The amendments also update cross references in Chapters 7 and 8 where needed.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 26, 2018, as ARC 4029C.     The Board received comments from the National Association of Chain Drug Stores (NACDS) and the Iowa Pharmacy Association (IPA). NACDS, while overall supportive and appreciative of the “common sense updates,” requested that the Board consider extending the deadline by which a pharmacy must retrieve records from an offsite location from 48 hours to 72 hours. Since the Board has four other administrative rules that require the production of records within 48 hours after a Board request, the Board determined that the suggestion should be considered in relation to all applicable rules at a later time. The comments from IPA included two suggested changes. It was suggested to remove the clarifier “long-acting antipsychotic” as it relates to the use of samples in the hospital setting. The Board declined to make this change. The second suggestion was to slightly modify the language relating to the use of medications stocked into an outpatient point-of-care automated dispensing system, which modification the Board agreed with.    The only change from the Notice is found in subrule 7.12(4), where the phrase “prepackaged, pharmacist-verified medications” was changed to “prepackaged medications verified by authorized pharmacy personnel.”Adoption of Rule Making    This rule making was adopted by the Board on January 9, 2019.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 6, 2019.    The following rule-making actions are adopted:

    The Board of Pharmacy hereby amends Chapter 8, “Universal Practice Standards,” and Chapter 13, “Telepharmacy Practice,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 147.76, 147.80 and 155A.13.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 147.80, 155A.13 and 155A.26.Purpose and Summary    These amendments provide clearer language relating to the required distance between a proposed telepharmacy site and a currently licensed pharmacy that provides prescription drugs to outpatients, consistent with language found in the Iowa Code, which pharmacy may be another licensed telepharmacy; require a pharmacy which intends to change license type to submit an application and establish that the pharmacy may be subject to an inspection by a Board compliance officer prior to issuance of the new license; implement a late penalty fee for late submission of a license change application; and authorize the Board to collect a fee for a written verification of a pharmacy license.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 24, 2018, as ARC 4092C. The Board received comments from one pharmacist as well as from the Iowa Pharmacy Association (IPA). The pharmacist suggested that the Board additionally require a telepharmacy applicant to identify on its application the name of the nearest pharmacy that provides prescription home delivery to the town in which the telepharmacy is proposed. The Board declined this suggestion because telepharmacy applications are considered by the Board in open session during which any affected party is welcome to provide comment about the proposed telepharmacy location. IPA requested that the Board adopt language that would eliminate the distance requirement for two telepharmacies. The Board declined this suggestion, because the Iowa Code sets the distance requirement for the operation of telepharmacy locations. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on January 9, 2019.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 6, 2019.    The following rule-making actions are adopted:

    The Board of Pharmacy hereby amends Chapter 10, “Controlled Substances,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 124.201 and 124.201A.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 124.201A.Purpose and Summary    This rule making temporarily places into Schedule V of the Iowa Uniform Controlled Substances Act any drugs approved by the U.S. Food and Drug Administration (FDA) which contain cannabidiol (CBD) derived from cannabis and no more than 0.1 percent tetrahydrocannabinols (THC).Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 24, 2018, as ARC 4086C. This rule making was also adopted and filed emergency and published in the Iowa Administrative Bulletin as ARC 4085C on the same date. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on January 9, 2019.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 6, 2019, at which time the Adopted and Filed Emergency amendment is hereby rescinded.    The following rule-making action is adopted:

    The Board of Pharmacy hereby amends Chapter 39, “Expanded Practice Standards,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 147.76 and 155A.46.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 155A.46 and 2018 Iowa Acts, Senate File 2322, section 8.Purpose and Summary    These amendments establish that a pharmacist may participate in a statewide protocol developed by the Board in consultation with the Department of Public Health; establish the minimum requirements for participation in statewide protocols, including required pharmacist training and education and required notification to the patient’s primary care provider of the product dispensed pursuant to the statewide protocol; require that the continuing education for immunization administration be approved by the Accreditation Council for Pharmacy Education (ACPE) with the specific topic designator of “06” for pharmacists; and identify a repeal date for vaccine administration by pharmacists via a physician-signed protocol in compliance with 2018 Iowa Acts, Senate File 2322, section 8.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 24, 2018, as ARC 4096C.     The Board received three comments from the public. The Iowa Pharmacy Association (IPA) strongly encouraged the Board to be less prescriptive of requirements in rule and to instead include such requirements, such as minimum training and education for participation, in a statewide protocol directly. The Board appreciates the concern related to potential delays in implementing new statewide protocols as they become legislatively authorized due to rule making but also appreciates the input and feedback that comes through the rule-making review process, including from the Governor’s office, the Administrative Rules Review Committee, and the general public, particularly since these statewide protocols are being newly implemented in Iowa. The Health & Safety Institute (HSI) requested that the Board consider amended language that includes basic life support training provided by HSI for the minimum requirement of CPR training of pharmacists providing immunizations. The Board agreed to amend language that does not specify particular training providers but instead identifies the general minimum components of an acceptable training program. A third comment was received from an Iowa pharmacist who stated that pharmacists should be required to report the administration of influenza vaccines to the statewide immunization registry. The Board declined to make any changes from the proposed amendments in response to that comment since Iowa Code section 155A.44, which provides for the affected rule (relating to immunizations pursuant to a physician-signed protocol), will be repealed July 1, 2019, and the rule does not prohibit a pharmacist from voluntarily reporting influenza administrations to the statewide registry if one so chooses. The pharmacist also recommended that the continuing education requirement for participation in the naloxone statewide protocol be expanded to require repeat education each renewal period. The Board declined this suggestion to maintain consistency with current rules relating to a pharmacist’s participation in the statewide standing order to dispense naloxone.    As noted, the Board amended language relating to the training programs for basic life support to provide the core required elements of a program rather than identify specific providers.Adoption of Rule Making    This rule making was adopted by the Board on January 9, 2019.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs can be determined.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 6, 2019.    The following rule-making actions are adopted:

