Proposing rule making related to board of directors and branch applications and providing an opportunity for public comment
The Credit Union Division hereby proposes to amend Chapter 2, “Organization, Chartering and Field of Membership of a Credit Union,” and Chapter 6, “Branch Offices,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 533.104(5) and 533.107(6).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 533.113A, 533.205(3)“c” and 533.301(19).Purpose and Summary The proposed amendment to Chapter 2 moves the content of existing rule 189—2.9(533) to rule 189—2.8(533) and codifies in proposed rule 189—2.9(533) board of directors meeting requirements with respect to frequency of meetings and quorum requirements. The proposed amendments to Chapter 6 reflect a modernization of the current requirements for filing branch applications and establish a penalty for failure to comply with the applicable application requirements. These proposed amendments were approved by the Credit Union Review Board on January 25, 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 Division for a waiver of the discretionary provisions, if any, pursuant to rule 189—17.20(533) and the process outlined in 189—Chapter 23.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 Division no later than 4:30 p.m. on April 2, 2019. Comments should be directed to: Credit Union Division 200 East Grand Avenue, Suite 370 Des Moines, Iowa 50309-1827 Fax: 515.725.0519Public 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 actions are proposed:
ITEM 1. Amend rules 189—2.8(533) and 189—2.9(533) as follows:189—2.8(533) Incorporationand commencement of business. 2.8(1) Organization meeting. Proposed members shall meet and through a majority vote approve the incorporation of the credit union chartered by the division. 2.8(2) Filing of corporate records. a. Articles of incorporation.Upon the division’s grant of a charter, the applicants shall file the credit union’s articles of incorporation, with the certificate of approval attached, with the county recorder of the county where the credit union is to have its principal place of business. b. Oath of office.Within ten days after the meeting to incorporate the new credit union, and within ten days after each annual meeting thereafter, a notarized oath of office including the name, signature, position, and address of each member of the board of directors shall be filed with the superintendent. Within ten days of the appointment or election of any new member of the board of directors, a notarized oath of office shall be filed in the same manner. 2.8(3) Commencement of business. A credit union shall not commence business (which shall include, but not be limited to, the incurring of any obligation or the commitment of any of its assets) until its chartering and incorporation are completed, and deposit insurance is obtained as required by law. A newly chartered credit union must commence business within 60 days after the date its charter is approved, or the credit union’s certificate of approval may be revoked by the superintendent.189—2.9(533) Commencement of businessBoard of directors meeting requirements. A credit union shall not commence business (which shall include, but not be limited to, the incurring of any obligation or the commitment of any of its assets) until its chartering and incorporation are completed, and deposit insurance is obtained as required by law. A newly chartered credit union must commence business within 60 days after the date its charter is approved, or the credit union’s certificate of approval may be revoked by the superintendent. 2.9(1) The board of directors shall hold at least 12 regular meetings each calendar year. No more than one regular meeting shall be held in one calendar month. 2.9(2) A quorum shall be required to undertake any credit union business and required at any meeting of the board of directors called by the superintendent pursuant to Iowa Code chapter 533. This rule is intended to implement Iowa Code sections 533.205(3)“c” and 533.113A. ITEM 2. Amend subrule 6.1(2) as follows: 6.1(2) Application. A state chartered credit union desiring to establish and operate a branchor administrative office shall submit to the superintendent an “Application to Establish a Branchor Office.”A state chartered credit union owning an interest in a credit union service organization shall submit to the superintendent an “Application to Establish a Branch or Office” for any building which is intended to be used primarily by the credit union or credit union members, even if the building is owned by the credit union service organization. The application and instructions for preparing and filing it are furnished upon request.However, the superintendent may waive the application requirement when in the superintendent’s opinion the waiver is necessary or desirable. ITEM 3. Adopt the following new subrule 6.1(7): 6.1(7) Failure to file application. Failure to file an “Application to Establish a Branch or Office” prior to closing on existing real estate or breaking ground on a building project may result in a fine of $100 per day, upon notice from the credit union division, until the application is submitted to the credit union division. ARC 4329CEconomic Development Authority[261]Notice of Intended ActionProposing rule making related to community attraction and tourism programs and providing an opportunity for public comment
The Economic Development Authority hereby proposes to amend Chapter 211, “Community Attraction and Tourism Development (CATD) Programs,” and Chapter 213, “Vision Iowa Board: Uniform Waiver and Variance Rules,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 15.106A and 15F.104.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 15F.201 to 15F.206.Purpose and Summary Pursuant to Iowa Code section 17A.7(2), the Enhance Iowa Board and Authority staff reviewed the administrative rules for the Community Attraction and Tourism (CAT) program. Authority staff recommended amendments to Chapters 211 and 213 to clarify the rules and make the programs easier to use for CAT program applicants and award recipients.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 213. 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 Authority no later than 4:30 p.m. on April 2, 2019. Comments should be directed to: Kristin Hanks-Bents Iowa Economic Development Authority 200 East Grand Avenue Des Moines, Iowa 50309 Email: kristin.hanks-bents@iowaEDA.comPublic 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 actions are proposed:
ITEM 1. Amend 261—Chapter 211, title, as follows:COMMUNITY ATTRACTION AND TOURISM DEVELOPMENT (CATD)(CAT) PROGRAMS ITEM 2. Amend rule 261—211.1(15F) as follows:261—211.1(15F) Purpose. The community attraction and tourism development programs are designed to assist communities in the development and creation of multiple-purpose attraction and tourism facilities. The CATDCAT programs include the CAT fund and the RECAT fund. The rules in this division apply to all applications and awards from the CAT and RECAT funds. ITEM 3. Amend rule 261—211.2(15F) as follows:261—211.2(15F) Definitions. When used in this chapter, unless the context otherwise requires: "Attraction" means a permanently located recreational, cultural, educational, or entertainment activity that is available to the general public. "Authority" means the economic development authority created in Iowa Code section 15.105. "Board" means the visionenhance Iowa board established by Iowa Code section 15F.102. "CAT" means the community attraction and tourism component of the CATD programs. "CATD" means community attraction and tourism development. "CATD programs" means the CAT fund and RECAT fund. "CAT fund" means the community attraction and tourism fund established pursuant to Iowa Code section 15F.204. "Community" "political subdivision" means a city or county, or an entity established pursuant to Iowa Code chapter 28E. "Community attraction and tourism program review committee" "CAT review committee" means the committee established by Iowa Code section 15F.203(2) and identified as the following members of the visionenhance Iowa board: three members of the general public, one from each of the three tourism regions; the mayor of a city with a population of less than 20,000; and the county supervisor from a county that has a population ranking in the bottom 33 counties according to the 1990 census. The chair and vice chair of the vision Iowa board may serve as ex officio members of any subcommittee of the boardone member from each congressional district and one member from the state at large. "Department" "IDED" means the Iowa department of economic development. "Economic development organization" means an entity organized to position a community to take advantage of economic development opportunities and strengthen a community’s competitiveness as a place to work and live. "Float loan" "interim financing" means a short-term loan (maximum of 30 months) from obligated but unexpended funds. "Loan" means an award of assistance with the requirement that the award be repaid with term, interest rate, and other conditions specified as part of the award. A deferred loan is one for which the payment of principal, interest, or both is not required for some specified period. A forgivable loan is one for which repayment is eliminated in part or entirely if the borrower satisfies specified conditions. "Local support" means endorsement by local individuals,and organizationsand political subdivisions that have a substantial interest in a project. "Nonfinancial support" may include, but is not limited to, the value of labor and services which may not total more than 25 percent of a local match. Real property and personal property donated for purposes of the project are considered financial support at their fair market value. "Private organization" means a corporation, partnership, or other organization that is operated for profit. "Public organization" means a not-for-profit economic development organization or other not-for-profit organization, including those that sponsor or supportone that sponsors or supports community or tourism attractions and activities. "RECAT" means river enhancement community attraction and tourism. "RECAT fund" means the river enhancement community attraction and tourism fund established pursuant to Iowa Code section 15F.205. "Recipient" means the entity under contract with the visionenhance Iowa board to receive CAT or RECAT funds and undertake the funded activity. "Recreational and cultural attraction" means an attraction that enhances the quality of life in the community. "River enhancement community attraction and tourism project" means a project that creates or enhances recreational opportunities and community attractions on and near lakes or rivers or river corridors within cities across the state under the purview of the program. "School district" means a school corporation organized under Iowa Code chapter 274. "Subrecipient" means a private organization or other entity operating under an agreement or contract with a recipient to carry out a funded CAT or RECAT activity. "Tourism opportunity" means a facility that draws people into the community from at least 50 miles (one way) away from home. "Vertical infrastructure" means land acquisition and construction, major renovation and major repair of buildings, all appurtenant structures, utilities, site development, and recreational trailsand water trails. “Vertical infrastructure” does not include routine, recurring maintenance or operational expenses or leasing of a building, appurtenant structure, or utility without a lease-purchase agreement. "Vision Iowa program review committee" means the committee established by Iowa Code section 15F.304(2) as amended by 2009 Iowa Acts, House File 822, and identified as the following members of the visionenhance Iowa board: four members of the general public, the mayor of a city with a population of 20,000 or more, the director of the Iowa department of economic development or designee, the treasurer of state or designee, and the auditor of state or designee. The chairperson and vice chairperson of the vision Iowa board may serve as ex officio members of any subcommittee of the boardone member from each congressional district and two members from the state at large. ITEM 4. Amend rule 261—211.3(15F) as follows:261—211.3(15F) Program componentsForms of assistance. There are four direct components of the CATD programs. The first component relates to community attraction, tourism or leisure projects that are sponsored by political subdivisions, public organizations, and school districts in cooperation with a city or county. This component is referred to as the community attraction component. The second component provides community attraction and tourism development funds for interim financing for eligible projects under the community attraction component. This component is referred to as the interim financing component. The third component relates to river enhancement community attraction and tourism projects. This component is referred to as the river enhancement component. The fourth component relates to marketing projects that have received funding from the vision Iowa or CATD programs. This component is referred to as the marketing component. 211.3(1) Community attraction componentand tourism—CAT. The objective of the CAT component is to provideCAT program provides financial assistance for community-sponsored attraction and tourism projects. Community attraction projects may include but are not limited to the following: museums, theme parks, cultural and recreational centers, heritage attractions, sports arenas and other attractions. 211.3(2) Interim financing component. a. The objective of the interim financing component is to provide short-term financial assistance for eligible community attraction and tourism projects. Financial assistance may be provided as a float loan. A float loan may only be made for projects that can provide the vision Iowa board with an irrevocable letter of credit or equivalent security instrument from a lending institution rated AA or better, in an amount equal to or greater than the principal amount of the loan. b. Applications for float loans shall be processed, reviewed and considered on a first-come, first-served basis to the extent funds are available. Applications that are incomplete or require additional information, investigation or extended negotiation may lose funding priority. Applications for float loans shall meet all other criteria required for the community attraction component. 211.(3) 211.3(2) River enhancement componentcommunity attraction and tourism—RECAT. The objective of the RECAT component is to provideprogram provides financial assistance for projects that are related to, closely connected with, and enhance rivers, lakes, or river corridors within cities. River enhancement projects may include but are not limited to pedestrian trails and walkways, amphitheaters, bike trails, water trails or white water courses for watercraft, and any modifications necessary for the safe mitigation of damscreate or enhance recreational opportunities and community attractions on and near lakes or rivers or river corridors within cities. 211.(4) 211.3(3) Marketing component. The objective of theCAT marketing component is to provideprovides financial assistance for the marketing of vision Iowa or CATD, CAT and RECAT projects. ITEM 5. Amend rule 261—211.4(15F) as follows:261—211.4(15F) Eligible applicants. Eligible applicants for CAT and RECAT funds include political subdivisions,cities, counties, public organizations, and school districts in cooperation with a city or county.Any eligible applicant may apply individually or jointly with another eligible applicant or other eligible applicants. A school district must apply jointly with a city or county. 211.4(1) Any eligible applicant may apply directly or on behalf of a subrecipient. 211.4(2) Any eligible applicant may apply individually or jointly with another eligible applicant or other eligible applicants. ITEM 6. Amend rule 261—211.5(15F) as follows:261—211.5(15F) Eligible projects and forms of assistance. 211.5(1) Eligible projects include those which are related to a community or tourism attraction, and which wouldprovide recreational, cultural, entertainment and educational opportunities. Funded projects must position a community to take advantage of economic development opportunities in tourism and strengthen a community’s competitiveness as a place to work and live. Eligible projects include building construction or reconstruction, rehabilitation, conversion, acquisition, demolition for the purpose of clearing lots for development, site improvement, equipment purchases, and other projects as may be deemed appropriate by the vision Iowa board.Completed projects must be open to the public for general use. 211.5(2) Eligible forms of assistance include grants, interest-bearing loans, non-interest-bearing loans, float loans under the interim financing component, interest subsidies, deferred payment loans, forgivable loans, or other forms of assistance as may be approved by the vision Iowa board.Eligible CAT and RECAT projects must be primarily vertical infrastructure projects. 211.5(3) Financial assistance for an eligible project may be provided in the form of a multiyear award to be paid in increments over a period of years, subject to the availability of funds.The enhance Iowa board has the option of funding a component of a proposed project. 211.5(4) IDED, with the approval of the chair or vice chair of the vision Iowa board, reserves the right to make technical corrections which are within the intent of the terms of a board-approved award. 211.5(5) Applicants must report other sources of funding or pending funding, public or private, for the project including the local recreation infrastructure grants program administered by the Iowa department of natural resources and the Iowa historic site preservation grant program administered by the historical division of the Iowa department of cultural affairs. IDED may consult with appropriate staff from the department of cultural affairs and the department of natural resources to coordinate the review of applications under the programs. ITEM 7. Amend rule 261—211.6(15F) as follows:261—211.6(15F) Ineligible projects. 211.6(1) The visionenhance Iowa board shall not approve an application for assistance under this program to refinance an existing loan. 211.6(2) An applicantA recipient may not receive more than oneCAT or RECAT award under the CATD programs for a single project. However, previously funded projects may receive an additional award(s) if the applicant demonstrates that the funding is to be used for a significant expansion of the project,or a new project, or a project that results from previous project-development assistance. 211.6(3) The visionenhance Iowa board shall not approve an application for assistance in which the combination of RECAT and CAT fundingCAT or RECAT funding plus other state funds would constitute more than 50 percent of the total project costs. RECAT funding may constitute up to one-third of the total project cost. A portion of the resources provided by the applicant for project costs may be in the form of in-kind or nonfinancial contributions. 211.6(4) Work completed and costs incurred, except the acquisition of real estate, prior to the date of a potential CAT or RECAT award are ineligible for funding under the CAT programs. ITEM 8. Amend rule 261—211.7(15F) as follows:261—211.7(15F) Threshold applicationApplication requirements. To be considered for funding under the CATD programs, an application must meet the following threshold requirementsAt a minimum, CAT and RECAT applications must contain the following information: 211.7(1) There must be demonstrated local support for the proposed activity.The total capital investment of the project, including but not limited to costs for construction, site acquisition, and infrastructure improvement. 211.7(2) A need for the CAT or RECAT funds must exist after other financial resources have been identified for the proposed project.The amount or percentage of local and private matching moneys which will be or have been provided for the project. Moneys raised at any time and not yet spent may be considered as local match. Up to 25 percent of the local match may be nonfinancial support. 211.7(3) The proposed project must primarily involve the creation or renovation of vertical infrastructure with demonstrated substantial regional or statewide economic impact.The total number of jobs to be created or retained by the project. 211.7(4) The project must provide and pay at least 50 percent of the cost of a standard medical insurance plan for all full-time employees working at the project after the completion of the project for which financial assistance was received.The long-term tax-generating impact of the project. 211.7(5) A joint application from a school district in cooperation with a city or county must demonstrate that the intended future use of the project shall be by both joint applicants. ITEM 9. Rescind rule 261—211.8(15F) and adopt the following new rule in lieu thereof:261—211.8(15F) Application review. 211.8(1) Authority staff will review CAT and RECAT applications to ensure the applications meet the threshold requirements set forth in subrule 211.8(2). All eligible applications will be forwarded to and reviewed by the enhance Iowa board. Applications that do not meet the threshold requirements will not be forwarded to the enhance Iowa board for review. 211.8(2) Authority staff will review each application for the following information: a. Local support for the proposed activity. b. Whether the proposed project is primarily a vertical infrastructure project. c. Certification from the applicant that the applicant will provide and pay for at least 50 percent of the cost of a standard medical insurance plan for all full-time employees working at the project after the completion of the project for which financial assistance was received. d. At least 65 percent of the funds needed to complete the proposed project have been raised or pledged. Other state funds cannot be counted as match until the applicant can document that at least 50 percent of the funds have been raised. 211.8(3) The CAT and vision Iowa program review committees shall consider, at a minimum, the following: a. Whether the wages, benefits, including health benefits, safety, and other attributes of the project would improve the quality of life or the quality of the attraction or tourism employment in the community. b. The extent to which such a project would generate additional recreational and cultural attractions or tourism opportunities. c. The ability of the project to produce a long-term, tax-generating economic impact. d. The location of the projects and geographic diversity of the applications. e. The project is primarily a vertical infrastructure project with demonstrated substantial regional or statewide economic impact. f. Whether the applicant has received financial assistance under the program for the same project. g. The extent to which the project has taken the following planning principles into consideration: (1) Efficient and effective use of land resources and existing infrastructure by encouraging development in areas with existing infrastructure or capacity to avoid costly duplication of services and costly use of land. (2) Provision for a variety of transportation choices, including pedestrian traffic. (3) Maintenance of a unique sense of place by respecting local cultural and natural environmental features. (4) Conservation of open space and farmland and preservation of critical environmental areas. (5) Promotion of safety, livability, and revitalization of existing urban and rural communities. ITEM 10. Amend rule 261—211.9(15F) as follows:261—211.9(15F) Application procedure. Subject to availability of funds, applications are reviewed by IDED staff on an ongoing basis and reviewed at least quarterlywill be accepted by the boardquarterly. Applications will be reviewed by staffAuthority staff will review applications for completeness and eligibility. If additional information is required, the applicant shall be provided with notice, in writing, to submit additional information. A review, analysis and evaluation from the IDEDauthority staff will be submitted to the CAT and vision Iowa program review committees of the board, whowhich will then make a final recommendation to the complete board for final approval, denial or deferral. The vision Iowa board has the option of funding a component of a proposed project if the entire project does not qualify for funding. 211.9(1) Application forms shall be available upon request from IDED, 200 East Grand Avenue, Des Moines, Iowa 50309; telephone (515)725-3197; and on IDED’s Web site at www.iowalifechanging.com.Applicants must submit a notice of intent to apply on a form provided by the authority. The authority will send standard application forms to those applicants who have submitted a notice of intent to apply. The notice of intent to apply form will be available on the enhance Iowa web page. The authority can waive this requirement for good cause. 211.9(2) IDEDAuthority staff may provide technical assistance to applicants as necessary. IDEDAuthority staff and board members may conduct on-site evaluations of proposed projects. 211.9(3) Applications shall include, at a minimum, the information detailed in rule 211.8(15F), application review criteriarequirements. 211.9(4) Incomplete or ineligible applications will not be forwarded to the board for review. ITEM 11. Amend subrules 211.10(1) to 211.10(6) as follows: .(1) Administration of awards. a. A contract shall be executed between the recipient and the visionenhance Iowa board. These rules and applicable state laws and regulations shall be part of the contract. The board reserves the right to negotiate wage rates as well as other terms and conditions of the contract. b. The recipient must execute and return the contract to the visionenhance Iowa board within 45 days of transmittal of the final contract from the visionenhance Iowa board. Failure to do so may be cause for the visionenhance Iowa board to terminate the award. c. Certain projects may require that permits or clearances be obtained from other state or local agencies before the project may proceed. Awards may be conditioned upon the timely completion of these requirements. d. Awards may be conditioned upon commitment of other sources of funds necessary to complete the project. e. Awards may be conditioned upon IDEDthe authority’s receipt and board approval of an implementation plan for the funded project. f. The authority, with the approval of the chair or vice chair of the enhance Iowa board, reserves the right to make technical corrections that are within the intent of the terms of a board-approved award. .(2) Requests forDisbursement of funds. Recipients shall submit requests for funds in the manner and on forms prescribed by IDEDthe authority. Individual requests for funds shall be made in an amount equal to or greater than $500 per request, except for the final draw of funds. .(3) Record keeping and retention. The recipient shall retain all financial records, supporting documents and all other records pertinent to the community attraction and tourism development activityfunded CAT or RECAT project for three years after contract closeout. Representatives of IDEDthe authority shall have access to all records belonging to or in use by recipients pertaining to community attraction and tourism developmentCAT and RECAT funds. .(4) Performance reports and reviews. RecipientsUpon request of the authority or the enhance Iowa board, recipients shall submit performance reports to IDED in the manner and on forms prescribed by IDEDthe authority. Reports shall assess the use of funds and progress of activities. IDEDThe authority may perform any reviews or field inspections necessary to ensure recipienteach recipient’s performance. .(5) Amendments to contracts. Any substantive change to a contract shall be considered an amendment. ChangesSubstantive changes include time extensions, budget revisions and significant alterationalterations of the funded project that change the scope, location, objectives or scale of the approved project. Amendments must be requested in writing by the recipient and are not considered valid until approved by the visionenhance Iowa board and confirmed in writing by IDED following the procedure specified in the contract between the recipient and IDED. .(6) Contract closeout. Upon contract expiration, IDEDproject completion, the authority shall initiate contract closeout procedures. ITEM 12. Amend rule 261—211.51(15F) as follows:261—211.51(15F) Allocation of funds. 211.51(1) Except as otherwise noted in this rule, all CAT funds shall be awarded for projects as specified in rule 211.3(15F). 211.(2) 211.51(1) One-third of the moneys shall be allocated to provide assistance toprojects located in cities and counties which meet the following criteria: a. A city which has a population of 10,000 or less according to the most recently published census. b. A county which has a population that ranks in the bottom 33 counties according to the most recently published census. 211.(3) 211.51(2) Two-thirds of the moneys shall be allocated to provide assistance toprojects in any city and county in the state, which may include a city or county included under subrule 211.51(2)211.51(1). 211.(4) 211.51(3) If two or more cities or counties submit a joint project application for financial assistance from the CAT fund, all joint applicants must meet the criteria of subrule 211.51(2)211.51(1) in order to receive any moneys allocated under that subrule. 211.(5) 211.51(4) If any portion of the allocated moneys under subrule 211.51(2)211.51(1) has not been awarded by April 1 of the fiscal year for which the allocation is made, the portion which has not been awarded may be utilized by the visionenhance Iowa board to provide financial assistance from the CAT fund toprojects located in any city or county in the state. ITEM 13. Amend rule 261—211.102(15F) as follows:261—211.102(15F) Allocation of fundsApplication contents. 211.102(1) Except as otherwise noted in this rule, all river enhancement community attraction and tourism funds shall be awarded for projects as specified in rule 211.3(15F).Application contents. Applications for river enhancementRECAT projects shall include, as an exhibit to the standard CATD program application, information about the project’s connection and interaction with a river, lake or river corridor.“Lake” means a lake of which the state or a political subdivision owns the lake bed up to the ordinary high water line and which is open to the use of the general public. 211.102(3) Application review criteria. In addition to the application review criteria in rule 211.8(15F), river enhancement projects shall be reviewed using the following additional criteria: a. Connection and interaction with a river, lake or river corridor. The extent that the project relates to, connects with, and enhances a body of water. An explanation of the relevance of the body of water with regard to the project overall (0-5 points). b. A description of the green sustainable design and construction practices, including storm water best management practices, such as permeable pavement, bioretention cells, and bioswales that will be utilized on the project to protect from pollution the body of water enhanced by the project (0-5 points). ITEM 14. Rescind rule 261—211.103(15F). ITEM 15. Amend 261—Chapter 213, title, as follows:VISIONENHANCE IOWA BOARD: UNIFORM WAIVER AND VARIANCE RULES ITEM 16. Amend subrule 213.1(1), definition of “Board,” as follows: "Board" "visionenhance Iowa board" means the visionenhance Iowa board established by 2000 Iowa Acts, chapter 1174Iowa Code section 15F.102. ITEM 17. Amend subrule 213.3(1) as follows: 213.3(1) Application. All petitions for waiver or variance must be submitted in writing to the VisionEnhance Iowa Board, 200 East Grand Avenue, Des Moines, Iowa 50309-1819. If the petition relates to a pending contested case, a copy of the petition shall also be filed in the contested case proceeding. ITEM 18. Amend rule 261—213.6(17A,ExecOrd11) as follows:261—213.6(17A,ExecOrd11) Public availability. Subject to the provisions of Iowa Code section 17A.3(1)“e,” the board shall maintain a record of all orders granting or denying waivers and variances under this chapter. All final rulings in response to requests for waivers or variances shall be indexed and available to members of the public at the VisionEnhance Iowa Board, 200 East Grand Avenue, Des Moines, Iowa 50309-1819. ITEM 19. Amend rule 261—213.10(17A,ExecOrd11) as follows:261—213.10(17A,ExecOrd11) Appeals. Granting or denying a request for waiver or variance is final agency action under Iowa Code chapter 17A. An appeal to district court shall be taken within 30 days of the issuance of the ruling in response to the request unless a contrary time is provided by rule or statute.Exhibit ASample Petition (Request) for Waiver/VarianceBEFORE THE VISIONENHANCE IOWA BOARD Petition by (insert name of petitioner)for the waiver of (insert rule citation)relating to (insert the subject matter). } PETITION FORWAIVERRequests for waiver or variance from a board rule shall include the following information in the petition for waiver or variance where applicable and known: a. Provide the petitioner’s (person asking for a waiver or variance) name, address, and telephone number. b. Describe and cite the specific rule from which a waiver or variance is requested. c. Describe the specific waiver or variance requested; include the exact scope and time period that the waiver or variance will extend. d. Explain the important facts that the petitioner believes justify a waiver or variance. Include in your answer why (1) applying the rule will result in hardship or injustice to the petitioner; and (2) granting a waiver or variance to the petitioner is consistent with the public interest; and (3) granting the waiver or variance will not prejudice the substantial legal rights of any person; and (4) where applicable, how substantially equal protection of public health, safety, and welfare will be afforded by a means other than that prescribed in the particular rule for which the waiver or variance is requested. e. Provide history of prior contacts between the board and petitioner relating to the regulated activity, license, grant, loan or other financial assistance that would be affected by the waiver or variance; include a description of each affected license, grant, loan or other financial assistance held by the petitioner, any notices of violation, contested case hearings, or investigative reports relating to the regulated activity, license, grant or loan within the past five years. f. Provide information known to the petitioner regarding the board’s treatment of similar cases. g. Provide the name, address, and telephone number of any public agency or political subdivision which also regulates the activity in question, or which might be affected by the grant of a waiver or variance. h. Provide the name, address, and telephone number of any person or entity that would be adversely affected or disadvantaged by the grant of the waiver or variance. i. Provide the name, address, and telephone number of any person with knowledge of the relevant or important facts relating to the requested waiver or variance. j. Provide signed releases of information authorizing persons with knowledge regarding the request to furnish the department with information relevant to the waiver or variance.I hereby attest to the accuracy and truthfulness of the above information.Petitioner’s signatureDate Petitioner should note the following when requesting or petitioning for a waiver or variance:- The petitioner has the burden of proving to the board, by clear and convincing evidence, the following: (a) application of the rule to the petitioner would result in hardship or injustice to the petitioner; and (b) waiver or variance on the basis of the particular circumstances relative to the petitioner would be consistent with the public interest; and (c) waiver or variance in the specific case would not prejudice the substantial legal rights of any person; and (d) where applicable, how substantially equal protection of public health, safety, and welfare will be afforded by a means other than that prescribed in the particular rule for which the waiver or variance is requested.
- The board may request additional information from or request an informal meeting with the petitioner prior to issuing a ruling granting or denying a request for waiver or variance.
- All petitions for waiver or variance must be submitted in writing to the VisionEnhance Iowa Board, 200 East Grand Avenue, Des Moines, Iowa 50309-1819. If the petition relates to a pending contested case, a copy of the petition shall also be filed in the contested case proceeding.
Proposing rule making related to awards and providing an opportunity for public comment
The Department of Cultural Affairs hereby proposes to amend Chapter 21, “Membership in the Society,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 303.1A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 303.8.Purpose and Summary Through this proposed rule making, the State Historical Society of Iowa is updating its board history awards to reflect more appropriate deadlines and submission processes in addition to introducing new awards to ensure all Iowa history categories and works are eligible for recognition.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. This rule making adds new awards and clarifies rules for existing awards. These awards are honorary, not financial.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. Public Comment Any interested person may submit written or oral 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 April 2, 2019. Comments should be directed to: Susan Kloewer Administrator, State Historical Society of Iowa 600 East Locust Street Des Moines, Iowa 50319-1006 Phone: 515.281.8749 Email: susan.kloewer@iowa.govPublic 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:
ITEM 1. Amend rules 223—21.2(303) and 223—21.3(303) as follows:223—21.2(303) Fees. Fees are charged for benefits and services provided to members. The membership program is administered by the Historical Division of the Department of Cultural Affairs, 600 East Locust Street, Des Moines, Iowa 50319, telephone (515)281-8741(515)281-5111.223—21.3(303) Awards. 21.3(1) Purpose. The society shall make annual awards to individuals,government entities, groups, or organizations for the purposes of encouraging and rewarding contributions to the fieldfields of Iowa history, archaeology and historic preservation; establishing an image of tradition and continuity; creating greater public and academic visibility for the society; and promoting high-quality rehabilitation of historic buildings. 21.3(2) Award programs. Awards shallmay be made in sevennine programs. a. William J. Petersen/Edgar Harlan Award.This award recognizes an individual,government entity, group, or organization that has made significant long-term or continuing contributions to Iowa history. No more than one award shallmay be givenmade annually. b. Loren Horton Community History Award.This award recognizes an individual,government entity, group, or organization that has made a significant contribution to local history through a local history project during the previous calendar year. No more than one award shallmay be given annually. One certificate of recognition may be awarded in each of the following categories each year: (1) Program or event; (2) Volunteers; (3) Project in museum, library, archives, historic preservation, or education; (4) Research or publications; (5) Youth. c. Mildred Throne/Charles Aldrich Award.This award recognizes the author of the most significant article on Iowa history in a professional history journal during the previous calendar year. The board may give one award annually. Up to two certificates of recognition may be also awarded. d. George Mills/Louise Noun Award.This award recognizes the author of the most significant illustrated article on an Iowa history topic published in a popular history periodical during the previous calendar year. The board may give one award annually. Up to two certificates of recognition may also be awarded. e. Benjamin F. Shambaugh Award.This award recognizes the author of the most significant book published on Iowa history during the previous calendar year. The board may give one award annually. Up to two certificates of recognition may also be awarded. f. Kids Count!Research Matters Award.This award recognizes outstanding library, archives, historic site and museum service provided to National History Day student researchers in Iowa during the previous program year. The board may giveaward up to two certificates of merit and one certificate of achievement annually. g. Preservation Projects of Merit Award.This award recognizes historic preservation projects that exemplify the best of preservation practices, meet the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, and utilize the state historic preservation and cultural and entertainment district tax credit program. The board may give one award annually in each of the following four categories. (1) Judith A. McClure Award. This award recognizes outstanding preservation of a residential property using state historic preservation and cultural and entertainment district tax credit program incentives. For purposes of this award, residential property shall be as defined in rule 223—48.2(303,404A). (2) Adrian D. Anderson Award. This award recognizes outstanding preservation of a small historic preservation project using state historic preservation and cultural and entertainment district tax credit program incentives. For purposes of this award, small projects are defined as those projects having total qualified costs, as determined by Iowa Code chapter 404A as amended by 2007 Iowa Acts, chapter 165, of $500,000$750,000 or less. (3) Margaret Keyes Award. This award recognizes outstanding preservation of a large historic preservation project using state historic preservation and cultural and entertainment district tax credit program incentives. For purposes of this award, large projects are defined as those projects having total qualified costs, as determined by Iowa Code chapter 404A as amended by 2007 Iowa Acts, chapter 165, of more than $500,000$750,000. (4) William J. Wagner Award. This award recognizes the historic preservation project which best exemplified use of the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings while using state historic preservation and cultural and entertainment district tax credit program incentives. h. Excellence in Archaeology and Historic Preservation.This award recognizes the best archaeology or historic preservation project at the local or state level. The board may give one award and one certificate of merit annually. i. Dorothy Schwieder Excellence in Research Award.This award recognizes on a biennial basis the most significant research and contribution to the body of knowledge in Iowa history and is the top research and writing award given by the board during the two-year period. 21.3(3) Selection. a. Committees.The chairperson of the society board of trustees shall appoint awards committees at the first meeting of the board held in each fiscal year. The nonvoting staff member on each committee shall be appointed by the administrator of the society to coincide with the other committee appointments. The term of office shall be one year. (1) William J. Petersen/Edgar Harlan and Loren Horton awards committees. Nominations for these categories shall be reviewed by an awards committee composed of, at a minimum, three voting members, including at least one member of the society board of trustees. The committee shall also include one staff member of the society serving in a nonvoting capacity. (2) Mildred Throne/Charles Aldrich, George Mills/Louise Noun and Benjamin F. Shambaugh awards committees. Nominations for these categories shall be reviewed by awards committees composed of, at a minimum, three voting members, including at least one member of the society board of trustees. The committees shall also include one staff member of the society serving in a nonvoting capacity. (3) Kids Count! Research Matters Award. Nominations for this category shall be reviewed by an awards committee composed of, at a minimum, three voting members, including at least one member of the society board of trustees and one practicingNational History Day teacher. The committee shall also include one staff member of the society serving in a nonvoting capacity. (4) Preservation Projects of Merit Award. Nominations for this category shall be reviewed by an awards committee composed of, at a minimum, three voting members, including at least one member of the society board of trustees, one licensed architect who specializes in historic preservation, and one member of the state nominations review committee appointed in accordance with 223—subrule 35.6(6). The committee shall also include one staff member of the society serving in a nonvoting capacity. (5) Excellence in Archaeology and Historic Preservation Award. Nominations for this category shall be reviewed by an awards committee composed of, at a minimum, three voting members including at least one member of the society board of trustees. The committee shall also include one staff member of the society serving in a nonvoting capacity. (6) Dorothy Schwieder Excellence in Research Award. Nominations for this category shall be reviewed by an awards committee composed of, at a minimum, three voting members including at least one member of the society board of trustees. The committee shall also include one staff member of the society serving in a nonvoting capacity. b. Period of eligibility.Awards in the Mildred Throne/Charles Aldrich, George Mills/Louise Noun, Benjamin F. Shambaugh, and Loren Horton, and Excellence in Archaeology and Historic Preservation categories shall be made for activities and publications produced during the calendar year prior to the nomination. Awards in the Kids Count!Research Matters category shall be made for activities during the most recently completed National History Day competition in Iowa. Awards in the Preservation Projects of Merit category shall be made for state historic preservation and cultural and entertainment district tax credit projects completedwith a Part 3 approved in the previous fiscal year. c. Call for nominations. (1) William J. Petersen/Edgar Harlan Award, Loren Horton Award, Mildred Throne/Charles Aldrich Award, George Mills/Louise Noun Award, Benjamin F. Shambaugh Award, Excellence in Archaeology and Historic Preservation, and Dorothy Schwieder Excellence in Research Award. The public may nominate entries for the William J. Petersen/Edgar Harlan Award by mailawards. Nominators shall submit the name and address of the nominee and a detailed description of significant long-term or continuing contributions to Iowa historycomplete and submit respective award paperwork for awards.Nomination forms are available by contacting the State Historical Society of Iowa or electronically on the State Historical Society of Iowa web page: www.iowahistory.org. Nominationsfor the Shambaugh Award must be postmarked by January 2. All other awards must be postmarked by February 1 and must be submitted to the Administrator, State Historical Society of Iowa, 600 East Locust Street, Des Moines, Iowa 50319-0290. Nominations mayalso be submitted electronically to the E-mail address posted on the State Historical Society of Iowa Webweb page: www.iowahistory.org. (2) Loren Horton Award. The public may nominate entries for the Horton Award by mail. Required nomination papers for the Loren Horton Award shall be obtained from the Administrator, State Historical Society of Iowa, 600 East Locust Street, Des Moines, Iowa 50319-0290. Nominations shall be postmarked by February 1 and shall be returned to the administrator at the society. (3) Mildred Throne/Charles Aldrich Award. The public may nominate articles for the Mildred Throne/Charles Aldrich Award by mail. Nominators shall submit the title of the article, name of author, name and address of publication, and year of publication to the Administrator, State Historical Society of Iowa, 600 East Locust Street, Des Moines, Iowa 50319-0290. Nominations may be submitted electronically to the E-mail address posted on the State Historical Society of Iowa Web page: www.iowahistory.org. (4) George Mills/Louise Noun Award. The public may nominate articles for the George Mills/Louise Noun Award by mail. Nominators shall submit the title of the article, name of author, name and address of publication, and year of publication to the Administrator, State Historical Society of Iowa, 600 East Locust Street, Des Moines, Iowa 50319-0290. Nominations may be submitted electronically to the E-mail address posted on the State Historical Society of Iowa Web page: www.iowahistory.org. (5) Benjamin F. Shambaugh Award. The public may nominate entries for the Shambaugh Award by mail. Nominators shall submit the title of the book, name and address of author, name and address of publisher, and year of publication to the Editor, The Annals of Iowa, State Historical Society of Iowa, 402 Iowa Avenue, Iowa City, Iowa 52240-1806. Nominations may be submitted electronically to the E-mail address posted on the State Historical Society of Iowa Web page: www.iowahistory.org. (6) (2) Kids Count!Research MattersAward. National History Day student researchers may nominate research libraries, archives, historic sites and museums on forms provided by the National History Day in Iowa program. Nominations shall include the name of the library, archive, historic site or museum nominated for the award and a description of the services provided by that library, archive, historic site or museum to National History Day student researchers in Iowa.Nominations must be received by the date of the annual state National History Day Contest. Nominations must be submitted to the Administrator, State Historical Society of Iowa, 600 East Locust Street, Des Moines, Iowa 50319-0290. Nominations may also be submitted electronically to the email address posted on the State Historical Society of Iowa web page: www.iowahistory.org. (7) (3) Preservation Projects of Merit Award. All historic rehabilitation projects completedwith Part 3 approved in the previous fiscal year, as determined by state historic preservation and cultural and entertainment district tax credit program staff, shall be considered for this award. d. Number of nominations.The awards committees shall report no more than three nominations for each award program and category to the society board of trustees for final selection. The awards committees shall transmit nominations to the board prior to the regularly scheduled meeting which permits the board to act 30 days prior to an annual awards meeting. e. Board ineligibility.No member of the board of trustees shall be eligible for nomination in any award category during the member’s term as a trustee. f. Voting.Selection in each category shall be by vote of the board of trustees in accordance with Iowa Code chapter 21 and Robert’s Rules of Order, Revised Edition. Evaluation shall be based on the criteria stated in 21.3(4). The society board of trustees reserves the right to decline any or all nominations based upon the awards criteria. 21.3(4) Criteria. a. William J. Petersen/Edgar Harlan Award.Nominees shall have contributed a body of work advancing the preservation and interpretation of Iowa history. Each body of work shall be evaluated for significance, professionalism, and influence on Iowans’ perceptions of themselves. These criteria shall be weighted equally. b. Loren Horton Award.Nominees shall have contributed a local history project that: (1) Increases awareness and appreciation for local or community history; (2) Encourages collaboration and support between individuals, groups, and the community; (3) Promotes future interest in the history of the community and continues to generate enthusiasm; (4) Shows a diverse base of support from the members of the community; (5) Provides long-term protection of community history, whether tangible or intangible; and (6) Demonstrates an effort to include all interested members of the community. c. Mildred Throne/Charles Aldrich Award.Each nominated article shall be evaluated on its contribution to knowledge about Iowa history, scholarship, readability, and appropriateness for the intended audience. These criteria shall be weighted equally. d. George Mills/Louise Noun Award.Each nominated article shall be evaluated on its contribution to knowledge about Iowa history, scholarship, readability, and appropriateness for the intended audience. These criteria shall be weighted equally. e. Benjamin F. Shambaugh Award.Each nominated book shall be evaluated on its contribution to knowledge about Iowa history, scholarship, readability, and appropriateness for the intended audience. These criteria shall be weighted equally. f. Kids Count! Research Matters Award.Each nominated institution shall be evaluated on its commitment to research support for young historical researchers as demonstrated by the institution’s positive attitude toward young researchers, its level of research knowledge, and its assistance to individual researchers. These criteria shall be weighted equally. g. Preservation Projects of Merit Award.Each preservation project shall demonstrate outstanding application of the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, the project’s impact on the local historic preservation community, and the project’s impact on economic development in the local community. These criteria shall be weighted equally. h. Excellence in Archaeology and Historic Preservation Award.Projects shall be evaluated based on: (1) Level of effort needed to preserve the resource; (2) Historic significance of the resource; (3) Application of the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation; (4) Local impact of the project and benefit to the community; (5) Potential to replicate the project in another community; (6) Additional steps taken to share this history with the public; (7) Application of state or federal preservation laws. i. Dorothy Schwieder Excellence in Research Award.Each nomination shall be evaluated on its contribution to knowledge about Iowa history, scholarship, readability, and appropriateness for the intended audience. Eligible works include, but are not limited to, articles in popular periodicals or academic journals, books, dissertations, films, National Register of Historic Places nominations, or online projects. Winners of other State Historical Society of Iowa awards—the George Mills/Louis Noun Award, the Mildred Throne/Charles Aldrich Award, or the Benjamin F. Shambaugh Award—are also eligible for this prize. One award will be given biennially. 21.3(5) Notification. Award recipients shall be notified by mail at least 21 days prior to an annual awards meeting. 21.3(6) Presentation. The award shall be presented by a member of the board of trustees at an annual awards meeting.ARC 4328CInspections and Appeals Department[481]Notice of Intended ActionProposing rule making related to subacute mental health care facilities and providing an opportunity for public comment
The Inspections and Appeals Department hereby proposes to amend Chapter 71, “Subacute Mental Health Care Facilities,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 10A.104 and 135G.10.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 135G and 2018 Iowa Acts, House File 2456.Purpose and Summary Iowa Code chapter 135G regarding subacute mental health care facilities provides for the establishment of basic standards for the operation of these facilities to ensure the safe and adequate diagnosis, evaluation and treatment of persons with serious and persistent mental illness so that these persons are able to experience recovery and live successfully in the community. Since the adoption of the rules implementing Iowa Code chapter 135G, the Department has received questions from subacute mental health care facility licensees seeking clarification of certain rules. The proposed amendments add definitions, require documentation of background checks for personnel, clarify the time within which a treatment plan must be developed, provide further direction regarding the use of a seclusion room or restraints, clarify provisions related to medication management, add requirements related to nutrition and food preparation, and add requirements related to buildings, furnishings and equipment. In addition, the amendments implement the changes made to Iowa Code chapter 135G resulting from 2018 Iowa Acts, House File 2456, which eliminated certain requirements for licensure by the Department, including the limit on the number of publicly funded subacute care facility beds licensed under Iowa Code chapter 135G.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 481—Chapter 6.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 April 2, 2019. Comments should be directed to: Deborah Svec-Carstens Iowa Department of Inspections and Appeals Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319-0083 Email: deborah.svec-carstens@dia.iowa.govPublic 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 actions are proposed:
ITEM 1. Adopt the following new definitions of “Psychiatric care,” “Recovery” and “Recovery principles” in rule 481—71.2(135G): "Psychiatric care" means the provision of care to patients in a psychiatric unit of an acute care hospital; a freestanding psychiatric hospital; or a mental health clinic. "Recovery" means a process of change through which individuals improve their health and wellness, live a self-directed life, and strive to reach their full potential. "Recovery principles" means the ten guiding principles of recovery outlined by the federal Substance Abuse and Mental Health Services Administration (www.samhsa.gov): hope, person-driven, many pathways, holistic, peer support, relational, culture, addresses trauma, strengths/responsibility, and respect. ITEM 2. Amend paragraph 71.3(1)"e" as follows: e. Show evidence of a certificate signed by the state fire marshal or deputy state fire marshal, or the designee of either, certifying compliance with fire safety rules. ITEM 3. Amend paragraph 71.3(3)"c" as follows: c. Have an approved, current certificate signed by the state fire marshal or deputy state fire marshal, or the designee of either, certifying compliance with fire safety rules and regulations; and ITEM 4. Rescind subrules 71.3(5) and 71.3(6). ITEM 5. Renumber subrule 71.3(7) as 71.3(5). ITEM 6. Amend paragraph 71.8(3)"e" as follows: e. When a defect or failure occurs in the fire sprinklersystem for more than 10 hours or fire alarm system for more than 4 hours in a 24-hour period. (This reporting requirement is in addition to the requirement to notify the state fire marshalor the state fire marshal’s designee.) ITEM 7. Amend paragraph 71.10(2)"a" as follows: a. Be a mental health professional, as defined in Iowa Code section 228.1(6)228.1(7), with at least one year of experience in an administrative capacity; or ITEM 8. Amend paragraph 71.12(2)"c" as follows: c. A mental health professional as defined in Iowa Code section 228.1(6)228.1(7); ITEM 9. Amend paragraph 71.12(2)"d" as follows: d. Direct care staff with at least three yearsone year of experience in a mental health care setting; and ITEM 10. Amend paragraph 71.12(3)"c" as follows: c. Personnel records which are current, accurate, complete, and confidential to the extent allowed by law. (1) The record shall contain documentation of how the employee’s or consultant’s education and experience are relevant to the position for which the employee or consultant was hired. (2) The record shall contain documentation of criminal history, child abuse and dependent adult abuse record checks, which shall be conducted prior to employment. ITEM 11. Amend subrule 71.12(4), introductory paragraph, as follows: 71.12(4) The facility shall require regular health examinations for all personnel. Employees shall have a health examination within 12 months prior tobeginning employment and regular examinations thereafter at least every four years. The examination shall include, at a minimum, the health status of the employee, including screening and testing for tuberculosis as described in 481—Chapter 59. ITEM 12. Amend paragraph 71.12(5)"b" as follows: b. The record shall include the employee’s: (1) Name and address, (2) Social security number, (3) Date of birth, (4) Date of employment, (5) References, (6) Position in the facility, (7) Job description, (8) Documentation of experience and education, (9) Criminal history, child abuse and dependent adult abuse background checks, (9) (10) Staff development plantraining records, (10) (11) Annual performance evaluation, (11) (12) Documentation of disciplinary action, (12) (13) Date and reason for discharge or resignation, (13) (14) Current physical examination. ITEM 13. Adopt the following new subrule 71.12(6): 71.12(6) Orders for medications and treatments shall be correctly implemented by qualified personnel. ITEM 14. Amend paragraph 71.13(2)"a" as follows: a. Eligibility for individualized subacute mental health services will be determined by the standardized preadmission screening utilized by the facility, which. The screening shall be conducted by a mental health professional, as defined in Iowa Code section 228.1(6)228.1(7), a physician, a physician assistant, or an advanced registered nurse practitioner. ITEM 15. Amend paragraph 71.13(7)"c" as follows: c. The facility shall make advance notification to the receiving facility prior to the transfer of any resident if the resident is to be transferred to another facility. (1) Notification shall be made no less than 24 hours prior to transfer unless paragraph 71.13(6)“d” applies. (2) Prior to the transfer or discharge of a resident to another health care facility, arrangements to provide for continuity of care shall be made with the facility to which the resident is being transferred. ITEM 16. Amend paragraph 71.13(7)"d" as follows: d. The appropriate record as set forth in subrule 71.18(1)71.20(1) shall accompany the resident when the resident is transferred or discharged. ITEM 17. Amend subrule 71.14(1) as follows: 71.14(1) A treatment plan must be developed with each resident. The plan must be based on initial and ongoing assessment of need, be designed to resolve the acute or crisis mental health symptoms or the imminent risk of acute or crisis mental health symptoms, and be completed within six hours of admission, or no later than 12 noon following admission if the resident is admitted between 8 p.m. and 6 a.m. ITEM 18. Amend rule 481—71.16(135G) as follows:481—71.16(135G) Seclusion and restraint. 71.16(1) Use of a seclusion room. Pursuant to Iowa Code section 135G.3(2), a subacute care facility utilizing a seclusion roomused by a subacute care facility must meet the conditions of 42 CFR § 483.364(b). Use of the seclusion room shall be approved by a licensed psychiatrist or by order of the resident’s physician, a physician assistant, or an advanced registered nurse practitioner. a. A subacute care facility utilizing a seclusion room shall have written policies regarding its use. The policy shall: (1) Specify the types of behavior that may result in seclusion room placement. (2) Delineate the licensed personnel who may authorize use of the seclusion room. (3) Require documentation of the time in the seclusion room, the reasons for use of the seclusion room, and the reasons for any extension of time beyond one hour. Under no circumstances shall the use of the seclusion room exceed four hours. (4) Require notice to residents of the types of behavior that may result in seclusion room placement. b. A staff member shall always be in hearing distance of the seclusion room, and the resident shall be visually checked by the staff at least every 15 minutes. Every check shall be documented in writing. c. A seclusion room shall not be used for punishment, for the convenience of staff, or as a substitution for supervision. A seclusion room shall only be used when a less restrictive alternative has failed and: (1) In an emergency to prevent injury to the resident or to others; or (2) For crisis intervention. 71.16(2) Use of restraints. There shall be written policies that define the use of restraint, designate the staff member who may authorize its use, and establish a mechanism for monitoring and controlling its use. a. Restraint shall not be used for punishment, for the convenience of staff, or as a substitution for supervision. Restraint shall only be used:a. (1)In an emergency to prevent injury to the resident or to others; orb. (2)For crisis intervention. b. Restraint must not result in harm or injury to the resident and must be used only to ensure the safety of the resident or others during an emergency situation until the emergency situation has ceased, even if the restraint order has not expired. c. The use of restraint should be selected only when other less restrictive measures have been found to be ineffective to protect the resident or others. The staff shall demonstrate effective treatment approaches and alternatives to the use of restraint.Standing or as-needed orders for restraint are prohibited. d. Under no circumstances shall a resident be allowed to actively or passively assist in the restraint of another resident. e. Staff trained in the use of emergency safety interventions must be physically present and continually assessing and monitoring the well-being of the resident and the safe use of restraint throughout the duration of the emergency situation. 71.(9) 71.16(3) Orders for restraint or seclusion. An order for restraint or seclusion shall not be written as a standing order or on an as-needed basis. a. Each order for restraint or seclusion shall include: (1) The name of the ordering physician, physician assistant or advanced registered nurse practitioner. (2) The date and time the order is obtained. (3) The emergency safety intervention ordered, including the length of time for which restraint or seclusion is authorized. b. Orders for restraint or seclusion must be by a physician or other licensed practitioner permitted by law to order restraint or seclusion, physician assistant or advanced nurse practitioner. a. (1) Verbal orders must be received while the emergency safety intervention is being initiated by staff or immediately after the emergency safety situation ends and must be verified in writing in the resident’s record by the physician or other licensed practitioner permitted by law to order restraint or seclusion, physician assistant or advanced registered nurse practitioner. b. (2) Once the one-time order for the specific resident in an emergency safety situation has expired, it may not be renewed on a planned, anticipated, or as-needed basis. 71.16(4) Simultaneous use prohibited. Restraint and seclusion shall not be used simultaneously. 71.(10) 71.16(5) Documentation of use of restraint or seclusion. Staff must document in the resident’s record and in a centralized tracking system any use of restraint or seclusion. a. Documentation must be completed by the end of the shift in which the intervention occurs or during the shift in which it ends. b. Documentation shall include: (1) The order for restraint or seclusion. (2) The time the emergency safety intervention began and ended. (3) The emergency safety situation that required restraint or seclusion. (4) The name of staff involved in the emergency safety intervention. (5) The interventions used and their outcomes. (6) The signature of the physician, physician assistant or advanced nurse practitioner. 71.(11) 71.16(6) Meeting to process restraint or seclusion. As soon as reasonably possible after the restraint or seclusion of a resident has terminated, staff must meet to process the restraint or seclusion occurrence and document in writing the meeting. 71.(12) 71.16(7) Multiple occasions of restraint or seclusion. A resident who requires restraint or seclusion on multiple occasions should be considered for a higher level of care. 71.(13) 71.16(8) Staff training. The facility shall provide to the staff training by qualified professionals on physical restraint and seclusion theory and techniques. a. The facility shall keep a record of the training, including attendance, for review by the department. b. Only staff who have documented training in physical restraint and seclusion theory and techniques shall be authorized to assist withthe seclusion or physical restraint of a resident. ITEM 19. Amend subrule 71.17(1) as follows: 71.17(1) Medications must be ordered by qualified prescribers and administered by qualified personnel.For purposes of this subrule, “qualified personnel” means, at a minimum, a certified medication aide. ITEM 20. Amend subrule 71.17(7) as follows: 71.17(7) Whenever a resident brings the resident’s own prescribed medications into the facility, such medications must not be administered unless identifiedby a qualified prescriber or pharmacist and ordered by a qualified prescriber. If such medications cannot be administered, they must be packaged, sealed, and returned to an adult member of the resident’s immediate family or the legal guardian or securely stored and returned to the resident upon discharge. However, if previously prescribed medication would prove harmful to the resident, the medication may be withheld from the resident and disposed of in accordance with subrule 71.17(6). There must be documentation by the qualified prescriber in the resident’s clinical record citing the dangers or contraindications of the medication being withheld. ITEM 21. Renumber rules 481—71.18(135G) to 481—71.20(135G) as 481—71.20(135G) to 481—71.22(135G). ITEM 22. Adopt the following new rule 481—71.18(135G):481—71.18(135G) Dietary. 71.18(1) Nutrition and menu planning. a. Menus shall be planned and followed to meet the nutritional needs of residents. b. Menus shall be planned and served to include foods and amounts necessary to meet federal dietary guidelines. c. At least three meals or their equivalent shall be served daily, at regular hours. 71.18(2) Dietary storage, food preparation, and service. All food shall be handled, prepared, served and stored in compliance with the Food Code adopted pursuant to Iowa Code section 137F.2. ITEM 23. Adopt the following new rule 481—71.19(135G):481—71.19(135G) Buildings, furnishings, and equipment. 71.19(1) Buildings—general requirements. a. All windows shall be supplied with window treatments that are kept clean and in good repair. b. Whenever glass sliding doors or transparent panels are used, they shall be marked conspicuously. c. The facility shall meet the equivalent requirements of the appropriate group occupancy of the state fire code. 71.19(2) Furnishings and equipment. a. All furnishings and equipment shall be durable, cleanable, and appropriate to their function. b. Upholstery materials shall be moisture- and soil-resistant as needed, except on furniture provided by the resident and the property of the resident. 71.19(3) Dining area and common area. Every facility shall have a dining area and a common area easily accessible to all residents. a. A common area shall be maintained for the use of residents and their visitors and may be used for recreational activities. Common areas shall be suitably furnished. b. Dining areas shall be furnished with dining tables and chairs appropriate to the size and function of the facility. Dining areas and furnishings shall be kept clean and sanitary. 71.19(4) Bedrooms. a. Each resident shall be provided with a standard, single, or twin bed, substantially constructed and in good repair. Rollaway beds, metal cots, or folding beds are not acceptable. b. Each bed shall be equipped with the following: casters or glides; clean springs in good repair; a clean, comfortable, well-constructed mattress approximately five inches thick and standard in size for the bed; and clean, comfortable pillows of average bed size. c. Each resident shall have a bedside table with a drawer to accommodate personal possessions. d. There shall be a comfortable chair, either a rocking chair or armchair, per resident bed. The resident’s personal wishes shall be considered. e. There shall be drawer space for each resident’s clothing. In a bedroom in which more than one resident resides, drawer space shall be assigned to each resident. f. Beds and other furnishings shall not obstruct free passage to and through doorways. g. Beds shall not be placed in such a manner that the side of the bed is against the radiator or in close proximity to it unless the radiator is covered so as to protect the resident from contact with it or from excessive heat. h. There shall be no more than two residents per room. 71.19(5) Bath and toilet facilities. a. There shall be a minimum of one toilet and one sink for each four residents and one shower for each eight residents. For example, a facility with the maximum of 16 beds shall have four toilets and sinks and two showers. b. All sinks shall have paper towel dispensers and an available supply of soap. c. Toilet paper shall be readily available to residents. 71.19(6) Heating. A centralized heating system shall be maintained in good working order and capable of maintaining a comfortable temperature for residents of the facility. Portable units or space heaters are prohibited from being used in the facility except in an emergency. 71.19(7) Water supply. a. Private sources of water supply shall be tested annually and the report made available for review by the department upon request. b. A bacterially unsafe source of water supply shall be grounds for denial, suspension, or revocation of license. c. The department may require testing of private sources of water supply at its discretion in addition to the annual test. The facility shall supply reports of such tests as directed by the department. d. Hot and cold running water under pressure shall be available in the facility. e. Prior to construction of a new facility or new water source, private sources of water supply shall be surveyed and shall comply with the requirements of the department. ITEM 24. Amend renumbered subrule 71.22(1) as follows: 71.22(1) Emergency care. Each facility shall have written policies and procedures for emergency medical and psychiatric caretreatment, which shall include immediate notification by the person in charge to the physician, physician assistant, advanced registered nurse practitioner or mental health professional of any accident, injury or adverse change in the resident’s condition. “Immediate” for purposes of this subrule means within 24 hours. ITEM 25. Amend renumbered subrule 71.22(4) as follows: 71.22(4) Safe environment. The licensee of a subacute care facility is responsible for the provision and maintenance of a safe environment for residents and personnel. The subacute care facility shall meet the fire and safety rules as promulgated by the state fire marshalor the state fire marshal’s designee.ARC 4326CInsurance Division[191]Notice of Intended ActionProposing rule making related to unfair trade practices and providing an opportunity for public comment
The Insurance Division hereby proposes to amend Chapter 15, “Unfair Trade Practices,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code chapter 507B.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 507B.Purpose and Summary This proposed rule making is intended to implement a model regulation adopted by the National Association of Insurance Commissioners.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 The Division’s general waiver provisions of 191—Chapter 4 apply to these rules. 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 Division no later than 4:30 p.m. on April 2, 2019. Comments should be directed to: Ann Outka Insurance Division Two Ruan Center 601 Locust Street, Fourth Floor Des Moines, Iowa 50309 Fax: 515.281.3059 Email: ann.outka@iid.iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: April 2, 2019 11 a.m. to 12 noon Division Offices, Fourth Floor Two Ruan Center 601 Locust Street Des Moines, Iowa Persons attending the public hearing will be asked to provide their names; persons may submit written comments; if persons wish to make oral comments in person or by telephone, they will be asked to state their names and who they represent for the record and to confine any 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 Division 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:
ITEM 1. Amend paragraph 15.66(6)"h" as follows: h. TheExcept as provided by paragraph 15.66(6)“v,” nonguaranteed elements underlying the nonguaranteed illustrated values shall be no more favorable than current nonguaranteed elements and shall not include any assumed future improvement of such elements. Additionally, nonguaranteed elements used in calculating nonguaranteed illustrated values at any future duration shall reflect any planned changes, including any planned changes that may occur after expiration of an initial guaranteed or bonus period; ITEM 2. Amend paragraphs 15.66(6)"t" and 15.66(6)"u" as follows: t. Annuitization benefits shall be based on contract values that reflect surrender charges or any other adjustments, if applicable; and u. Illustrations shall show both annuity income rates per $1000.00 and the dollar amounts of the periodic income payable.; and ITEM 3. Adopt the following new paragraph 15.66(6)"v": v. For participating immediate and deferred income annuities: (1) Illustrations shall not assume any future improvement in the applicable dividend scale (or scales, if more than one dividend scale applies, such as for a flexible premium annuity); (2) Illustrations shall reflect the equitable apportionment of dividends, whether performance meets, exceeds or falls short of expectations; (3) If the dividend scale is based on a portfolio rate method, the portfolio rate underlying the illustrated dividend scale shall not be assumed to increase; (4) If the dividend scale is based on an investment cohort method, the illustrated dividend scale shall assume that reinvestment rates grade to long-term interest rates, subject to the following conditions: 1. Any assumptions as to future investment performance in the dividend formula shall be consistent with assumptions that are reflected in the marketplace within the normal range of analyst forecasts and investor behavior. These assumptions shall not be changed arbitrarily, notwithstanding changes in markets or economic conditions, and shall be consistent with assumptions that the insurer uses with respect to other lines of business. 2. The illustrated dividend scale shall assume that reinvestment rates grade to long-term interest rates, based on the rates of U.S. Treasury bonds (U.S. Treasury rates). For the purposes of this grading, the assumed long-term rates shall not exceed the rates calculated using the formula in numbered paragraph 15.66(6)“v”(4)“3” based on the time to maturity or reinvestment (the “tenor”) of the investments supporting the cohort of policies. 3. Maximum long-term interest rates shall be calculated for tenors of 3 months or less, 5 years, 10 years, and 20 years or more, using U.S. Treasury rates. For each tenor, the maximum long-term interest rate shall vary over time, based on historical interest rates as they emerge. The formula for the maximum long-term interest rate is the average of the median U.S. Treasury rate during the last 600 months and the average U.S. Treasury rate during the last 120 months, rounded to the nearest quarter of one percent (0.25%). 4. The maximum long-term interest rate for a tenor shall be recalculated once per year, in January, using historical interest rates as of December 31 of the calendar year two years prior to the calendar year of the calculation date. The historical interest rate for each month is the interest rate reported for the last business day of the month. 5. Grading to the maximum long-term interest rates shall take place during:Proposing rule making related to calculating net general fund revenues and providing an opportunity for public comment
The Management Department hereby proposes to adopt new Chapter 15, “Calculating Net General Fund Revenues,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 8.6 and 2018 Iowa Acts, chapter 1161, section 133.State or Federal Law Implemented This rule making implements, in whole or in part, 2018 Iowa Acts, chapter 1161, section 133.Purpose and Summary The proposed rule making will establish procedures to calculate net General Fund revenues and will define “total appropriated general fund revenues,” “transfers from reserved funds,” “tax and other refunds,” and “school infrastructure transfers,” including the types and categories of receipts that will be included within each definition and in the calculation of net General Fund revenues. The Director of the Department approved this Notice of Intended Action on February 8, 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 rule 541—1.3(8). 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 Department no later than 4:30 p.m. on April 2, 2019. Comments should be directed to: Joel Lunde Iowa Department of Management State Capitol, Room 13 1007 East Grand Avenue Des Moines, Iowa 50319 Phone: 515.281.3322 Fax: 515.242.5897 Email: joel.lunde@iowa.govPublic 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:
ITEM 1. Adopt the following new 541—Chapter 15: CHAPTER 15CALCULATING NET GENERAL FUND REVENUES541—15.1(87GA,ch1161) Calculation of net general fund revenues. 15.1(1) Definitions. For purposes of this rule: "Comprehensive annual financial report of the state" means the report established under Iowa Code section 8A.502(8). "Fiscal year" means the fiscal year of government as established in Iowa Code section 8.36. "Revenue estimating conference" means the conference established in Iowa Code section 8.22A(1). "School infrastructure transfers" means transfers from the general fund of the state to the secure an advanced vision for education fund created under Iowa Code section 423F.2(2) and as determined by the revenue estimating conference. "Tax and other refunds" means tax refunds as determined by the revenue estimating conference under Iowa Code section 8.22A(4). "Total appropriated general fund revenues" means total funds deposited into the general fund of the state as defined in Iowa Code section 444.21 and determined by the revenue estimating conference established in Iowa Code section 8.22A(1). "Transfers from reserve funds" means the transfers established under Iowa Code section 8.55(2)“b” to the general fund from the economic emergency fund established under Iowa Code section 8.55(1). 15.1(2) Calculation of net general fund revenues. Net general fund revenues are calculated for each fiscal year using the total appropriated general fund revenues for each fiscal year, less tax and other refunds and school infrastructure transfers for each fiscal year pursuant to the accounting rules for accruals established under the comprehensive annual financial report of the state. This rule is intended to implement 2018 Iowa Acts, chapter 1161, section 133.ARC 4325CTransportation Department[761]Notice of Intended ActionProposing rule making related to updates of administrative procedures and providing an opportunity for public comment
The Department of Transportation hereby proposes to amend Chapter 10, “Administrative Rules,” Chapter 11, “Waiver of Rules,” and Chapter 12, “Declaratory Orders,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 17A.7, 17A.9, 17A.9A and 307.12.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 17A.7, 17A.9 and 17A.9A.Purpose and Summary The proposed amendments to Chapters 10, 11 and 12 update the office name of the Department’s rules administrator and add email as an option for a person wanting to submit a petition for rule making, petition for waiver, or petition for declaratory order to the Department. The proposed amendments to Chapter 10 also modify language in subparagraph 10.2(2)“a”(2) to suggest that persons who have requested an oral presentation provide the Department with the general subject of the presentation.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 April 2, 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: April 4, 2019 10 a.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 actions are proposed:
ITEM 1. Amend subrule 10.1(2) as follows: 10.1(2) Address. Themailing address of the department’s rules administrator is: Rules Administrator, Operations and Finance DivisionStrategic Communications and Policy, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010.The email address of the rules administrator may be found on the department’s website at iowadot.gov/administrativerules. ITEM 2. Amend subparagraph 10.2(2)"a" as follows: (2) If an oral presentation is requested, therequester is encouraged to set forth the general contentsubject of the presentation shall be indicated. ITEM 3. Amend subrule 10.3(1), introductory paragraph, as follows: 10.3(1) The department shall accept and consider, from any person or agency, petitions for rule making when submitted to the department’s rules administratorby mail or email and prepared in conformance with the following: ITEM 4. Amend 761—Chapter 10, implementation sentence, as follows: These rules are intended to implement Iowa Code sections 17A.1 to 17A.9, 17A.19, and 307.12 and section 307A.2 as amended by 2015 Iowa Acts, House File 635, section 20. ITEM 5. Amend subrule 11.5(3) as follows: 11.5(3) Submission of petition. A petition for waiver from the requirements of a rule shall be submitted to therules administrator either by mail to Rules Administrator, Operations and Finance DivisionStrategic Communications and Policy, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; or by email to the rules administrator’s email address listed on the department’s website at iowadot.gov/administrativerules. ITEM 6. Amend subrule 11.8(2) as follows: 11.8(2) The operations and finance divisiondepartment’s rules administrator shall, at a minimum, retain for five years records relating to waivers granted or denied under this chapter. ITEM 7. Amend subrule 12.2(2) as follows: 12.2(2) The petition must be submitted to the department’s rules administrator at the following address:either by mail to Rules Administrator, Operations and Finance DivisionStrategic Communications and Policy, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; or by email to the rules administrator’s email address listed on the department’s website at iowadot.gov/administrativerules.ARC 4332CInsurance Division[191]Filed Emergency After NoticeRule making related to short-term limited-duration health insurance policies
The Insurance Division hereby amends Chapter 35, “Accident and Health Insurance,” and Chapter 36, “Individual Accident and Health—Minimum Standards and Rate Hearings,” Iowa Administrative Code. Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code chapters 505 and 514D and 83 FR 38212.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 505 and 514D and 83 FR 38212.Purpose and Summary This rule making implements, in whole or in part, a final rule issued by the Internal Revenue Service, Department of the Treasury; the Employee Benefits Security Administration, Department of Labor; and the Centers for Medicare and Medicaid Services, Department of Health and Human Services, found at 83 FR 38212 (new HHS rule). The new HHS rule extends the permissible policy term periods for short-term limited-duration health insurance policies to up to 12 months (increased from three months). The new federal rule also allows such plans to be renewable for a period of up to three years. Prior to this new HHS rule, these plans were not renewable for periods beyond three months. The new HHS rule was published in the Federal Register on August 3, 2018, and became effective on October 2, 2018. The amendments adopt a minimum standard of benefits for short-term limited-duration health insurance policies, in response to the new HHS rule, and require certain other consumer protections. These amendments also allow for the Insurance Division’s administration of short-term limited-duration health insurance in response to the new HHS rule.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 16, 2019, as ARC 4242C. A public hearing was held on February 8, 2019, at 11 a.m. at the Division’s offices on the fourth floor of Two Ruan Center, 601 Locust Street, Des Moines, Iowa. Three persons attended the public hearing. Ten public comments were received. No changes from the Notice have been made.Reason for Waiver of Normal Effective Date Pursuant to Iowa Code section 17A.5(2)“b”(1)(b), the Insurance Division finds that the normal effective date of this rule making, 35 days after publication, should be waived and the rule making made effective on February 20, 2019, because the Insurance Division finds that the availability and affordability of health insurance is critical for the greater public interest and that the necessity of ensuring that short-term limited-duration coverage has appropriate consumer protections requires adoption of these amendments.Adoption of Rule Making This rule making was adopted by the Insurance Division on February 20, 2019.Fiscal Impact This rule making may have some fiscal impact to the State of Iowa, in that an increase in the number of these plans being sold would increase the amount of premium tax funds collected by the State from the issuing companies. While the expected fiscal impact is unknown because the number of plans that will be sold by the issuing companies is unknown, the Insurance Division does not expect a large fiscal impact from the amount of premium tax funds collected. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers The Insurance Division’s general waiver provisions of 191—Chapter 4 apply to these 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 became effective on February 20, 2019. The following rule-making actions are adopted:
ITEM 1. Amend rule 191—35.23(509), definition of “Creditable coverage,” as follows: "Creditable coverage" means health benefits or coverage provided to an individual under any of the following:- A group health plan.
- Health insurance coverage.
- Part A or Part B Medicare pursuant to Title XVIII of the federal Social Security Act.
- Medicaid pursuant to Title XIX of the federal Social Security Act, other than coverage consisting solely of benefits under Section 1928 of that Act.
- 10 U.S.C. ch. 55.
- A health or medical care program provided through the Indian Health Service or a tribal organization.
- A state health benefits risk pool.
- A health plan offered under 5 U.S.C. ch. 89.
- A public health plan as defined under federal regulations.
- A health benefit plan under Section 5(e) of the Peace Corps Act, 22 U.S.C. 2504(e).
- A short-term limited durationallimited-duration policy.
- “Health insurance coverage” does not include any of the following:
- Coverage for accident only, or disability income insurance.
- Coverage issued as a supplement to liability insurance.
- Liability insurance, including general liability insurance and automobile liability insurance.
- Workers’ compensation or similar insurance.
- Automobile medical payment insurance.
- Credit-only insurance.
- Coverage for on-site medical clinic care.
- Other similar insurance coverage, specified in federal regulations, under which benefits for medical care are secondary or incidental to other insurance benefits.
- Flexible spending accounts.
- “Health insurance coverage” does not include benefits provided under a separate policy as follows:
- Limited scope dental or vision benefits.
- Benefits for long-term care, nursing home care, home health care, or community-based care.
- Short-term limited durationallimited-duration insurance.
- Any other similar, limited benefits as provided by rule of the commissioner.
- Stop loss insurance coverage.
- “Health insurance coverage” does not include benefits offered as independent noncoordinated benefits as follows:
- Coverage only for a specified disease or illness;
- Hospital indemnity or other fixed indemnity insurance.
- “Health insurance coverage” does not include Medicare supplemental health insurance as defined under Section 1882(g)(1) of the federal Social Security Act, coverage supplemental to the coverage provided under 10 U.S.C. ch. 55, and similar supplemental coverage provided under insurance coverage.
- “Group health insurance coverage” means health insurance coverage offered in connection with a group health plan.
Rule making related to fine arts programs
The Arts Division hereby rescinds Chapter 12, “Artsafe Program,” and Chapter 13, “Art in State Buildings Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 303.1A.State or Federal Law Implemented This rule making implements, in whole or in part, 2017 Iowa Acts, Senate File 516.Purpose and Summary This rule making rescinds the Artsafe program, which implemented Iowa Code sections 304A.21 to 304A.29 authorizing the Arts Division to provide State of Iowa indemnification to eligible nonprofit Iowa organizations against loss or damage during the exchange, transportation, or exhibition of eligible art and artifacts. The amendments also rescind the Art in State Buildings program, which implemented Iowa Code sections 304A.8 to 304A.14 requiring state agencies and departments to reserve one-half of 1 percent of the total cost of state construction projects for the acquisition of fine arts in state buildings.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 2, 2019, as ARC 4197C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Director of the Department of Cultural Affairs on February 6, 2019.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. It removes rules for programs that no longer exist. 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.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 April 17, 2019. The following rule-making actions are adopted:
ITEM 1. Rescind and reserve 222—Chapter 12. ITEM 2. Rescind and reserve 222—Chapter 13. [Filed 2/12/19, effective 4/17/19][Published 3/13/19]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/13/19.ARC 4334CCity Finance Committee[545]Adopted and FiledRule making related to fund transfers
The City Finance Committee hereby amends Chapter 2, “Budget Amendments and Fund Transfers,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 384.15.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 384.6.Purpose and Summary These amendments clarify the meaning of “transfers between funds” by adding definitions of “fund transfer resolution” and “intrafund transfer” and require all transfers of moneys between city funds to be approved by a fund transfer resolution.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 16, 2019, as ARC 4234C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Committee on February 20, 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 The Committee does not intend to grant waivers to these 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 April 17, 2019. The following rule-making actions are adopted:
ITEM 1. Amend rule 545—2.1(384,388) as follows:545—2.1(384,388) Definitions. The following terms when used in the rules of this part have the following meanings: "Act" means the home rule Act, Acts of the Sixty-fourth General Assembly, chapter 1088, as amended. "Budget amendment" means any change in the appropriations of a city’s budget after the budget has been finally adopted, and that requires preparation and adoption as provided in Iowa Code section 384.16 and subject to protest in Iowa Code section 384.19.If in these rules the committee has provided that amendments of certain types or up to certain amounts do not require preparation and adoption as provided in Iowa Code section 384.15 and are not subject to protest as provided in Iowa Code section 384.19, then these types of amendments are not considered to be budget amendments. "Budget appropriation" means the allocation of the total appropriation to each program for the following fiscal year, as provided for by a city’s budget as finally adopted. All appropriations shall be allocated to one or more of the nine programs as defined in this rule.Any expenditure authorized in Iowa Code sections 384.23 to 384.94 shall be deemed appropriated. "Detailed budget" shall mean documenting revenues and transfer in by sources and funds, and documenting expenditures and transfers out by funds, functions and objects. "Fund" means a fiscal and accounting entity with a self-balancing set of accounts recording cash and other financial resources, together with all related liabilities and residual equities or balances, and changes therein, which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions or limitations. "Fund transfer resolution" means a resolution of the city council which must be passed to allow for transfers between funds. A fund transfer resolution must be completed for all transfers between funds and must include a clear statement of reason or purpose for the transfer, the name of the fund from which the transfer is originating, the name of the fund into which the transfer is to be received, and the dollar amount to be transferred. For transfers of utility surpluses outlined in subrule 2.5(5), the calculation proving the surplus must also be shown in the resolution. Intrafund transfers do not require a fund transfer resolution. Multiple transfers between funds may be approved in one resolution, so long as each transfer’s purpose, originating fund or subfund, and receiving fund or subfund, and the amount of transferred dollars are separately identified. Fund transfer resolutions may also be included in budget or budget amendment adoption resolutions, so long as each transfer’s purpose, originating fund or subfund and receiving fund or subfund, and the amount of transferred dollars are separately identified. "Intrafund transfer" means a transfer between accounts or subfunds within a fund. "Program" means any one of the following nine major functions of public service that the city finance committee requires citiesa city to use in defining itsthe city’s program structure:- Public safety;
- Public works;
- Health and social services;
- Culture and recreation;
- Community and economic development;
- General government;
- Debt service;
- Capital projects;
- Business-type activities.
Rule making related to air quality
The Environmental Protection Commission hereby amends Chapter 20, “Scope of Title—Definitions,” Chapter 22, “Controlling Pollution,” Chapter 23, “Emission Standards for Contaminants,” and Chapter 25, “Measurement of Emissions,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 455B.133.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 455B.133.Purpose and Summary The purposes of this rule making are to: 1. Reduce the cost of government while providing streamlined services to the public and regulated community. 2. Update rules to provide regulatory certainty and flexibility. The amendments implement a portion of the Department of Natural Resources’ (Department’s) five-year review of rules plan to accomplish the requirements of Iowa Code section 17A.7(2). 3. Offer uniform rules by making changes that match federal regulations and eliminate inconsistencies between federal regulations and state administrative rules. By adopting federal updates into state administrative rules, the Commission is ensuring that Iowa’s air quality rules are no more stringent than federal regulations. Additionally, the updates allow the Department, rather than the U.S. Environmental Protection Agency (EPA), to be the primary agency to implement the air quality requirements in Iowa, thereby allowing the Department to provide compliance assistance and outreach to affected facilities. Items 1 and 6 amend the definition of “EPA reference method” to adopt the technical corrections that EPA made to continuous methods for measuring air pollutant emissions. The corrections were published on August 7, 2017, in the Federal Register and codified in 40 Code of Federal Regulations (CFR) Part 60, Appendix B. Item 15 also adopts these federal updates into the methods and procedures established in Chapter 25 for continuous monitoring systems. Adopting EPA’s updates ensures that state reference methods match current federal reference methods and are no more stringent than the federal methods. Item 2 adds a cross reference to the rules for nonattainment areas specified in Chapter 31 of the Commission’s rules. Items 3, 4, 5, 7, 9, 10 and 11 update the location and mailing address for the Department’s Air Quality Bureau. Item 8 establishes electronic submittal of the annual emissions inventories required under the Title V operating permit program. To simplify the reporting requirements for industry, increase reporting efficiency and reduce cost to the state, the Commission is requiring the use of electronic reporting for all Title V facilities, beginning with reports due to the Department by March 31, 2019. Facilities required to obtain Title V permits are required to annually report their actual air pollution emissions. “Title V facilities” are those that are permitted to emit over 100 tons of air pollution annually (or significant levels of specified hazardous air pollutants). There are currently 289 Title V facilities in Iowa, including electric generating utilities, grain-processing facilities, manufacturing plants, and others. The Department has since 2002 offered an electronic submission system for reporting air pollution emissions. In 2015, SLEIS (the State and Local Emissions Inventory System) was introduced, offering a significantly more streamlined method for reporting. This year, 82 percent of Title V facilities submitted their inventories on SLEIS, the current e-submittal system for emissions inventories. Annually, the Department provides in-person emissions inventory and SLEIS user training at several locations in the state. Online training tutorials also are available on demand on the Department’s website. Item 12 amends subrule 23.1(2) to adopt by reference new and revised New Source Performance Standards (NSPS). The Commission adopts the federal NSPS for sewage sludge incineration (SSI) units. The federal regulation was published in the Federal Register on March 21, 2011, and applies to SSI units for which construction or reconstruction commenced after October 14, 2010, or for which modification commenced after September 21, 2011. Since its publication, the SSI NSPS has been subject to reconsideration petitions and litigation. The Commission adopts these federal amendments because EPA’s reconsiderations and the litigation of the federal standards have recently been resolved. At this time, no facilities in Iowa are affected by this NSPS. A facility that constructs a new SSI unit, or an existing facility that modifies its SSI unit, could become subject to this NSPS in the future. (See Item 14 for a related amendment.) The amendment in Item 12 also adopts the changes EPA made to the NSPS test methods, as explained in the description above for Items 1, 6 and 15. The amendments to the NSPS are adopted by reference through revision of the adoption date specified in the introductory paragraph of subrule 23.1(2). Item 13 amends subrule 23.1(4) to adopt federal amendments to the federal National Emission Standards for Hazardous Air Pollutants (NESHAP) for source categories, as described below. The federal amendments are adopted by reference through revision of the adoption date specified in the introductory paragraph of subrule 23.1(4). The text in parentheses in each section heading below indicates the applicable subpart in 40 CFR Part 63 and the corresponding paragraph in subrule 23.1(4). Phosphoric Acid Manufacturing and Phosphate Fertilizer Production (Subpart AA; paragraph “aa”) Updates to this NESHAP were published in the Federal Register on September 28, 2017. In response to petitions for reconsideration from stakeholders, EPA extended some compliance dates for affected sources and clarified one option and added a new option for monitoring requirements. At this time, no facilities in Iowa are affected by this NESHAP. New facilities, or existing facilities that change their production lines, could become subject to this NESHAP in the future. Offsite Waste and Recovery Operations (Subpart DD; paragraph “ad”) The amendment adopts changes to the standards for offsite waste and recovery operations published in the Federal Register on January 29, 2018. EPA’s final amendments address petitions for reconsideration regarding requirements for continuous monitoring of pressure relief devices (PRDs) on containers. EPA’s action removes the additional monitoring requirements for PRDs on containers because EPA determined that the requirements were unnecessary. At this time, no facilities in Iowa are affected by this NESHAP. New facilities, or existing facilities that change their production lines, could become subject to this NESHAP in the future. Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills (Subpart MM; paragraph “am”) EPA’s rule amendments published in the Federal Register on October 11, 2017, include reducing the opacity (visible emissions) monitoring allowance for recovery furnaces and for lime kilns, adding electronic reporting requirements for semiannual compliance reports, updating monitoring and testing requirements, and requiring periodic stack testing and electronic reporting of stack test results. At this time, no facilities in Iowa are affected by this NESHAP. New facilities, or existing facilities that change their production lines, could become subject to this NESHAP in the future. Portland Cement Manufacturing (Subpart LLL, paragraph “bl”) EPA’s amendments to this NESHAP were published in the Federal Register on July 25, 2018, and August 3, 2018, and reflect corrections and clarifications of the rule requirements and provisions. EPA states that the amendments result in improved monitoring, compliance, and implementation of the rule. This NESHAP affects three facilities in Iowa (one facility is currently idled). Wool Fiberglass Manufacturing (Subpart NNN; paragraph “bn”) Amendments to this NESHAP were published in the Federal Register on December 26, 2017. EPA revised the federal standard to require affected facilities to conduct additional monitoring and record-keeping activities. In addition, affected facilities with flame attenuation lines will need to demonstrate compliance with new emission standards. EPA provided existing affected facilities a three-year period in which to comply with new NESHAP requirements. At this time, no facilities in Iowa are affected by this NESHAP. New facilities, or existing facilities that change their production lines, could become subject to this NESHAP in the future. Item 14 adopts by reference the federal Emission Guidelines for existing SSI units. EPA’s Emission Guidelines provide “model rules” that states may adopt by reference in setting the requirements for existing sources. When a state does not have an approved State Plan by EPA’s specified deadline, EPA promulgates a Federal Plan for affected facilities in 40 CFR Part 62 with rules essentially identical to the model rules. EPA’s Federal Plan for existing SSI is set forth in 40 CFR Part 62. Concurrent with the NSPS for SSI units described above in Item 12, EPA published the Emission Guidelines for SSI units in the Federal Register on March 21, 2011. The standards apply to SSI units for which construction or reconstruction commenced on or before October 14, 2010. As with the NSPS, the Emission Guidelines have been subject to reconsideration petitions and litigation since publication. The Commission is adopting the federal regulations for existing SSI units because EPA’s reconsiderations and the litigation of the federal standards have recently been resolved. One facility in Iowa is currently affected by these amendments. As with the NSPS and NESHAP, the Commission adopts EPA’s Emission Guidelines by reference so that the requirements are no more or less stringent than federal requirements. In this case, the Commission adopts EPA’s Federal Plan for SSI units (rather than the model rules for states) because the one facility affected by the Emission Guidelines is already complying with the Federal Plan, as set forth in 40 CFR Part 62, Subpart LLL. Adoption of the provisions in Subpart LLL will provide regulatory certainty and continuity for the affected facility.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 19, 2018, as ARC 4178C. An Amended Notice of Intended Action was published in the Iowa Administrative Bulletin on January 2, 2019, as ARC 4221C. A public hearing was held on January 22, 2019, at 1 p.m. in Conference Room 4 East, Wallace State Office Building, Des Moines, Iowa. One person attended the public hearing but did not provide any comments. The Department received one written comment prior to the January 22, 2019, deadline for public comments. The comment provided was outside the scope of the rule making. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Commission on February 19, 2019.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. After analysis and review of this rule making, the Commission has determined that most of the changes will have a neutral fiscal impact on affected facilities, the general public, and counties or local governments. The Commission does note that some of the amendments may benefit the private sector because they streamline current air quality programs. Affected businesses and the public benefit from up-to-date air quality requirements and increased effectiveness. A copy of the fiscal impact statement is available from the Department upon request. Jobs Impact After analysis and review of this rule making, the Commission has determined that the amendments specified in Items 1 through 11 and Item 15 will have a neutral impact on private sector jobs. The Commission does note that some of the amendments may benefit the private sector because they streamline current air quality programs. For the amendments specified in Items 12, 13 and 14, the Commission has determined that there may be jobs impacts to Iowa businesses. However, the amendments are only implementing federally mandated regulations. The amendments are identical to the federal regulations and would not impose any regulations on Iowa businesses not already required by federal law. In some cases, the revised federal standards being adopted provide more flexibility and potential cost savings for affected businesses, offering a positive impact on private sector jobs. A copy of the complete jobs impact statement is available from the Department upon request. 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 561—Chapter 10.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 April 17, 2019. The following rule-making actions are adopted:
ITEM 1. Amend rule 567—20.2(455B), definition of “EPA reference method,” as follows: "EPA reference method" means the following methods used for performance tests and continuous monitoring systems:- Performance test (stack test). A stack test shall be conducted according to EPA reference methods specified in 40 CFR 51, Appendix M (as amended through August 30, 2016); 40 CFR 60, Appendix A (as amended through August 30, 2016); 40 CFR 61, Appendix B (as amended through August 30, 2016); and 40 CFR 63, Appendix A (as amended through August 30, 2016).
- Continuous monitoring systems. Minimum performance specifications and quality assurance procedures for performance evaluations of continuous monitoring systems are as specified in 40 CFR 60, Appendix B (as amended through August 30, 2016August 7, 2017); 40 CFR 60, Appendix F (as amended through August 30, 2016); 40 CFR 75, Appendix A (as amended through August 30, 2016); 40 CFR 75, Appendix B (as amended through August 30, 2016); and 40 CFR 75, Appendix F (as amended through August 30, 2016).
- The applicant has submitted a construction permit application to the department, as specified in subrule 22.1(3);
- The applicant has notified the department of the applicant’s intentions in writing five working days prior to initiating construction; and
- The source is not subject to rule 567—22.4(455B), 567—subrule 23.1(2), 567—subrule 23.1(3), 567—subrule 23.1(4), 567—subrule 23.1(5), rule 567—31.3(455B),or paragraph “b” of this subrule. Prevention of significant deterioration (PSD) provisions and prohibitions remain applicable until a proposed project legally obtains PSD synthetic minor status (i.e., obtains permitted limits which limit the source below the PSD thresholds).
- Performance test (stack test). A stack test shall be conducted according to EPA reference methods specified in 40 CFR 51, Appendix M (as amended through August 30, 2016); 40 CFR 60, Appendix A (as amended through August 30, 2016); 40 CFR 61, Appendix B (as amended through August 30, 2016); and 40 CFR 63, Appendix A (as amended through August 30, 2016).
- Continuous monitoring systems. Minimum performance specifications and quality assurance procedures for performance evaluations of continuous monitoring systems are as specified in 40 CFR 60, Appendix B (as amended through August 30, 2016August 7, 2017); 40 CFR 60, Appendix F (as amended through August 30, 2016); 40 CFR 75, Appendix A (as amended through August 30, 2016); 40 CFR 75, Appendix B (as amended through August 30, 2016); and 40 CFR 75, Appendix F (as amended through August 30, 2016).
- By August 1, 1996, if the source became subject to rule 567—22.101(455B) on or before August 1, 1995, unless otherwise required to obtain a Title V permit under rule 567—22.101(455B).
- Within 12 months of becoming subject to rule 567—22.101(455B) (the requirement to obtain a Title V operating permit) for a new source or a source which would otherwise become subject to the Title V permit requirement after August 1, 1995.
- The total actual emissions of each regulated air pollutant. Actual emissions shall be reported for one contiguous 12-month period within the 18 months preceding submission of the registration to the department;
- Identification and description of each emission unit with the potential to emit a regulated air pollutant;
- Identification and description of air pollution control equipment;
- Limitations on source operations affecting emissions or any work practice standards, where applicable, for all regulated pollutants;
- Fugitive emissions sources shall be included in the registration form in the same manner as stack emissions if the source is one of the source categories defined as a stationary source category in rule 567—22.100(455B).
- The designated facility to which the emission guidelines apply is each existing MSW landfill for which construction, reconstruction or modification was commenced before May 30, 1991.
- Physical or operational changes made to an existing MSW landfill solely to comply with an emission guideline are not considered a modification or reconstruction and would not subject an existing MSW landfill to the requirements of 40 CFR Part 60, Subpart WWW (40 CFR 60.750).
- For MSW landfills subject to rule 567—22.101(455B) only because of applicability to subparagraph 23.1(5)“a”(2), the following apply for obtaining and maintaining a Title V operating permit under 567—22.104(455B):
- MSW landfill emissions at each MSW landfill meeting the conditions below shall be controlled. A design capacity report must be submitted to the director by November 18, 1997.
- The planning and installation of a collection and control system shall meet the conditions provided in 40 CFR 60.752(b)(2) at each MSW landfill meeting the conditions in 23.1(5)“a”(3)“1.”
- MSW landfill emissions collected through the use of control devices must meet the following requirements, except as provided in 40 CFR 60.24 after approval by the Director and U.S. Environmental Protection Agency.
- The calculation of the landfill NMOC emission rate listed in 40 CFR 60.754, as applicable, to determine whether the landfill meets the condition in 23.1(5)“a”(3)“3”;
- The operational standards in 40 CFR 60.753;
- The compliance provisions in 40 CFR 60.755; and
- The monitoring provisions in 40 CFR 60.756.
- Except as provided for under 23.1(5)“a”(6)“2,” planning, awarding of contracts, and installation of MSW landfill air emission collection and control equipment capable of meeting the emission guidelines established under 23.1(5)“a”(3) shall be accomplished within 30 months after the date the initial NMOC emission rate report shows NMOC emissions greater than or equal to 50 megagrams per year.
- For each existing MSW landfill meeting the conditions in 23.1(5)“a”(3)“1” whose NMOC emission rate is less than 50 megagrams per year on August 20, 1997, installation of collection and control systems capable of meeting emission guidelines in 23.1(5)“a”(3) shall be accomplished within 30 months of the date when the condition in 23.1(5)“a”(3)“1” is met (i.e., the date of the first annual nonmethane organic compounds emission rate which equals or exceeds 50 megagrams per year).
Rule making related to state supplementary assistance
The Human Services Department hereby amends Chapter 51, “Eligibility,” and Chapter 52, “Payment,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 249A.4; 20 CFR §§416.2095 and 416.2096; and 2017 Iowa Acts, House File 653, sections 53 and 70.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 249A.4; 20 CFR §§416.2095 and 416.2096; and 2017 Iowa Acts, House File 653, sections 53 and 70.Purpose and Summary These amendments strike the specific assistance standard amounts for State Supplementary Assistance and amend the assistance standards definition to include the legal citation to pass along cost-of-living adjustments (COLAs) in accordance with 20 CFR §§416.2095 and 416.2096. COLA changes are effective January 1 each year.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 2, 2019, as ARC 4219C. This rule making was also adopted and filed emergency and published in the Iowa Administrative Bulletin as ARC 4220C on the same date. The Department received no comments during the public comment period. These amendments are identical to those published in the Iowa Administrative Bulletin under Adopted and Filed Emergency and Notice of Intended Action.Adoption of Rule Making This rule making was adopted by the Council on Human Services on February 13, 2019.Fiscal Impact The residential care facility (RCF) and family-life home personal needs allowances are increasing by $4 per month from $99 to $103 per month. The base personal needs allowance (PNA) is increased due to the 2.8 percent COLA this year along with an increase in the average monthly Medicaid copayment per client per month for RCF recipients. (The average Medicaid copayment per client per month is added to the base PNA to determine the final monthly PNA.) The average copayment per client per month for RCF recipients for August 2017 through July 2018 was $1.71. This is an increase of $0.81 from last year’s average of $0.90. For family-life home recipients, the $17 increase in the payment to the family-life home is offset by the $4 increase in the personal needs deduction and a $21 increase in the supplemental security income (SSI) payment. The recipient will pay up to $17 more due to the $21 increase in income and a $4 increase in the personal needs allowance. For RCF assistance recipients, the maximum total payment to the facility will increase up to $20.77 per month per recipient [($31.27 – $30.60) × 31 days]. RCF costs are shared by the state and the RCF recipient. Any potential increased costs to the state are expected to be more than offset by declining RCF caseloads in SFY 2019 and SFY 2020. For recipients of dependent-person assistance, the maximum monthly payment is increasing by $11, from $387 to $398. Each dependent-person assistance recipient will receive up to an $11 increase, resulting in an anticipated increase in state expenditures. However, this increase will be offset by the declining number of anticipated recipients, and most recipients do not qualify for the maximum payment.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).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 April 17, 2019, at which time the Adopted and Filed Emergency amendments are hereby rescinded. The following rule-making actions are adopted:
ITEM 1. Amend subrule 51.4(1) as follows: 51.4(1) Income. Income of a dependent relative shall be less than $387 per monththe amount established by the department based on assistance standards as provided in rule 441—52.1(249). When the dependent’s income is from earnings, an exemption of $65 shall be allowed to cover work expense. ITEM 2. Amend rule 441—51.7(249) as follows:441—51.7(249) Income from providing room and board. In determining profitincome from furnishing room and board or providing family-life home care, $387 per monththe amount established by the department based on assistance standards as provided in rule 441—52.1(249) shall be deducted to cover the cost, and the remaining amountshall be treated as earned income. This rule is intended to implement Iowa Code sections 249.3 and 249.4. ITEM 3. Amend rule 441—52.1(249), introductory paragraph, as follows:441—52.1(249) Assistance standards. Assistance standards are the amounts of money allowed on a monthly basis to recipients of state supplementary assistance in determining financial need and the amount of assistance granted.Current assistance standards shall be published on the department’s website. Assistance standards shall be adjusted annually to reflect cost-of-living adjustments (COLA) adopted by the Social Security Administration, in accordance with 20 CFR §§416.2095 and 416.2096. Adjustments to the assistance standards based on COLA are effective January 1 of each year. ITEM 4. Amend subrule 52.1(1) as follows: 52.1(1) Protective living arrangement. The following assistanceAssistance standards have beenshall be establishedby the department as provided in rule 441—52.1(249) for state supplementary assistancecare and personal allowances for persons living in a family-life home certified under rules in 441—Chapter 111.$813Care allowance$ 99Personal allowance$912Total ITEM 5. Amend subrule 52.1(2) as follows: 52.1(2) Dependent relative. The following assistanceAssistance standardsfor the following categorieshave beenshall be establishedby the department as provided in rule 441—52.1(249) for state supplementary assistance for dependent relatives residing in a recipient’s home.a. Aged or disabled client and a dependent relative $1,137.b. Aged or disabled client, eligible spouse, and a dependent relative $1,512.c. Blind client and a dependent relative $1,159.d. Blind client, aged or disabled spouse, and a dependent relative $1,534.e. Blind client, blind spouse, and a dependent relative $1,556. ITEM 6. Amend subrule 52.1(3) as follows: 52.1(3) Residential care. For periods of eligibility before July 1, 2017, the department will reimburse a recipient in either a privately operated or non-privately operated residential care facility on a flat per diem rate of $17.86 or on a cost-related reimbursement system with a maximum per diem rate of $30.11established consistent with the assistance standards principles provided in rule 441—52.1(249). The department shall establish a cost-related per diem rate for each licensed residential care facility choosing the cost-related reimbursement method of payment according to rule 441—54.3(249). For periods of eligibility beginning July 1, 2017,and thereafter, payment to a recipient in a privately operated licensed residential care facility shall be based on the maximum per diem rate of $30.11. Reimbursement for recipients in non-privately operated residential care facilities will be based on the flat per diem rate of $17.86 or be based on the cost-related reimbursement system with a maximum per diem rate of $30.11established consistent with the assistance standards principles provided in rule 441—52.1(249).For periods of eligibility beginning January 1, 2018, and thereafter, payment to a recipient in a privately operated licensed residential care facility shall be based on the maximum per diem rate of $30.60. Reimbursement for recipients in non-privately operated residential care facilities will be based on the flat per diem rate of $17.86 or be based on the cost-related reimbursement system with a maximum per diem rate of $30.60.The facility shall accept the per diem rate established by the department for state supplementary assistance recipients as payment in full from the recipient and make no additional charges to the recipient. a. All income of a recipient as described in this subrule after the disregards described in this subrule shall be applied to meet the cost of care before payment is made through the state supplementary assistance program.Income applied to meet the cost of care shall be the income considered available to the resident pursuant to supplemental security income (SSI) policy plus the SSI benefit less the following monthly disregards applied in the order specified: (1) When income is earned, impairment related work expenses, as defined by SSI plus $65 plus one-half of any remaining earned income. (2) An allowance of $99established by the department consistent with rule 441—52.1(249) shall be given to meet personal expenses and Medicaid copayment expenses. (3) When there is a spouse at home, the amount of the SSI benefit for an individual minus the spouse’s countable income according to SSI policies. When the spouse at home has been determined eligible for SSI benefits, no income disregard shall be made. (4) When there is a dependent child living with the spouse at home who meets the definition of a dependent according to the SSI program, the amount of the SSI allowance for a dependent minus the dependent’s countable income and the amount of income from the parent at home that exceeds the SSI benefit for one according to SSI policies. (5) Established unmet medical needs of the resident, excluding private health insurance premiums and Medicaid copayment expenses. Unmet medical needs of the spouse at home, exclusive of health insurance premiums and Medicaid copayment expenses, shall be an additional deduction when the countable income of the spouse at home is not sufficient to cover those expenses. Unmet medical needs of the dependent living with the spouse at home, exclusive of health insurance premiums and Medicaid copayment expenses, shall also be deducted when the countable income of the dependent and the income of the parent at home that exceeds the SSI benefit for one is not sufficient to cover the expenses. (6) The income of recipients of state supplementary assistance or Medicaid needed to pay the cost of care in another residential care facility, a family-life home, an in-home health-related care provider, a home- and community-based waiver setting, or a medical institution is not available to apply to the cost of care. The income of a resident who lived at home in the month of entry shall not be applied to the cost of care except to the extent the income exceeds the SSI benefit for one person or for a married couple if the resident also had a spouse living in the home in the month of entry. b. Payment is made for only the days the recipient is a resident of the facility. Payment shall be made for the date of entry into the facility, but not the date of death or discharge. c. Payment shall be made in the form of a grant to the recipient on a post payment basis. d. Payment shall not be made when income is sufficient to pay the cost of care in a month with less than 31 days, but the recipient shall remain eligible for all other benefits of the program. e. Payment will be made for periods the resident is absent overnight for the purpose of visitation or vacation. The facility will be paid to hold the bed for a period not to exceed 30 days during any calendar year, unless a family member or legal guardian of the resident, the resident’s physician, case manager, or department service worker provides signed documentation that additional visitation days are desired by the resident and are for the benefit of the resident. This documentation shall be obtained by the facility for each period of paid absence which exceeds the 30-day annual limit. This information shall be retained in the resident’s personal file. If documentation is not available to justify periods of absence in excess of the 30-day annual limit, the facility shall submit a Case Activity Report, Form 470-0042, to the county office of the department to terminate the state supplementary assistance payment.A family member may contribute to the cost of care for a resident subject to supplementation provisions at rule 441—51.2(249) and any contributions shall be reported to the county office of the department by the facility. f. Payment will be made for a period not to exceed 20 days in any calendar month when the resident is absent due to hospitalization. A resident may not start state supplementary assistance on reserve bed days. g. The per diem rate established for recipients of state supplementary assistance shall not exceed the average rate established by the facility for private pay residents. (1) Residents placed in a facility by another governmental agency are not considered private paying individuals. Payments received by the facility from such an agency shall not be included in determining the average rate for private paying residents. (2) To compute the facilitywide average rate for private paying residents, the facility shall accumulate total monthly charges for those individuals over a six-month period and divide by the total patient days care provided to this group during the same period of time. [Filed 2/13/19, effective 4/17/19][Published 3/13/19]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/13/19.ARC 4337CIowa Public Employees’ Retirement System[495]Adopted and FiledRule making related to five-year review of rules
The Iowa Public Employees’ Retirement System hereby amends Chapter 4, “Employers,” Chapter 6, “Covered Wages,” Chapter 7, “Service Credit and Vesting Status,” Chapter 8, “Service Purchases,” Chapter 9, “Refunds,” Chapter 11, “Application for, Modification of, and Termination of Benefits,” Chapter 12, “Calculation of Monthly Retirement Benefits,” Chapter 14, “Death Benefits and Beneficiaries,” and Chapter 16, “Domestic Relations Orders and Other Assignments,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 97B.4 and 97B.15.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 97B.Purpose and Summary This rule making is intended to conform rules with other rules and statutes or rescind rules that are outdated, redundant or inconsistent, or no longer in effect to meet the requirements of the statutory five-year review of rules for Chapters 6 to 10; to implement contribution rates for employers and regular and special service members beginning July 1, 2019; to simplify and update language in rules pertaining to sick and compensatory time; to emphasize that bona fide refunds require a member to remain out of IPERS-covered employment for 30 days and simplify language concerning restoring a member’s account; to clarify vesting status post-June 30, 2012, for special service and regular service members; to rescind and replace language in subrule 8.1(1) to update and revise current rules covering service purchases to conform with current law and practice; to align Internal Revenue Code (IRC) Section 415 testing compliance language with actual practice and Internal Revenue Service (IRS) regulation of all service purchases; to emphasize that service credit purchases are available for leaves of absence only if previously approved by the employer; to clarify that members have 60 days from the date of IPERS’ acceptance of a service purchase to revoke the purchase; to clearly define that periods during which a member was self-employed or worked as an independent contractor are not periods that can be used to make a service purchase; to stress the seriousness of the member’s notarized statement regarding efforts to locate the member’s spouse for the spouse’s written acknowledgment by changing “indicating” to “affirming”; to combine subrules 9.4(2) and 9.4(3) to increase clarity regarding the determination of a member’s last day of employment and use of an electronic funds transfer related to refunds; and to document current policy regarding payment of a named beneficiary’s share to the other named beneficiaries in the event the named beneficiary predeceases the member. Also, this rule making is intended to provide for corrections of overpayments and underpayments of contributions and benefits caused by the misreporting of covered wages; to eliminate successor alternate payee (SAP) language from qualified domestic relations orders; and to improve the alternate payee benefit process while retaining a member’s rights and securing alternate payee benefits.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 16, 2019, as ARC 4238C. A public hearing was held on February 5, 2019, at 9 a.m. at IPERS, 7401 Register Drive, Des Moines, Iowa. No one attended the public hearing. IPERS received one comment by email from a member concerned with the proposed changes to how alternate payee funds will be distributed when the alternate payee never claims the benefit. IPERS considered the comment and made no change to the rule. No changes from the Notice have been made. Adoption of Rule Making This rule making was adopted by IPERS on February 20, 2019.Fiscal Impact Contribution rate changes for all three member classes of IPERS employees (regular member, sheriffs and deputy sheriffs, and protection occupation) are reflected. No fiscal impact for regular class members has been found. A decreased fiscal impact for sheriffs and deputy sheriffs has been found. A decreased fiscal impact for the protection occupation class has been found. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers There are no discretionary rules in this filing. IPERS is following nondiscretionary statutes and rules adopted by the federal and state governments. 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 April 17, 2019. The following rule-making actions are adopted:
ITEM 1. Amend subrule 4.6(1) as follows: 4.6(1) Contribution rates for regular class members. a. The following contribution rates were established by the Iowa legislature for all regular class members for the indicated periods:Effective July 1, 2007Effective July 1, 2008Effective July 1, 2009Effective July 1, 2010Effective July 1, 2011Combined rate9.95%10.45%10.95%11.45%13.45% Employer6.05%6.35%6.65%6.95%8.07% Employee3.90%4.10%4.30%4.50%5.38% b. Effective July 1, 2012, and every year thereafter, the contribution rates for regular members shall be publicly declared by IPERS staff no later than the preceding December as determined by the annual valuation of the preceding fiscal year. The public declaration of contribution rates will be followed by rule making that will include a notice and comment period and that will become effective July 1 of the next fiscal year. Contribution rates for regular members are as follows.Effective July 1, 2014Effective July 1, 2015Effective July 1, 2016Effective July 1, 2017Effective July 1, 2018Effective July 1, 2019Combined rate14.88%14.88%14.88%14.88%15.73%15.73% Employer8.93%8.93%8.93%8.93%9.44%9.44% Employee5.95%5.95%5.95%5.95%6.29%6.29% ITEM 2. Amend subrule 4.6(2) as follows: 4.6(2) Contribution rates for sheriffs and deputy sheriffs are as follows.Effective July 1, 2014Effective July 1, 2015Effective July 1, 2016Effective July 1, 2017Effective July 1, 2018Effective July 1, 2019Combined rate19.76%19.76%19.26%18.76%19.52%19.02% Employer9.88%9.88%9.63%9.38%9.76%9.51% Employee9.88%9.88%9.63%9.38%9.76%9.51% ITEM 3. Amend subrule 4.6(3) as follows: 4.6(3) Contribution rates for protection occupations are as follows.Effective July 1, 2014Effective July 1, 2015Effective July 1, 2016Effective July 1, 2017Effective July 1, 2018 Effective July 1, 2019Combined rate16.90%16.40%16.40%16.40%17.02%16.52% Employer10.14%9.84%9.84%9.84%10.21%9.91% Employee6.76%6.56%6.56%6.56%6.81%6.61% ITEM 4. Amend subrule 6.3(2) as follows: 6.3(2) Sick pay. Sick pay means payments made for sick leave which are a continuation of salary paymentsthe amount paid to an employee during a period of sick leave. ITEM 5. Amend subrule 6.3(4) as follows: 6.3(4) Compensatory time. Wages include amounts paid for compensatory time taken in lieu of regular work hours or when paid as a lump sum. However, compensatory time paid in a lump sum shall not exceed 240 hours per employee per year or any lesser number of hours set by the employer. Each employer shall determine whether to use the calendar year or a fiscal year other than the calendar year when setting its compensatory time policy.The wages reported to IPERS must reflect the employer’s policy. ITEM 6. Amend subrule 6.4(2) as follows: 6.4(2) One quarter of service will be credited for each quarter in which a member is paid IPERS-covered wages. a. “Covered wages” means wages of a member during periods of service that do not exceed the annual covered wage maximum as permitted for a given year under Sections 401(a)(17)(A) and (B) of the Internal Revenue Code, which are incorporated herein by this reference. b. Effective January 1, 1988, covered wages shall include wages paid a member regardless of age. (From July 1, 1978, until January 1, 1988, covered wages did not include wages paid a member on or after the first day of the month in which the member reached the age of 70.) c. b. If a member is employed by more than one employer during the calendar year, the total amount of wages paid by all covered employers shall be included in determining the annual covered wage limit established under Sections 401(a)(17)(A) and (B) of the Internal Revenue Code. If the amount of wages paid to a member by several employers during any given month exceeds the covered wage limit as determined for that calendar year, the amount of the excess shall not be subject to contributions required by Iowa Code section 97B.11. IPERS shall not accept excess wages and applicable contributions from employers and shall return excess contributions as provided in 495—subrule 4.3(8). ITEM 7. Rescind subrule 6.5(7). ITEM 8. Rescind subrule 6.5(8). ITEM 9. Adopt the following new rule 495—6.6(97B):495—6.6(97B) Corrections of overpayments and underpayments of contributions and benefits caused by misreporting of covered wages. IPERS shall use the following guidelines in requiring corrections of overpayments and underpayments of contributions caused by misreported wages or IPERS-covered service. Corrections must be made for all current employees omitted in error, active, retired, and inactive members, subject to the following limitations: 6.6(1) If employer and employee contributions were underreported, wage adjustments shall be filed and employers shall be billed for all shortages of employer and employee contributions plus interest. Employers shall be entitled to collect reimbursement for the employee share of contributions as provided in Iowa Code section 97B.9. If retirement benefits have been underpaid as a result of the error, IPERS shall, upon receipt of the contribution shortage, make the appropriate adjustments and pay all back benefits. 6.6(2) If employer and employee contributions were overreported, wage adjustments shall be filed and the appropriate contribution amounts shall be credited to employers for distribution to the respective employee and employer contributors. If the reporting error caused an overpayment of retirement benefits, IPERS may offset excess contributions received against overpayments and shall request a repayment of the remainder of the overpayment, if any, from the recipient.Wage adjustments, overpayments and underpayments, and unintentional reporting errors shall be determined as of the onset of the error. Notwithstanding the foregoing adjustment and collection standards, IPERS reserves the right to negotiate adjustments with individual employers in special situations, and no negotiated settlement with an employer shall be deemed to constitute a waiver of this rule or a binding precedent for other employers. ITEM 10. Amend paragraph 7.1(1)"c" as follows: c. Notwithstanding paragraph 7.1(1)“b” above, a member who is on an unpaid leave of absence and who during the period covered by the unpaid leave performs services for the covered employer granting the unpaid leave shall not receive service credit for such services until the employer has reported $1,000 ineach of two consecutive quarters included in the unpaid leave period, and such service credit shall be granted only with respect to quarters beginning after said two consecutive quarters. ITEM 11. Rescind rule 495—7.2(97B). ITEM 12. Renumber rule 495—7.3(97B) as 495—7.2(97B). ITEM 13. Amend renumbered rule 495—7.2(97B) as follows:495—7.2(97B) Vesting status. 7.2(1) General. a. Effective July 1, 1990, through June 30, 2005, a member achieves vested status when the member has served and made contributions in 16 or more quarters of IPERS covered employment or attains the age of 55. The vested status of a member may also be determined when the member’s contribution payments cease. At that time a comparison of the membership date and termination date will be made. If service sufficient to indicate vested status is present, after any periods of interruption in service have been taken into consideration, the member shall be considered a vested member. All vested members receive all the rights and benefits of a vested member in IPERS until or unless the member files for a refund of accumulated contributions. b. Effective July 1, 2005, a terminated nonvested member who has not attained the age of 55 shall not become vested upon attainment of the age of 55 while an inactive member. However, a member who terminates before attaining the age of 55 who has covered wages in the calendar year when the member terminates and the member attains the age of 55 in that year shall become vested, even if the member has less than 16 quarters of service credit on file at termination. c. Effective July 1, 2012, vesting by age and vesting by service shall be determined as provided in Iowa Code section 97B.1A(25)“a” through “d.” A member who is vested by age or by service as of June 30, 2012, shall remain vested following the implementation of new vesting requirements on July 1, 2012. 7.2(2) Inactive members who become vested due to a statutory reduction in years. Effective July 1, 1988, an inactive member who had accumulated, as of the date of the member’s last termination of employment, years of membership service equal to or exceeding the years of membership service specified in this rule for qualifying as a vested member on the date of termination shall be considered vested. 7.2(3) Vesting upon complete or partial termination. In the case of a complete or partial termination of this fund, any affected member shall have a vested interest in the accrued benefit as of the date of such termination, to the extent such benefit is then funded. 7.2(4) Benefit nonforfeitable upon attaining normal retirement age. For purposes of compliance with the Internal Revenue Code and related guidance, the normal retirement benefit, which is the benefit calculated under Iowa Code sections 97B.49A through 97B.49D, is nonforfeitable upon attainment of normal retirement age, which: (1) prior to July 1, 2012, is age 55 or the completion of 16 quarters of IPERS covered employment, whichever is later; and (2) for members who are not vested under one of the methods under (1) on July 1, 2012, is age 65 or completion of 28 quarters of IPERS covered employment, whichever is later. The retirement benefit is subject to the provisions of Iowa Code section 97B.52A. This subrule is not to be construed as a reduction or limitation of rights heretofore existing, nor as an indication that vested benefits would be forfeitable before the stated age is attained. 7.2(5) Vesting at age 55 prior to July 1, 2012. IPERS shall interpret Iowa Code section 97B.1A(25)“a”(3), as enacted in 2010 Iowa Acts, House File 2518, section 21, as follows: for periods prior to July 1, 2012, the phrase “has attained the age of fifty-five or greater while in covered employment” means “has attained the age of fifty-five or greater while an active member, as defined in Iowa Code section 97B.1A(3)”. 7.2(6) Vesting after June 30, 2012. For periods after June 30, 2012, the member becomes vested if the member meets one of the following requirements: a. For a member in a special service, has attained the age of 55 or greater while in covered employment. b. For a member in regular service, has attained the age of 65 or greater while in covered employment.The phrase “covered employment” means “active member” as defined by Iowa Code section 97B.1A(3). ITEM 14. Rescind subrule 8.1(1) and adopt the following new subrule in lieu thereof: 8.1(1) Estimates and cost quotes. All service purchase estimates and cost quotes shall be calculated at actuarial cost. The following procedures and calculations shall apply: a. Service purchase estimate prior to retirement.Members who are vested by service may request a service purchase estimate by completing and submitting a service purchase application. Once the application is submitted, IPERS shall complete a cost estimate. This calculation is an estimate only and is not considered binding. The cost estimate shall be calculated as follows: (1) IPERS will calculate the actuarial cost by capturing the projected baseline benefit attributes at the member’s anticipated retirement date without any service purchase quarterly credits including: average salary, years of service, the Option 2 benefit amount, accumulated member contributions and the calculated present-day reserve value. The present-day reserve value is a lump sum value calculated with actuarial tables provided by the system’s actuary which represents the lump sum value sufficient to pay the monthly benefits over the member’s expected life span. (2) With each potential purchasable quarterly service credit, IPERS will recalculate the Option 2 benefit amount. A new present-day reserve value will also be calculated. The cost of each quarterly service credit will be the difference between the new reserve amount and the previous one. b. Final service purchase cost quote at retirement.On or before the date that a member’s first benefit payment is issued, a member who is vested by service may request a final service purchase cost quote by completing and submitting an application for retirement/disability benefit indicating the member’s desire to receive a final service purchase cost quote. After the completed application has been submitted, IPERS shall generate a final service purchase cost quote once all of the member’s wages are submitted to IPERS, which may be after the member’s first month of entitlement. The final cost quote shall be calculated as follows: (1) IPERS will calculate the cost by capturing the baseline benefit attributes at the member’s first month of entitlement without any service purchase quarterly credits including: average salary, years of service, the Option 2 benefit amount, accumulated member contributions and the calculated present-day reserve value. The present-day reserve value is a lump sum value calculated with actuarial tables provided by the system’s actuary which represents the lump sum value sufficient to pay the monthly benefits over the member’s expected life span. With each potential purchasable service credit, IPERS will recalculate the Option 2 benefit amount. A new present-day reserve value will also be calculated. The cost of each purchasable quarter of service credit will be the difference between the new reserve amount and the previous one. (2) The retired member will have six months from the date in which IPERS generates the final service purchase cost quote to purchase additional service. (3) If the retired member purchases service within the six-month deadline, the increase in the retirement benefit shall be made effective with the month of the service purchase payment. (4) Retired members who do not indicate their desire for a final service purchase cost quote on or before the date their first payment is issued or do not complete the purchase within the six-month deadline indicated on the final service purchase cost quote shall not be eligible to purchase additional credit. (5) Retired members who selected Option 1 upon retirement may request the lump sum death benefit to be increased to take into account the additional contributions from making a service purchase. If the member requests an increase in the death benefit, the monthly benefit will be reduced to take into account the increased death benefit. c. Cost adjustments due to changes in the original retirement benefit.If an error in the service purchase cost is discovered or a retired member’s account is adjusted in any manner after a purchase is made, IPERS may rescind the service purchase, make adjustments to the service purchase cost, or adjust the retirement allowance to ensure the member paid the actuarial cost of buying additional service. In the event that a retired member overpays due to an adjustment, IPERS will issue a refund to the retired member directly or to the rollover institution. ITEM 15. Amend subrule 8.1(2) as follows: 8.1(2) Service credit for other public employment. a. Effective July 1, 1992, a vested or retiredA member may make application to IPERS for purchasing credit for service rendered to another public employer. In order to be eligible, a member must: (1) Have been a public employee in a position comparable to an IPERS covered position at the time the application for buy-in is processed. Effective July 1, 1990, “public employee” includes a member who had service as a public employee in another state, or for the federal government, or within other retirement systems established in the state of Iowa; and (2) Submit verification of service for that other public employer to IPERS.A quarter of credit may be purchased for each quarter the employee received wages. b. Effective July 1, 1992, through June 30, 1999, a qualifying member who decides to purchase IPERS credit must make employer and employee contributions to IPERS for each calendar quarter of service allowed in this buy-in. This contribution shall be determined using the member’s IPERS covered wages for the most recent full calendar year of IPERS coverage, the applicable rates established in Iowa Code sections 97B.11, 97B.49B and 97B.49C, and multiplied by the number of quarters being purchased from other public employment. “Applicable rates” means the rates in effect at the time of purchase for the types of service being purchased. A member must have at least four quarters of reported wages in any calendar year before a buy-in cost may be calculated. c. Effective July 1, 1992, through June 30, 1999, if a vested or retired member does not have wages in the most recent calendar year, the cost of the buy-in will be calculated using the member’s last calendar year of reported wages, adjusted by an inflation factor based on the Consumer Price Index as published by the United States Department of Labor. d. b. Members eligible to complete the buy-in may buy the entire period of service for a public employer or may buy credit in increments of one or more calendar quarters. The quarters need not be specifically identified to particular calendar quarters. A period of service is defined as follows: (1) if a member was continuously employed by an employer, the entire time is one period of employment, regardless of whether a portion or all of the service was covered by one or more retirement systems; and (2) if a member is continuously employed by multiple employers within a single retirement system, the entire service credited by that retirement system is one period of employment. A member with service credit under another public employee retirement system who wishes to transfer only a portion of the service value of the member’s public service in another public system to IPERS must provide a waiver of that service time to IPERS together with proof that the other public system has accepted this waiver and allowed partial withdrawal of service credit. Members are allowed to purchase time credited by the other public employer as a leave of absence in the same manner as other service credit. However, members wishing to receive free credit for military service performed while in the employ of a qualifying non-IPERS covered public employer must purchase the entire period of service encompassing the service time for that public employer or in the other retirement system, excluding the military time. Veterans’ credit originally purchased in another retirement system may be purchased in the same manner as other service credit. e. The total amount paid will be added to the member’s contributions, and the years of service this amount represents will be added to the member’s IPERS years of service. Effective January 1, 1993, the purchase will not affect the member’s three-year average covered wage. f. Effective July 1, 1999, an eligible member must pay the actuarial cost of a buy-in, as certified by IPERS. In calculating the actuarial cost of a buy-in, IPERS shall apply the same actuarial assumptions and cost methods used in preparing IPERS’ annual actuarial valuation, except that: (1) the retirement assumption shall be changed to 100 percent at the member’s earliest unreduced retirement age; and (2) if gender-distinct mortality assumptions are used in the annual actuarial valuation, the system shall use blended mortality assumptions reasonably representative of the system’s experience. The actuarial cost of a service purchase shall be the difference between (1) the actuarial accrued liability for the member using the foregoing assumptions and current service credits, and (2) the actuarial accrued liability for the member using the foregoing assumptions, current service credits, and all quarters of service credit available for purchase. If IPERS changes the service purchase mortality assumptions, all outstanding service purchase quotes shall be binding for the remainder of the periods for which the cost quotes were issued. A cost quote for a service purchase shall expire six months after the date printed on the cost quote letter. After that time, a new cost quote must be obtained for any quarters not previously purchased. g. Effective January 1, 2016, for new service purchase applications and updated cost requests received, the following procedures and calculations shall apply: (1) Service purchase estimate prior to retirement. Members who are vested by service may request a service purchase estimate by completing and submitting a service purchase application. Once the application is submitted, IPERS shall complete a cost estimate. This calculation is an estimate only and is not considered binding. The cost estimate shall be calculated as follows:- IPERS will calculate the cost by capturing the baseline benefit attributes at the member’s anticipated retirement date without any service purchase quarterly credits including: average salary, years of service, the Option 2 benefit amount, current member investment amount and the calculated present-day reserve value. The present-day reserve value is a lump sum value calculated with actuarial tables provided by the system’s actuary which represents the lump sum value sufficient to pay the monthly benefits over the member’s expected life span.
- With each potential purchasable quarterly service credit, IPERS will recalculate the Option 2 benefit amount. A new present-day reserve value will also be calculated. The cost of each quarterly service credit will be the difference between the new reserve amount and the previous one.
- IPERS will calculate the cost by capturing the baseline benefit attributes at the member’s first month of entitlement without any service purchase quarterly credits including: average salary, years of service, the Option 2 benefit amount, current member investment amount and the calculated present-day reserve value. The present-day reserve value is a lump sum value calculated with actuarial tables provided by the system’s actuary which represents the lump sum value sufficient to pay the monthly benefits over the member’s expected life span. With each potential purchasable service credit, IPERS will recalculate the Option 2 benefit amount. A new present-day reserve value will also be calculated. The cost of each purchasable quarter of service credit will be the difference between the new reserve amount and the previous one.
- The retired member will have six months from the date in which IPERS generates the final service purchase cost quote to purchase additional service.
- If the retired member purchases service within the six-month deadline, the increase in the retirement benefit shall be made effective with the month of the service purchase payment.
- Retired members who do not indicate their desire for a final service purchase cost quote on or before the date their first payment is issued or do not complete the purchase within the six-month deadline indicated on the final service purchase cost quote shall not be eligible to purchase additional credit.
- Retired members who selected Option 1 upon retirement may request the lump sum death benefit to be increased to take into account the additional contributions from making a service purchase. If the member requests an increase in the death benefit, the monthly benefit will be reduced to take into account the increased death benefit.
- For members whose federal social security or railroad retirement disability payments begin before July 1, 2000, within 90 days after July 1, 2000; or
- For members whose social security or railroad retirement disability payments begin on or after July 1, 2000, within 90 days after the date federal social security or railroad retirement payments begin.
Rule making related to training requirements for permanent or special license renewal
The Board of Medicine hereby amends Chapter 11, “Continuing Education and Training Requirements,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code chapter 272C and 2018 Iowa Acts, House File 2377.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 272C and 2018 Iowa Acts, House File 2377.Purpose and Summary This rule making amends the continuing education and training requirements for renewal of an Iowa medical license for chronic pain management and end-of-life care.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 2, 2019, as ARC 4204C. A public hearing was held on January 22, 2019, at 10 a.m. at the Board’s office, Suite C, 400 S.W. Eighth Street, Des Moines, Iowa. No one attended the public hearing. No public comments were received. This rule making has been revised to allow a physician to attest as part of the license renewal process that the licensee is not subject to the training requirement for chronic pain management if the licensee did not prescribe opioids to a patient during the previous licensure cycle.Adoption of Rule Making This rule making was adopted by the Board on February 8, 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 653—Chapter 3.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 April 17, 2019. The following rule-making actions are adopted:
ITEM 1. Adopt the following new definition of “Opioid” in rule 653—11.1(272C): "Opioid" means any FDA-approved product or active pharmaceutical ingredient classified as a controlled substance that produces an agonist effect on opioid receptors and is indicated or used for the treatment of pain. ITEM 2. Amend subrule 11.4(1) as follows: 11.4(1) Continuing education and training requirements. a. Continuing education for permanent license or administrative medicine license renewal.Except as provided in these rules, a total of 40 hours of category 1 credit or board-approved equivalent shall be required for biennial renewal of a permanent license or an administrative medicine license. This may include up to 20 hours of credit carried over from the previous license period and category 1 credit acquired within the current license period. (1) To facilitate license renewal according to birth month, a licensee’s first license may be issued for less than 24 months. The number of hours of category 1 credit required of a licensee whose license has been issued for less than 24 months shall be reduced on a pro-rata basis. (2) A licensee desiring to obtain credit for carryover hours shall report the carryover, not to exceed 20 hours of category 1 credit, on the renewal application. b. Continuing education for special license renewal.A total of 20 hours of category 1 credit shall be required for annual renewal of a special license. No carryover hours are allowed. c. Training for identifying and reporting child and dependent adult abuse for permanent or special license renewal.The licensee in Iowa shall complete the training for identifying and reporting child and dependent adult abuse as part of a category 1 credit or an approved training program. The licensee may utilize category 1 credit received for this training during the license period in which the training occurred to meet continuing education requirements in paragraph 11.4(1)“a.” (1) Training to identify child abuse. A licensee who regularly provides primary health care to children in Iowa must complete at least two hours of training in child abuse identification and reporting every five years. “A licensee who regularly provides primary health care to children” means all emergency physicians, family physicians, general practice physicians, pediatricians, and psychiatrists, and any other physician who regularly provides primary health care to children. (2) Training to identify dependent adult abuse. A licensee who regularly provides primary health care to adults in Iowa must complete at least two hours of training in dependent adult abuse identification and reporting every five years. “A licensee who regularly provides primary health care to adults” means all emergency physicians, family physicians, general practice physicians, internists, obstetricians, gynecologists, and psychiatrists, and any other physician who regularly provides primary health care to adults. (3) Combined training to identify child and dependent adult abuse. A licensee who regularly provides primary health care to adults and children in Iowa must complete at least two hours of training in the identification and reporting of abuse in dependent adults and children every five years. The training may be completed through separate courses as identified in subparagraphs 11.4(1)“c”(1) and (2) or in one combined two-hour course that includes curricula for identifying and reporting child abuse and dependent adult abuse. “A licensee who regularly provides primary health care to children and adults” means all emergency physicians, family physicians, general practice physicians, internists, and psychiatrists, and any other physician who regularly provides primary health care to children and adults. d. Training for chronic pain management for permanent or special license renewal.Rescinded by 2018 Iowa Acts, House File 2377, section 23, effective 7/1/18.The licensee shall complete the training for chronic pain management as part of a category 1 credit. The licensee may utilize category 1 credit received for this training during the license period in which the training occurred to meet continuing education requirements in paragraph 11.4(1)“a.” (1) A licensee who has prescribed opioids to a patient during the previous license period must complete at least two hours of category 1 credit regarding the United States Centers for Disease Control and Prevention (CDC) guideline for prescribing opioids for chronic pain, including recommendations on limitations on dosages and the length of prescriptions, risk factors for abuse, and nonopioid and nonpharmacologic therapy options, every five years. A licensee may attest as part of the license renewal process that the licensee is not subject to the requirement to receive continuing medical education credits pursuant to this paragraph, due to the fact that the licensee did not prescribe opioids to a patient during the previous licensure cycle. (2) A licensee who had a permanent or special license on January 1, 2019, has until January 1, 2024, to complete the chronic pain management training and shall then complete the training once every five years thereafter. e. Training for end-of-life care for permanent or special license renewal.The licensee shall complete the training for end-of-life care as part of a category 1 credit. The licensee may utilize category 1 credit received for this training during the license period in which the training occurred to meet continuing education requirements in paragraph 11.4(1)“a.” (1) A licensee who regularly provides primary healthdirect patient care toactively dying patients in Iowa must complete at least two hours of category 1 credit for end-of-life care every five years. “A licensee who regularly provides primary health care to patients” means all emergency physicians, family physicians, general practice physicians, internists, neurologists, pain medicine specialists, psychiatrists, and any other physician who regularly provides primary health care to patients. (2) A licensee who had a permanentor special license on August 17, 2011January 1, 2019, has until August 17, 2016January 1, 2024, to complete the end-of-life care training, and shall then complete the training once every five years thereafter. [Filed 2/14/19, effective 4/17/19][Published 3/13/19]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/13/19.ARC 4339CMedicine Board[653]Adopted and FiledRule making related to genetic counselors
The Board of Medicine hereby adopts new Chapter 20, “Licensure of Genetic Counselors,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 148H.6 and chapters 147, 148 and 272C.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 147, 148, 148H and 272C.Purpose and Summary This rule making adopts new Chapter 20, which establishes licensure of genetic counselors.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 4095C. A public hearing was held on November 20, 2018, at 11 a.m. at the Board’s office, Suite C, 400 S.W. Eighth Street, Des Moines, Iowa. No one attended the public hearing. The Iowa Genetic Counselors Network expressed concerns about the licensure application process, and the Board worked with representatives of the Network to revise the rules to the Network’s satisfaction. The Board revised the rules pertaining to the application process to better reflect the profession of genetic counselors. The Board also added greater detail to the grounds for discipline in rule 653—20.20(147,148H,272C). References to 2018 Iowa Acts, Senate File 2228, have been replaced with references to the appropriate codified sections of Iowa Code chapter 148H.Adoption of Rule Making This rule making was adopted by the Board on February 8, 2019.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact This rule making will likely increase the pool of genetic counselors and increase access to genetic counseling services in Iowa. It will likely have a positive jobs impact, which is difficult to measure at this time.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, pursuant to 653—Chapter 3.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 April 17, 2019. The following rule-making action is adopted:
ITEM 1. Adopt the following new 653—Chapter 20: CHAPTER 20LICENSURE OF GENETIC COUNSELORS653—20.1(148H) Purpose. The licensure of genetic counselors is established to ensure that practitioners are qualified to provide to Iowans genetic counseling with reasonable skill and safety. The provisions of Iowa Code chapters 147, 148H, and 272C authorize the board of medicine to establish eligibility requirements for licensure, evaluate the credentials of applicants for licensure, issue licenses to qualified applicants, institute continuing education requirements, investigate complaints and reports alleging that licensed genetic counselors have violated statutes and rules governing the practice of genetic counseling, make available participation in the Iowa physician health program, and discipline licensed genetic counselors found guilty of infractions as provided in state law and board rules.653—20.2(148H) Scope of chapter. This chapter shall not be construed to apply to any of the following:- A physician or surgeon or an osteopathic physician or surgeon licensed under Iowa Code chapter 148, a registered nurse or an advanced registered nurse practitioner licensed under Iowa Code chapter 152, a physician assistant licensed under Iowa Code chapter 148C, or other persons licensed under Iowa Code chapter 147 when acting within the scope of the person’s profession and doing work of a nature consistent with the person’s education and training.
- A person who is certified by the American Board of Medical Genetics and Genomics as a doctor of philosophy and is not a genetic counselor licensed pursuant to Iowa Code chapter 148H.
- A person employed as a genetic counselor by the federal government or an agency thereof if the person provides genetic counseling services solely under the direction and control of the entity by which the person is employed.
- A genetic counseling intern.
- Obtain and evaluate individual, family, and medical histories to determine genetic risk for genetic and medical conditions and diseases in a patient, the patient’s offspring, and other family members.
- Discuss the features, history, means of diagnosis, genetic and environmental factors, and management of risk for genetic and medical conditions and diseases.
- Identify, order, and coordinate genetic laboratory tests and other diagnostic studies as appropriate for the genetic assessment of a patient.
- Refer a patient to a specialty or subspecialty department as necessary for the purpose of collaborating on diagnosis and treatment involving multiple body systems and general medical management.
- Integrate genetic laboratory test results and other diagnostic studies with personal and family medical history to assess and communicate risk factors for genetic and medical conditions and diseases.
- Explain the clinical implications of genetic laboratory tests and other diagnostic studies and their results.
- Evaluate the responses of a patient or patient’s family to the condition or risk of recurrence and provide patient-centered genetic counseling and anticipatory guidance.
- Identify and utilize community resources that provide medical, educational, financial, and psychosocial support and advocacy.
- Provide written documentation of medical, genetic, and counseling information for families and health care professionals.
Rule making related to nominations by write-in votes
The Secretary of State hereby amends Chapter 21, “Election Forms and Instructions,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 17A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 43.66.Purpose and Summary This rule making rescinds rule 721—21.602(43) relating to nominations by write-in votes for certain offices in a primary election. This rule making is made at the direction and with the guidance of the Attorney General’s office.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 16, 2019, as ARC 4222C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Secretary of State on February 20, 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 Secretary of State for a waiver of the discretionary provisions, if any, pursuant to 721—Chapter 10.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 April 17, 2019. The following rule-making action is adopted:
ITEM 1. Rescind and reserve rule 721—21.602(43). [Filed 2/22/19, effective 4/17/19][Published 3/13/19]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/13/19.ARC 4340CSoil Conservation and Water Quality Division[27]Adopted and FiledRule making related to funding rates for eligible soil and water protection practices
The Soil Conservation and Water Quality Division hereby amends Chapter 10, “Iowa Financial Incentive Program for Soil Erosion Control,” and Chapter 12, “Water Protection Practices—Water Protection Fund,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 161A.4(1).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 161A.2.Purpose and Summary These amendments increase the eligible total cost from $450 to $600 for tree planting and related activities, from $1,500 to $1,600 for windbreaks, and from $450 to $600 for field windbreaks. Other technical updates are made.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 16, 2019, as ARC 4235C. One comment was received during the public comment period. The commenter asked why Item 1 rescinds the definition of “edge-of-field practice” in rule 27—10.20(161A). No changes to the proposed rule making were suggested. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Division on February 21, 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 Division for a waiver of the discretionary provisions, if any, pursuant to 27—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 April 17, 2019. The following rule-making actions are adopted:
ITEM 1. Rescind the definition of “Edge-of-field practice” in rule 27—10.20(161A). ITEM 2. Amend subparagraph 10.60(1)"b", introductory paragraph, as follows: (1) Fifty percent of the actual cost, not to exceed $450$600 per acre, including the following: ITEM 3. Amend subparagraph 10.60(1)"b" as follows: (2) Fifty percent ofthe actual cost, not to exceed $150 per acre, for woodwoody plantcompetition control. ITEM 4. Amend subrules 12.84(1) and 12.84(2) as follows: 12 12.84 84(1) Windbreaks. 75 percent of the eligible or estimated cost, whichever is less, not to exceed $1500$1,600 for the total cost of the establishment or restoration of the windbreak. 12 12.84 84(2) Field windbreaks. 75 percent of the eligible or estimated cost, whichever is less, not to exceed $450$600 per acrefor the total cost of the establishment or restoration of the field windbreak. ITEM 5. Amend paragraph 12.84(7)"c", introductory paragraph, as follows: c. 75 percent of the eligible or estimated cost, whichever is less, not to exceed $450$600 per acre, for plantation replanting including the following: [Filed 2/21/19, effective 4/17/19][Published 3/13/19]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/13/19.ARC 4341CTransportation Department[761]Adopted and FiledRule making related to purchasing practices and processes
The Department of Transportation hereby amends Chapter 20, “Procurement of Equipment, Materials, Supplies and Services,” and Chapter 25, “Competition with Private Enterprise,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted 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 8A.302(1); section 8A.311(20) as amended by 2018 Iowa Acts, Senate File 2416, section 25; and sections 23A.2, 73.15 to 73.21, 307.12 and 307.21.Purpose and Summary This rule making amends Chapter 20 to update the rules to reflect current purchasing practices, add definitions, and clarify the procurement and professional and technical services consultant selection process. Professional and technical services contracts may be procured in two manners:
- “Formal advertising” means procurement by competition and awards involving the following basic steps:
- “Limited solicitation” means procurement by obtaining a sufficient number of quotations, bids or proposals from qualified sources:
- “Negotiation” means any method of procurement other than formal advertising or limited solicitation to seek the best and final offer which is most advantageous to the department.
- Original, signed bidsubmitted response.
- Electronic bidElectronically submitted response (facsimile, E-mailemail, Internet).
- Oral bidresponse (e.g., telephonic).
Rule making related to early release of retained funds
The Department of Transportation hereby amends Chapter 180, “Public Improvement Quotation Process for Governmental Entities for Vertical Infrastructure,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 314.1A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 26 and 573 and section 314.1A and 2018 Iowa Acts, House File 2233.Purpose and Summary This rule making reflects the changes needed in Chapter 180 due to 2018 legislation concerning the early release of retained funds. The amendments implement the changes made by 2018 Iowa Acts, House File 2233, which repealed Iowa Code section 26.13 and added new Iowa Code section 573.28.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 16, 2019, as ARC 4228C. 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 February 20, 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 April 17, 2019. The following rule-making actions are adopted:
ITEM 1. Amend rule 761—180.10(314) as follows:761—180.10(314) Retained funds. In addition to requiring the contractor to submit a performance and payment bond, the governmental entity is required toshall also retain funds from each payment to the contractor for the benefit of subcontractors and suppliers,and apply or release such funds, as provided inrequired by Iowa Code chapter 573, and is required to release retained funds upon substantial completion of the work, as provided in Iowa Code section 26.13. ITEM 2. Amend 761—Chapter 180, implementation sentence, as follows: These rules are intended to implement Iowa Code sections 26.2, 26.13, 26.14, 314.1A, 314.1B, and 573.2, and 573.28. [Filed 2/20/19, effective 4/17/19][Published 3/13/19]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/13/19.ARC 4343CTransportation Department[761]Adopted and FiledRule making related to final-stage manufacturers, motor vehicle dealer books and records, and security interest cancellation notations on certificate of title
The Department of Transportation hereby amends Chapter 400, “Vehicle Registration and Certificate of Title,” and Chapter 425, “Motor Vehicle and Travel Trailer Dealers, Manufacturers, Distributors and Wholesalers,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 322.13.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 321.1, 321.50, 321.63, 322.2 and 322.3; 2018 Iowa Acts, Senate File 2325, section 1; 2018 Iowa Acts, Senate File 2293, sections 1 and 3; and 2018 Iowa Acts, Senate File 2262, sections 1 to 5.Purpose and Summary This rule making amends Chapters 400 and 425 to align the rules with Iowa Code sections 321.1, 321.50, 321.63, 322.2 and 322.3 as amended by 2018 Iowa Acts, Senate File 2325, section 1; 2018 Iowa Acts, Senate File 2293, sections 1 and 3; and 2018 Iowa Acts, Senate File 2262, sections 1 to 5. The specific Iowa Acts referenced amended Iowa Code sections related to notation of cancellation of a security interest on a motor vehicle title, the location of motor vehicle dealer books and records, and the ability of a final-stage motor vehicle manufacturer to sell a completed multi-stage manufactured vehicle to a retail buyer. The following paragraphs describe the amendments in more detail. Final-stage manufacturers: The amendments conform the rules to 2018 Iowa Acts, Senate File 2262, sections 1 to 5, which changes the definition of “manufacturer” to include a final-stage motor vehicle manufacturer, and defines “final-stage manufacturer” to mean a person who performs such manufacturing operations on an incomplete motor vehicle that it becomes a completed motor vehicle. Prior to the legislation, a final-stage manufacturer was prohibited from holding a motor vehicle dealer’s license and thus could not sell a multi-stage manufactured vehicle directly to a retail buyer. The legislation allows a final-stage manufacturer holding either a new or used motor vehicle dealer license to assign an incomplete motor vehicle manufacturer’s certificate of origin to a retail buyer for purposes of issuance of a certificate of title by a county treasurer as a new motor vehicle, which may have the same make as the incomplete motor vehicle. The rules implement the legislation by addressing the eligibility and application requirements for a final-stage manufacturer motor vehicle dealer license. Specifically, the applicant for a final-stage manufacturer’s motor vehicle dealer license must meet the definition of a final-stage manufacturer in the Iowa Code, must meet the final-stage manufacturer certification responsibilities under federal regulation in 49 CFR Section 567.5, and must already be licensed as a manufacturer under Iowa Code chapter 322 and 761—Chapter 425. The applicant must also follow the same standards and meet the same criteria for a motor vehicle dealer license as already established in rule 761—425.10(322). Motor vehicle dealer books and records: The amendments add a new rule to incorporate the requirements of Iowa Code sections 321.1 and 321.63 as enacted by 2018 Iowa Acts, Senate File 2293, sections 1 and 3, for motor vehicle dealer books and records when the motor vehicle dealer has more than one licensed location. The rule specifies that a motor vehicle dealer may keep the dealer’s collective business records together at any of the dealer’s licensed locations, but the records must be stored in a manner so the records are distinguishable to each licensee and may be accurately identified in any audit proceeding. Also, the dealer must notify the Department when the dealer intends to move business records to another licensed location, which complies with the statutory requirement to notify the Department of the records location. Security interest cancellation title notations: The amendments also incorporate the requirements of Iowa Code section 321.50 as enacted by 2018 Iowa Acts, Senate File 2325, section 1, allowing for the cancellation of a security interest to be submitted either on the title itself or on a separate notarized statement from the lienholder. This provision is a favorable alternative to the previous process, which only allowed the security interest cancellation to be noted on the title and did not accommodate the common practice of banks or lienholders sending along with the unsigned title a notarized letter canceling the security interest.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 16, 2019, as ARC 4230C. 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 February 20, 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 April 17, 2019. The following rule-making actions are adopted:
ITEM 1. Adopt the following new definition of “Final-stage manufacturer” in rule 761—400.1(321): "Final-stage manufacturer" means as defined in Iowa Code section 322.2. ITEM 2. Amend rule 761—400.1(321), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 321.1, 321.8, 321.20, 321.23, 321.24, 321.40, 321.45, 321.50, 321.117, 321.123, 321.134,and 321.157and 322.2. ITEM 3. Amend subrule 400.4(1) as follows: 400.4(1) New vehicle. If application is made for a new vehicle, a manufacturer’s certificate of origin, properly assigned to the applicant, shall be submitted. A manufacturer’s certificate of origin shall not be accepted if the assignment to the applicant is made by any person other than the manufacturer, importer,or distributor,or a licensed motor vehicle dealer franchised to sell that line makeline-make of vehicle, or a final-stage manufacturer motor vehicle dealer licensed under rule 761—425.11(322). a. The first person, including a dealer not franchised to sell that line makeline-make of vehicle, who is assigned the manufacturer’s certificate of origin shall obtain a certificate of title and register the vehicle. b. An uncanceled security interest noted on the reverse side of a manufacturer’s certificate of origin (MCO) shall be noted as a separate security interest on the certificate of title, in addition to any security interest acknowledged by the applicant, unless the applicant indicates in the security interest area on the title application that the security interest is the same as the one noted on the reverse side of the MCO. c. If a 1980 or subsequent model year vehicle is manufactured by a person other than the original manufacturer, both the original manufacturer’s certificate of origin and the finalfinal-stage manufacturer’s certificate of origin shall be submittedif the vehicle’s original line-make is changed by the final-stage manufacturer. All assignments or reassignments of ownership of the vehicle shall be made on the finalfinal-stage manufacturer’s certificate of origin. The face of the original manufacturer’s certificate of origin shall be stamped in bold type with the statement: “FinalFinal-stage manufacturer’s MCO has been issued on this vehicle.” The original manufacturer’s vehicle identification number shall be listed on the finalfinal-stage manufacturer’s certificate of origin. d. If a final-stage manufacturer is a motor vehicle dealer licensed under rule 761—425.11(322), the final-stage manufacturer may reassign the original manufacturer’s certificate of origin to the retail buyer. ITEM 4. Amend rule 761—400.4(321), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 321.20, 321.23, 321.24, 321.30, 321.31, 321.45 to 321.50, and 321.67and 322.3. ITEM 5. Amend subrule 400.8(2) as follows: 400.8(2) The secured party may also note the cancellation in a statement written on the secured party’s letterhead if the statementis notarized and contains the following information: county that issued the title; title number; security interest number; vehicle identification number; vehicle owner’s name; secured party’s name, street address, city, state and ZIP code; date the security interest was canceled; and signature of an authorized representative of the secured party. ITEM 6. Adopt the following new paragraph 425.10(3)"c": c. Nothing in this subrule shall be construed to require a franchise agreement from a final-stage manufacturer applying for a motor vehicle dealer license under rule 761—425.11(322). ITEM 7. Adopt the following new rule 761—425.11(322):761—425.11(322) Motor vehicle dealer licensing for final-stage manufacturers. 425.11(1) Eligibility. A final-stage manufacturer may be licensed as a motor vehicle dealer if the final-stage manufacturer: a. Meets the definition of “final-stage manufacturer” in Iowa Code section 322.2. b. Meets the requirements of a final-stage manufacturer in 49 CFR Section 567.5. c. Is licensed as a manufacturer under Iowa Code chapter 322 and this chapter. 425.11(2) Application. A final-stage manufacturer shall apply for a motor vehicle dealer license in the manner described in rule 761—425.10(322) and shall certify that the final-stage manufacturer meets the eligibility requirements under subrule 425.11(1). This rule is intended to implement Iowa Code sections 322.2 and 322.3. ITEM 8. Amend rule 761—425.12(322), catchwords, as follows:761—425.12(322) Motor vehicle dealer’sprincipal place of business. ITEM 9. Adopt the following new rule 761—425.13(321,322):761—425.13(321,322) Business records of a motor vehicle dealer with multiple licenses. 425.13(1) Applicability. A motor vehicle dealer licensed under Iowa Code chapter 322 and this chapter who holds more than one motor vehicle dealer license may maintain the dealer’s collective business records together at any of the dealer’s licensed locations. 425.13(2) Separation of records. Business records of licensed motor vehicle dealers kept at a single licensed location under this rule shall be stored separately and distinctly, in a manner distinguishable to each licensee, and shall not be commingled. 425.13(3) Notification to the department. A motor vehicle dealer shall notify the office of vehicle and motor carrier services in writing no fewer than ten days before moving the dealer’s business records to another licensed location. This rule is intended to implement Iowa Code sections 321.63 and 322.2 to 322.15. [Filed 2/20/19, effective 4/17/19][Published 3/13/19]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/13/19.ARC 4344CTransportation Department[761]Adopted and FiledRule making related to application for firefighter plates
The Department of Transportation hereby amends Chapter 401, “Special Registration Plates,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted 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 321.34.Purpose and Summary The amendment to Chapter 401 revises the process by which a member of a fire department applies for firefighter license plates in order to allow the applicant to submit an application with the required signatures, without requiring those signatures to be original and notarized. Iowa Code section 321.34(10) allows a current or retired member of a paid or volunteer fire department to order special registration license plates which signify that the applicant is a current or retired member of a fire department. The Department established the application process for special registration plates in administrative rules, and currently, subrule 401.9(1) provides that an application for firefighter license plates must contain the original, notarized signatures of the fire chief and another fire officer certifying that the applicant is a current or retired member of the fire department. The Department recognizes, after consultation with the Iowa Firefighters Association, that the requirement to have the signatures of the fire chief and another fire officer be original and notarized for each application can be an administrative burden, especially for very large fire departments with a large number of applicants, as well as for smaller fire departments that may not always have a notary public available. Removing the requirement that the signatures on the application be original and notarized does not in any way diminish the authenticity of the application, as the application is still being signed and certified by not only the chief of the fire department but also another fire officer. Rather, the amendment reduces the administrative burden of having a notary public available any time an application is being signed and allows applications to be submitted electronically, which will further streamline the application process.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 16, 2019, as ARC 4232C. 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 February 20, 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 April 17, 2019. The following rule-making action is adopted:
ITEM 1. Amend subrule 401.9(1) as follows: 401.9(1) Initial application for firefighter plates. Application for firefighter plates shall be submitted to the department on a formin a manner prescribed by the department. Both the fire chief and another fire officer of the paid or volunteer fire department shall sign the application form, certifying that the applicant is a current or retired member of the fire department. The signatures must be original and notarized. If the fire chief and fire officer deny an application, the department may conduct an investigation and make a determination to approve or deny the application. [Filed 2/20/19, effective 4/17/19][Published 3/13/19]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/13/19.ARC 4345CTransportation Department[761]Adopted and FiledRule making related to permitted tandem axle weights
The Department of Transportation hereby amends Chapter 511, “Special Permits for Operation and Movement of Vehicles and Loads of Excess Size and Weight,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 321E.9A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 321E.7.Purpose and Summary This rule making adds a new subrule to rule 761—511.13(321,321E) in order to align with Iowa Code section 321E.7, which was amended by 2016 Iowa Acts, chapter 1098, section 35. The rule making implements the statutory requirement that a vehicle operating under a permit issued pursuant to Iowa Code section 321E.8, 321E.9 or 321E.9A may have a gross weight not to exceed 46,000 pounds on a single-tandem axle of the truck tractor and a gross weight not to exceed 46,000 pounds on a single-tandem axle of the trailer or semitrailer if each axle of each tandem group has at least four tires. The legislative change brought Iowa in closer alignment with surrounding states’ permit-issuing processes. The subrule provides that no single axle of a tandem group may exceed 24,000 pounds. This limitation is necessary to prevent a tandem axle from having a lopsided weight configuration (30,000 pounds + 16,000 pounds, for example) as a lopsided weight configuration would unduly damage road and bridge infrastructure. The limit of 24,000 pounds aligns with the maximum weight the Department allows for axles currently (except for construction equipment with special tires) and is consistent with the weight limits of other Midwest states. The subrule also provides that a permitted tandem axle cannot be part of a larger group of axles whose centers are greater than 96 inches apart, which is the maximum length between the centers of consecutive axles in a tandem axle as defined in Iowa Code section 321.1(80). This provision is necessary as the above-referenced legislative change was implemented to allow stand-alone tandem axles, which are typically the back two axles of a truck or trailer, to be permitted at the higher weight. The amendment is not intended to allow a person to select two axles from within a larger group of axles and designate them as the tandem axles. For example, selecting two axles out of a group of three and calling them “tandem” could exceed the weight limits for the larger axle group. This example is further illustrated by considering the fact that a triple-axle maximum weight is 60,000 pounds, while a single-axle maximum weight is 20,000 pounds. Therefore, if a person were able to designate two axles out of the triple axle as a tandem axle, then the person could end up with the designated tandem axle at 46,000 pounds and the single axle at 20,000 pounds. This designation would result in a total weight equal to 66,000 pounds, which exceeds the maximum weight for a triple axle. The amendment, therefore, prevents improper interpretation of the 2016 legislative change that would result in excessive axle weights and unduly damage road and bridge infrastructure and aligns with the Department’s current permitting process. The amendment will provide clarity for both motor vehicle enforcement officers as well as motor carriers. Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 16, 2019, as ARC 4231C. 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 February 20, 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 April 17, 2019. The following rule-making action is adopted:
ITEM 1. Adopt the following new subrule 511.13(6): 511.13(6) Permitted tandem axle weights. a. Vehicles operating under an annual oversize permit, annual oversize/overweight permit, single-trip permit, or multitrip permit may have a gross weight not to exceed 46,000 pounds on a single-tandem axle of the truck tractor and a gross weight not to exceed 46,000 pounds on a single-tandem axle of the trailer or semitrailer if each axle of each tandem group has at least four tires. b. The maximum weight of any single axle within a permitted tandem axle group shall be 24,000 pounds. c. A permitted tandem axle shall not be a part of a larger group of axles whose centers are greater than 96 inches apart. [Filed 2/20/19, effective 4/17/19][Published 3/13/19]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/13/19.ARC 4346CTransportation Department[761]Adopted and FiledRule making related to taxicab motor carrier certification
The Department of Transportation hereby amends Chapter 524, “For-Hire Intrastate Motor Carrier Authority,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 325A.10.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 325A as amended by 2018 Iowa Acts, Senate File 2271.Purpose and Summary This rule making amends Chapter 524 to align the rules with Iowa Code chapter 325A as amended by 2018 Iowa Acts, Senate File 2271. The legislation requires taxicab companies to apply to the Department for a taxicab motor carrier passenger certificate and to meet certification requirements. The amendments add a reference to Iowa Code chapter 325A, which governs motor carrier authority. Iowa Code chapter 325A was significantly amended during the 2018 Legislative Session to incorporate new requirements related to regulation of taxicab service companies in Iowa. Prior to enactment of the legislation, a taxicab company could only be regulated by the local authority the company operated within. However, when regulation of transportation network companies was established by 2016 Iowa Acts, chapter 1101 (House File 2414), many local authorities opted out of regulating taxicab companies. This decision left a void in oversight as the Department did not have the authority to regulate taxicab companies until 2018 Iowa Acts, Senate File 2271, became effective July 1, 2018. Now, taxicab companies are required to apply to the Department for a motor carrier passenger certificate and to meet all applicable certification requirements. Specifically, the amendments provide for an electronic application process for persons applying for a motor carrier permit or certificate and require the application to contain the U.S. DOT number only if a U.S. DOT number is required by the Federal Motor Carrier Safety Administration (FMCSA). FMCSA requires a U.S. DOT number for motor carriers but does not provide one for passenger vehicles designed to transport eight passengers or fewer, including the driver. This provision means that certain taxicab companies do not qualify for a U.S. DOT number under federal law, so the Department is conforming application requirements accordingly. The amendments allow a motor carrier certificate to be issued either in a physical or electronic format prescribed by the Department and mirror efficiencies the Department is seeking in other motor vehicle division processes by allowing more transactions and issuances to be completed electronically. The amendments also require the motor carrier certificate number to be included with the request for a duplicate permit or certificate to allow for more accurate record keeping and processing efficiency. Finally, the amendments require a motor carrier operating intrastate only to display the U.S. DOT number if the motor carrier was issued a U.S. DOT number by FMCSA. As noted above, FMCSA requires a U.S. DOT number for a motor carrier but does not provide one for passenger vehicles designed to transport eight passengers or fewer, including the driver. This provision means that certain taxicab companies do not qualify for a U.S. DOT number under federal law, so the Department is conforming the motor carrier marking requirements accordingly.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 16, 2019, as ARC 4233C. 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 February 20, 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 April 17, 2019. The following rule-making actions are adopted:
ITEM 1. Amend rule 761—524.1(325A) as follows:761—524.1(325A) Purpose and applicability. 524.1(1) This chapter establishes requirements concerning for-hire intrastate motor carriersas authorized by Iowa Code chapter 325A. 524.1(2) This chapter applies to motor carriers of household goods, bulk liquid commodities, all other property, and passengersbeing transported for hire on any highway of this state other than a transportation network company or transportation network company driver as both are defined in Iowa Code section 321N.1 and provided for in 761—Chapter 540. ITEM 2. Amend rule 761—524.2(325A) as follows:761—524.2(325A) General information. 524.2(1) Information and location. Applications, forms and information on motor carrier permits and motor carrier certificates are available by mail from the Office ofVehicle and Motor Carrier Services, Iowa Department of Transportation, P.O. Box 10382, Des Moines, Iowa 50306-0382; in person at 6310 SE Convenience Blvd., Ankeny, Iowa; by telephone at (515)237-3224(515)237-3268; or by facsimile at (515)237-3354(515)237-3225; or by email at omcs@iowadot.us. 524.2(2) Waiver of rules. In accordance with 761—Chapter 11, the director of transportation may, in response to a petition, waive provisions of this chapter. A waiver shall not be granted unless the director finds that special or emergency circumstances exist.“Special or emergency circumstances” means one or more of the following:- Circumstances where the movement is necessary to cooperate with cities, counties, other state agencies or other states in response to a national or other disaster.
- Circumstances where the movement is necessary to cooperate with national defense officials.
- Circumstances where the movement is necessary to cooperate with public or private utilities in order to maintain their public services.
- Circumstances where the movement is essential to ensure safety and protection of any person or property due to events such as, but not limited to, pollution of natural resources, a potential fire or an explosion.
- Circumstances where weather or transportation problems create an undue hardship for citizens of the state of Iowa.
- Circumstances where movement involves emergency-type vehicles.
- Uncommon or extraordinary circumstances where the movement is essential to the existence of an Iowa business and the move may be accomplished without causing undue hazards to the safety of the traveling public or undue damage to private or public property.
Rule making related to a temporary restricted license
The Department of Transportation hereby amends Chapter 620, “OWI and Implied Consent,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted 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 chapter 321J as amended by 2018 Iowa Acts, House File 2338, sections 2 to 9.Purpose and Summary This rule making updates Chapter 620 to align with existing legal authority and Department practice. The amendment conforms rule 761—620.3(321J) with 2018 Iowa Acts, House File 2338, which significantly altered the requirements for obtaining a temporary restricted license (TRL) and installation of an ignition interlock device (IID) for operating while intoxicated (OWI) revocations. Specifically, the legislation extended the requirement to install an IID as a condition of a TRL to a subset of OWI offenders who had not previously been required to install an IID as a condition of a TRL, for example, applicants whose test results demonstrated a blood-alcohol content of .08 to .10. The legislation also removed the periods of ineligibility for most OWI offenses so that an applicant no longer must wait a specified period of time after committing an OWI offense before the applicant may apply for a TRL. Finally, the legislation removed the driving location restrictions for an applicant obtaining a TRL authorized under Iowa Code chapter 321J. The amendment also reflects a new TRL application form number and conforms the rule to requirements in Iowa Code chapter 321J requiring an IID to be installed in all vehicles owned or operated by the applicant as a condition of the TRL.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 16, 2019, as ARC 4229C. The Department received written comments from a law firm. The comments concerned the 2018 legislative requirement that a person applying for a temporary restricted license under Iowa Code chapter 321J must install an IID in all vehicles owned or operated. The law firm stated that its clients who did not commit an OWI but who happen to co-own a vehicle with an OWI offender are experiencing the consequences of an OWI offender’s actions by having to drive a vehicle with an IID installed due to the requirement that an IID be installed in all vehicles owned or operated by the offender. The rule amendments comply with Iowa Code chapter 321J and 2018 legislation, and any changes to the administrative rules to address “vehicles owned or operated” must be preceded by a change in statutory requirements. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on February 20, 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 April 17, 2019. The following rule-making action is adopted:
ITEM 1. Amend rule 761—620.3(321J) as follows:761—620.3(321J) Issuance of temporary restricted license. 620.3(1) Eligibility and application. a. The department may issue a temporary restricted license to a person who is eligible underand for the purposes listed in Iowa Code section 321J.4 (except subsection 8), 321J.9, 321J.12 or 321J.20chapter 321J. The department shall not issue a temporary restricted license to a person who has a current suspension or revocation for any other reason, or who is otherwise ineligible. b. To apply for a temporary restricted license, an applicant shall, at any time before or during the revocation period, submit application Form 430100430400 to driver and identification services at the address in 761—620.2(321J). The application form should be furnished by the arresting officer. It may also be obtained upon oral or written request to driver and identification services or by submitting Form 432018 to driver and identification services with the appropriate box checked. c. A temporary restricted license issued for employment may include permission for the licensee to transport dependent children to and from a location for child care when that activity is essential to continuation of the licensee’s employment. d. c. A temporary restricted license issued for any purpose may include permission for the licensee to participate in the sobriety and drug monitoring program established pursuant to Iowa Code chapter 901D. For purposes of this chapter, a sobriety and drug monitoring program means the sobriety and drug monitoring program established pursuant to Iowa Code chapter 901D. If the licensee is required to participate in and comply with the sobriety and drug monitoring program as a condition of the license, the licensee shall notify the department of the jurisdiction to which the licensee is reporting in compliance with the program. 620.3(2) Statements. A person applying for a temporary restricted license shall submit all of the following statements that apply to the person’s situation. Each statement shall explain the need for the license and shall list specific places and times for the activity which can be verified by the department. a. A statement from the person’s employer unless the person is self-employed including, when applicable, verification that the person’s use of a child care facility is essential to the person’s continued employment. b. A statement from the person. c. A statement from the health care provider if the person or the person’s dependent requires continuing health care. d. A statement from the educational institution in which the person is enrolled. e. A statement from the substance abuse treatment program in which the person is participating. f. A copy of the court order for community service and a statement describing the assigned community service from the responsible supervisor. g. A statement from the child care provider. 620.(3) 620.3(2) Additional requirements. A person applying for a temporary restricted license shall also comply with all of the following requirements: a. Provide a description of all motor vehicles to beowned oroperated under the temporary restricted license. b. Submit proof of financial responsibility under Iowa Code chapter 321A for all motor vehicles to beowned or operated under the temporary restricted license. c. Provide certification of installation of an approved ignition interlock device on every motor vehicleowned or operated. d. Pay the $200 civil penalty. 620.(4) 620.3(3) Issuance and restrictions. a. The department shall not issue the temporary restricted license until the application is approved, all requirements are met, the applicable reinstatement and license fees have been paid, and the applicant has passed the appropriate examination for the type of vehicle to be operated under the temporary restricted license. b. The department shall determine the restrictions to be imposed by the temporary restricted license. The licensee shall apply to the department in writing with a justification for any requested change in license restrictions. 620.(5) 620.3(4) Denial. A person who has been denied a temporary restricted license or who contests the restrictions imposed by the department may request an informal settlement conference by submitting a written request to the director of driver and identification services at the address given in 761—620.2(321J). Following an unsuccessful informal settlement or instead of that procedure, the person may request a contested case hearing in accordance with rule 761—620.4(321J). [Filed 2/20/19, effective 4/17/19][Published 3/13/19]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/13/19.