    The Department of Transportation hereby amends Chapter 602, “Classes of Driver’s Licenses,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 321.194.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 321.194.Purpose and Summary    This rule making updates Chapter 602 to align with existing legal authority and Department practice. The amendments conform the rules with 2018 Iowa Acts, House File 2494, sections 5 to 7, which amended Iowa Code section 321.194 and concern the requirements for obtaining a minor’s school license, most notably for students who attend an accredited nonpublic school (i.e., private school).    Prior to July 1, 2018, Iowa Code section 321.194, which governs minors’ school licenses, was directed toward students attending public schools and did not address minors’ school license issuance for students attending private schools. Specifically, the language that previously existed in Iowa Code section 321.194 tied the distance a student using a minor’s school license could drive to school district boundaries and required approval for the license by certain public school officials. Because private schools do not have a traditional school district like public schools and do not necessarily have the same types of school officials as public schools (for example, a private school may employ a school president rather than a principal), the 2018 legislative changes were made to address these disparities by establishing a geographic boundary that applies to private school students and accounting for private school officials that differ from public school officials. The legislative changes provide that a student attending a private school is limited to driving no more than a 25-mile driving distance between the student’s residence and school and that the appropriate private school official has the responsibility to sign the certificate of necessity for the minor’s school license, and the amendments reflect the statutory requirements.    Iowa Code section 321.194 provides that a student must take and complete an approved driver education course before obtaining a minor’s school license, unless the student qualifies for a hardship exemption, and authorizes the Department to establish rules specifically defining hardship and establishing procedures for demonstrating hardship. The hardship exemption is found in subrule 602.26(3), and the amendment allows the exemption to be signed by an appropriate school official of the school district of residence or of the applicant’s school, depending on whether the applicant attends a public school or an accredited nonpublic school. Subrule 602.26(3) has always applied to both public and private school students; however, prior to this amendment, only a public school official could sign the hardship exemption. This process created an extra step for private school students by causing the student to have to request assistance from a school which was not necessarily familiar with the student.    The amendments also incorporate the 25-mile driving distance restriction for a private school student who drives from multiple residences if the student’s parents are divorced or separated. Public school students may drive from multiple residences only if the primary and secondary residences are located within the public school district of enrollment or a contiguous public school district. The amendments similarly allow a private school student to drive from multiple residences provided the student’s primary and secondary residences are no more than a 25-mile driving distance from the school of enrollment.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 5, 2018, as ARC 4161C. No public comments or requests for oral presentations were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Department on January 9, 2019.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.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.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 6, 2019.    The following rule-making actions are adopted:

    The Utilities Board hereby amends Chapter 8, “Civil Penalties,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 474.5 and 476.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 476.51, 476.103, 476A.14, 478.29, 479.31 and 479B.21.Purpose and Summary    The purpose of this rule making is to update and amend the Board’s rules establishing procedures for assessing civil penalties. Specifically, the Board has revised the rules to reference the statutory sections that authorize the Board to assess civil penalties; clarify that the Board may assess civil penalties for willful and nonwillful violations of the statutes, Board rules, or Board orders; require filing a request for civil penalties electronically in the Board’s electronic filing system; and provide that the Board will schedule a hearing based upon the circumstances of the violation.    The Board issued an order on December 28, 2018, adopting amendments. The order provides a full discussion of the proposed amendments and is available on the Board’s electronic filing system, efs.iowa.gov, under Docket No. RMU-2016-0023.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 20, 2018, as ARC 3851C. An oral presentation was held on July 24, 2018, at 2:30 p.m. in the Board Hearing Room, 1375 East Court Avenue, Des Moines, Iowa.    The Office of Consumer Advocate (OCA), a division of the Iowa Department of Justice; Interstate Power and Light Company (IPL); MidAmerican Energy Company; Black Hills Energy; and Board staff participated in the oral presentation.  Comments were received concerning proposed subrule 8.1(1); OCA stated it was no longer suggesting any changes to the definition of “willful” other than what was currently proposed in the Notice of Intended Action.  OCA stated it would oppose extending the definition of “willful” in 8.1(1) to the other subrules.  IPL stated it would like the last sentence in subrule 8.1(1) to be removed and a definition of “willful” to be added that would apply to rule 199—8.1(476,476A,478,479,479B).  Board staff stated that the specific definition of “willful” was added to subrule 8.1(1) because the definition is specifically discussed in Iowa Code section 476.51 and not in the other civil penalty statutes.  OCA stated that the word “rule” should be changed to “chapter” in rule 199—8.5(476,476A,478,479,479B).  No other changes suggested by the parties were made.    The Board changed the word “rule” to “chapter” in rule 199—8.5(476,476A,478,479,479B).  No other changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on December 28, 2018.Fiscal Impact    These amendments update and amend existing rules that are required to be followed for requests for civil penalties. No additional actions having a fiscal impact are being adopted. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    No waiver provision is included in these amendments since the Board has a general waiver provision in rule 199—1.3(17A,474,476) that provides procedures for requesting a waiver of the rules in Chapter 8. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 6, 2019.    The following rule-making actions are adopted:

    The Utilities Board hereby amends Chapter 18, “Utility Records,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 17A.4, 476.2 and 476.9.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 476.9, 476.31 and 546.7.Purpose and Summary    The purpose of this rule making is to update and amend the Board’s rules regarding access and retention of utility records. The amendments are designed to update references to utility record standards and update the scope of utilities subject to the provisions of the chapter. The dates of federal regulations are updated so that whatever a regulated utility files with a federal agency is also filed with the Board. On December 28, 2018, the Board issued an order adopting amendments. The order is available on the Board’s electronic filing system, efs.iowa.gov, under Docket No. RMU-2016-0034.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 1, 2018, as ARC 3913C. The Office of Consumer Advocate (OCA), a division of the Iowa Department of Justice; Interstate Power and Light Company (IPL); and the Iowa Communications Alliance (ICA) filed comments addressing the Notice of Intended Action. OCA indicated it had no objection to the Notice of Intended Action. IPL indicated it had no further suggested revisions to the rules. ICA noted it did not object to the scope of proposed rule 199—18.8(476) but questioned why a new rule was needed to enforce a federal records preservation requirement. ICA urged the Board to avoid using the rule to adopt any new obligations to affirmatively make new filings or certifications to certify compliance with the rule.    After review, the Board found that the revisions to Iowa Code section 476.9 made by 2018 Iowa Acts, House File 2446, which was signed into law on May 17, 2018, exempt telecommunications service providers, including those that have to file tariffs with the Board, from record keeping prescribed by the Board. Accordingly, the Board has modified the amendment proposed in Item 10 of the Notice of Intended Action by rescinding rule 199—18.8(476) without adopting new language for the rule. No other changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on December 28, 2018.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. These amendments update and amend existing rules that are required to be followed for retention and access to utility records. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    No waiver provision is included in the proposed amendments because the Board has a general waiver provision in rule 199—1.3(17A,474,476) that provides procedures for requesting a waiver of the rules in Chapter 18.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 6, 2019.    The following rule-making actions are adopted:

    The Utilities Board hereby rescinds Chapter 36, “Energy Efficiency Planning and Reporting for Natural Gas and Electric Utilities Not Required to Be Rate-Regulated,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 474.5 and 476.2.State or Federal Law Implemented    This rule making implements, in whole or in part, 2018 Iowa Acts, chapter 1135, sections 4, 5, and 11.Purpose and Summary    The purpose of this rule making is to rescind the Board’s rules regarding energy efficiency filing requirements for natural gas and electric utilities not required to be rate-regulated. The requirements were repealed effective July 1, 2018, in 2018 Iowa Acts, chapter 1135, sections 4, 5, and 11. On December 28, 2018, the Board issued an order adopting rescission and reservation. The order is available on the Board’s electronic filing system, efs.iowa.gov, under Docket No. RMU-2018-0001.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 12, 2018, as ARC 3990C. There were no adverse comments. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on December 28, 2018.Fiscal Impact    The rescission removes energy efficiency requirements in the existing rules as mandated by state law. No additional actions having a fiscal impact are being adopted. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    No waiver provision is included in the amendment because the Board has a general waiver provision in rule 199—1.3(17A,474,476) that provides procedures for requesting a waiver of the Board’s rules.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 6, 2019.    The following rule-making action is adopted: