PrintProposing rule making related to coordination of services and reviews and providing an opportunity for public comment
The Department of Human Services hereby proposes to amend Chapter 177, “In-Home Health Related Care,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 234.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 234.6.Purpose and Summary The proposed amendments add provisions for coordination of services to avoid duplication. The amendments also add clarification on when reviews need to be completed and when services may be terminated. These amendments remove form names and numbers.Fiscal Impact These proposed amendments may reduce state supplementary assistance payments through coordination of services provided to the client. However, in-home health-related care (IHHRC) expenditures have been declining since FY 2017, and the Department does not expect this rule provision to fundamentally change the overall cost trend.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on February 18, 2020. Comments should be directed to: Nancy Freudenberg Iowa Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: appeals@dhs.state.ia.usPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend subrule 177.4(1) as follows: 177.4(1) Eligible individual. a. The individual shall be eligible for supplemental security income in every respect except for income. b. The physician’s certification shall include a statement of the specific health care services and that the services can be provided in the individual’s own home. The certification shall be given on Form 470-0673, Physician’s Report,a form prescribed by the department or on a similar plan of care form presently used by public health agencies. c. The individual shall live in the individual’s own home. d. The client shall require and be receiving qualified health care services. Qualified health care services are health care services supervised by a registered nurse and approved by a physician. ITEM 2. Amend subrule 177.4(2) as follows: 177.4(2) Relationship to other programs. In-home health relatedhealth-related care shall be provided only when other existing programs cannot meet the client’s need.There shall be no duplication of services. ITEM 3. Amend subrule 177.4(4) as follows: 177.4(4) Service plan. A complete service plan shall be prepared which includes the services needed, the plan for providing these services, and the health care plan defined in rule 441—177.6(249).The service plan shall be developed following consultation between the client’s service worker and case manager to avoid all duplication of services. Consultation shall include current services provided to the client, payer sources, level of service needs, and service history. ITEM 4. Amend subrule 177.4(10) as follows: 177.4(10) Application. Application for in-home health-relatedhealth-related care shall be made on Form 470-2927 or 470-2927(S), Health Services Applicationa form prescribed by the department. An eligibility determination shall be completed within 30 days from the date of the application, unless one or more of the following conditions exist: a. An application has been filed and is pending for federal supplemental security income benefits. b. The application is pending because the department has not received information, which is beyond the control of the client or the department. c. The application is pending due to the disability determination process performed through the department. d. The application is pending because Form 470-0636, Provider Agreement,the provider agreement has not been completed and completion is beyond control of the client. When Form 470-0636the provider agreement cannot be completed due to the client’s failure to locate a provider, applications shall not be held pending beyond 60 days from the date of application. ITEM 5. Amend subrule 177.5(2) as follows: 177.5(2) Health assessment. The provider shall obtain certification that the provider is physically and emotionally capable of providing assistance to another person who may have physical and emotional limitations. a. The certification shall be based on an examination performed by a physician or advanced registered nurse practitioner or by a physician assistant who is working under the direction of a physician. If the provider works for an agency, the practitioner performing the examination may not be employed by the same agency. b. The practitioner conducting the examination shall indicate the certification by signing Form 470-0672, Provider Health Assessmentthe provider health assessment. c. The certification shall be submitted to the department service worker: (1) Before the provider agreement is signed, and (2) Annually thereafter. ITEM 6. Amend subrule 177.6(3) as follows: 177.6(3) Review. The continuing need for in-home health care services shall be reviewed: a. At a minimum of every 60 days by the physician, including a written recertification of continuing appropriateness of the plan; b. At a minimum of every six months by the service worker, including a review of the total care planand consultation with the client’s case manager to consider any change in the client’s payer sources, level of service needs, current services provided, and service history; c. At a minimum of every 60 days by the nurse who shall review the nursing plan; or d. More frequently if required by the physician, the service worker, or the nurse.; or e. Upon notification of initiation of waiver services. ITEM 7. Amend subrule 177.9(3) as follows: 177.9(3) Provider agreement. The client and the provider shall enter into an agreement, using Form 470-0636, Provider Agreementthe provider agreement form, prior to the provision of service. Any reduction to the state supplemental assistance program shall be applied to the maximum amount paid by the department of human services as stated in the Provider Agreementprovider agreement by using Form 470-1999, Amendmentthe separate amendment to Provider Agreementprovider agreement form. ITEM 8. Amend rule 441—177.11(249) as follows:441—177.11(249) Termination. Termination of in-home health relatedhealth-related care shall occur under the following conditions.: 177.11(1) Request. Upon the request of the client or legal representative. 177.11(2) Care unnecessary. When the client becomes sufficiently self-sustaining to remain in the client’s own home with services that can be provided by existing community agencies as determined by the service worker. 177.11(3) Additional care necessary. When the physical or mental condition of the client requires more care than can be provided in the client’s own home as determined by the service worker. 177.11(4) Excessive costs. When the cost of care exceeds the maximum established in 177.4(3). 177.11(5) Other services utilized. When the service worker determines that other services can be utilized to better meet the client’s needs. 177.11(6) Terms of provider agreement not met. When it has been determined by the service worker that the terms of the provider agreement have not been met by the client or the provider, the state supplementary assistance payment may be terminated. 177.11(7) Qualified health care services absent. Qualified health care services are health care services supervised by a registered nurse and approved by a physician. When a registered nurse is not available to supervise the in-home service and health care plan, or when a physician or nurse practitioner is not available to review or approve the health care plan, the state supplementary assistance payment shall be terminated.ARC 4889CHuman Services Department[441]Notice of Intended ActionProposing rule making related to aftercare amounts and providing an opportunity for public comment
The Department of Human Services hereby proposes to amend Chapter 187, “Aftercare Services Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 234.46.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 234.46.Purpose and Summary When Chapter 187 was recently amended, the new language was unclear. The Department believes there was an oversight when changes were made, and the result was that some participants may receive less financial support than was intended. This proposed amendment corrects that error by clarifying that youth who previously received aftercare services may receive up to $300 per quarter in postservices funds, which was the intent of the original amendment. This is the amount available to each youth per the aftercare contract. Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217). Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on February 18, 2020. Comments should be directed to: Nancy Freudenberg Iowa Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: appeals@dhs.state.ia.usPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Amend subrule 187.3(7) as follows: 187.3(7) Postservices allowance. Youth 21 or 22 years of age who previously received aftercare services may receive postservices funds if they meet all of the following criteria: a. The youth is participating in postservices as described in subrule 187.3(3). b. A budget discussion has been completed timely by the youth with a self-sufficiency advocate. c. The need has been identified in the individual self-sufficiency plan. d. The postservices funds approved for the youth have not exceeded $600 for the previous 12-month period$300 for a three-month period calculated from the date of initiation of postservices.ARC 4890CInspections and Appeals Department[481]Notice of Intended ActionProposing rule making related to dependent adult abuse and providing an opportunity for public comment
The Inspections and Appeals Department hereby proposes to amend Chapter 52, “Dependent Adult Abuse in Facilities and Programs,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 10A.104 and 235E.5.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 235E.2 as amended by 2019 Iowa Acts, House File 304, and Iowa Code section 235E.5.Purpose and Summary The proposed amendment implements changes made to Iowa Code chapter 235E resulting from 2019 Iowa Acts, House File 304, which added a citation to reference “personal degradation” as defined in Iowa Code section 235E.1(5)“a”(3) to the list of dependent adult abuse required to be reported that shall be collected and maintained by the Department of Human Services as an assessment only for a five-year period and shall not be included in the central registry or considered to be founded dependent adult abuse if determined by the Department of Inspections and Appeals to be minor, isolated, and unlikely to reoccur. 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 February 18, 2020. Comments should be directed to: Ashleigh Hackel Iowa Department of Inspections and Appeals Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: ashleigh.hackel@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 action is proposed:
ITEM 1. Amend subrule 52.3(3) as follows: 52.3(3) Reports of abuse that is minor, isolated, and unlikely to reoccur. a. Minor, isolated, and unlikely to reoccur—first instance.A report of dependent adult abuse that meets the definition of “dependent adult abuse” as defined in Iowa Code section 235E.1(5)“a”(1)(a) or (d), or section 235E.1(5)“a”(3), which the department determines is minor, isolated, and unlikely to reoccur shall be collected and maintained by the department of human services for a five-year period, shall not be included in the central registry, and shall not be considered founded dependent adult abuse. b. Minor, isolated, and unlikely to reoccur—subsequent instance(s).A subsequent report of dependent adult abuse that meets the definition of “dependent adult abuse” as defined in Iowa Code section 235E.1(5)“a”(1)(a) or (d), or section 235E.1(5)“a”(3), that occurs within the five-year period, and that is committed by the same caretaker may also be considered minor, isolated, and unlikely to reoccur, depending on the totality of circumstances. c. Retention of reports.All initial and subsequent reports are collected and maintained by the department of human services until a five-year period has expired, so long as no additional reports have been filed.ARC 4882CLabor Services Division[875]Notice of Intended ActionProposing rule making related to general industry safety and health rules and providing an opportunity for public comment
The Labor Commissioner hereby proposes to amend Chapter 10, “General Industry Safety and Health Rules,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 88.5.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 88.Purpose and Summary This proposed amendment adopts by reference changes to the federal occupational safety and health standards for general industry. The federal changes include corrections to fix errors in the standards for ladders, stairways, scaffolds and rope descent systems, and fall protection. The U.S. Occupational Safety and Health Administration was able to adopt these changes using expedited procedures for typographical and clerical errors. The changes also modify the respiratory protection standard by adopting two additional quantitative fit testing protocols. The additional protocols will reduce compliance burdens and increase flexibility without endangering employee health. While the new protocols are set forth in the general industry standards, they also apply to the construction industry. 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 Commissioner for a waiver of the discretionary provisions, if any, pursuant to 875—Chapter 5. 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 Commissioner no later than 4:30 p.m. on February 19, 2020. Comments should be directed to: Kathleen Uehling Division of Labor Services 150 Des Moines Street Des Moines, Iowa 50309 Email: kathleen.uehling@iwd.iowa.govPublic Hearing If requested, a public hearing at which persons may present their views orally or in writing will be held as follows: February 19, 2020 9 a.m. 150 Des Moines Street Des Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Commissioner 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 action is proposed:
ITEM 1. Amend rule 875—10.20(88) by inserting the following at the end thereof:84 Fed. Reg. 50755 (September 26, 2019)84 Fed. Reg. 68795 (December 17, 2019)ARC 4883CProfessional Licensure Division[645]Notice of Intended ActionProposing rule making related to child abuse and dependent adult abuse identification and reporting training and providing an opportunity for public comment
The Board of Podiatry hereby proposes to amend Chapter 220, “Licensure of Podiatrists,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 272C.2, 232.69(3)“e” and 235B.16(5)“f.”State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 232.69 and 235B.16.Purpose and Summary 2019 Iowa Acts, House File 731, amended Iowa Code sections 232.69 and 235B.16, which govern mandatory training in child and dependent adult abuse identification and reporting for certain professionals. This proposed rule making amends the Board’s requirements for mandatory training in child and dependent adult abuse identification and reporting to reflect the statutory changes and requires that podiatrists who must report child or dependent adult abuse comply with the requirements for training every three years, as provided in the amended Iowa Code sections 232.69 and 235B.16.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on March 20, 2020. Comments should be directed to: Tony Alden Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Fax: 515.281.3121 Email: tony.alden@idph.iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: February 18, 2020 8 to 8:30 a.m. Fifth Floor Conference Room 526 Lucas State Office Building Des Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Amend subrule 220.9(4) as follows: 220.9(4) Mandatory reporter training requirements. a. A licensee who, in the scope of professional practice or in the licensee’s employment responsibilities, examines, attends, counsels or treats children in Iowa shall indicate on the renewal application completion of two hours of training in child abuse identification and reportingas required by Iowa Code section 232.69(3)“b” in the previous fivethree years or condition(s) for waiver of this requirement as identified in paragraph “e.”220.9(4)“e.” b. A licensee who, in the course of employment, examines, attends, counsels or treats adults in Iowa shall indicate on the renewal application completion of two hours of training in dependent adult abuse identification and reportingas required by Iowa Code section 235B.16(5)“b” in the previous fivethree years or condition(s) for waiver of this requirement as identified in paragraph “e.”220.9(4)“e.” c. A licensee who, in the scope of professional practice or in the course of employment, examines, attends, counsels or treats both adults and children in Iowa shall indicate on the renewal application completion of training in abuse identification and reporting for dependent adults and children in the previous five years or condition(s) for waiver of this requirement as identified in paragraph “e.”Training may be completed through separate courses as identified in paragraphs “a” and “b” or in one combined two-hour course that includes curricula for identifying and reporting child abuse and dependent adult abuse. The coursecourse(s) shall be athe curriculum approvedprovided by the Iowa department of public health abuse education review panelhuman services. d. The licensee shall maintain written documentation for fivethree years after mandatory training as identified in paragraphs “a”220.9(4)“a” to “c,” including program date(s), content, duration, and proof of participation. e. The requirement for mandatory training for identifying and reporting child and dependent adult abuse shall be suspended if the board determines that suspension is in the public interest or that a person at the time of license renewal: (1) Is engaged in active duty in the military service of this state or the United States. (2) Holds a current waiver by the board based on evidence of significant hardship in complying with training requirements, including an exemption of continuing education requirements or extension of time in which to fulfill requirements due to a physical or mental disability or illness as identified in 645—Chapter 4rule 645—4.14(272C). f. The board may select licensees for audit of compliance with the requirements in paragraphs “a”220.9(4)“a” to “e.”ARC 4884CTransportation Department[761]Notice of Intended ActionProposing rule making related to driver improvement program and providing an opportunity for public comment
The Department of Transportation hereby proposes to amend Chapter 615, “Sanctions,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 307.12 and 321.210 and 2012 Iowa Acts, Senate File 2218, section 5.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 321.210 and 321.372(3).Purpose and Summary This proposed rule making amends Chapter 615 to allow a person convicted of a first offense for unlawfully passing a school bus under Iowa Code section 321.372(3) to be eligible for the driver improvement program, established in rule 761—615.43(321), in lieu of a driver’s license suspension. Currently, a person who is convicted of a first-time offense for unlawfully passing a school bus faces a 30-day driver’s license suspension. Since the rule establishing license suspension was adopted, it has been reported to the Department that there is difficulty in charging and convicting a person of this offense because of the accompanying driver’s license suspension penalty and associated requirement that the person hold SR-22 insurance for two years following the suspension. The Department believes that allowing a person convicted of a first-time offense for unlawfully passing a school bus to attend the driver improvement program in lieu of a driver’s license suspension will address some of the difficulties with achieving convictions for this offense by offering a consequence that is more in line with other first-time traffic violation convictions. Also, allowing a person with a first-time offense to take a driver improvement course in lieu of license suspension promotes rehabilitating driver behavior, rather than simply punishing drivers or pushing drivers out of the driver system. A driver who attends a driver improvement course would still be subject to a probationary driving period and would be subject to a driver’s license sanction if the driver commits a violation during the probationary period. Furthermore, a driver who fails to attend or successfully complete the driver improvement course would be subject to a driver’s license suspension. The driver improvement program is a course offered at community colleges throughout the state on a regular basis. The course is eight hours long with evening and weekend options available. The purpose of the course is to examine attitudes and behaviors in relation to driving, to focus on teaching drivers how behind-the-wheel attitudes affect driving behavior, and to give participants the opportunity to reflect on driving behavior and make a commitment to positively alter the participant’s daily driving experience.Fiscal Impact In state fiscal year 2019, the Department issued 492 driver’s license suspensions for a first-time offense of unlawfully passing a school bus. Each time the Department suspends a person’s driver’s license for this type of conviction, the Department is required to assess a $200 civil penalty under Iowa Code section 321.218A. Furthermore, each time a person reinstates the person’s driver’s license after a suspension, the Department is required to assess a $20 reinstatement fee under Iowa Code section 321.191. Accordingly, if 492 persons a year attended the driver improvement course in lieu of having the person’s driver’s license suspended, that would result in $98,400 less going to the juvenile detention home fund annually ($200 × 492 = $98,400) and $9,840 less going to the statutory allocations fund annually ($20 × 492 = $9,840). Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11. Public Comment Any interested person may submit written comments concerning this proposed rule making or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on February 18, 2020. Comments should be directed to: Tracy George Department of Transportation DOT Rules Administrator, Strategic Communications and Policy Bureau 800 Lincoln Way Ames, Iowa 50010 Email: tracy.george@iowadot.usPublic Hearing A public hearing to hear requested oral presentations will be held as follows: February 20, 2020 10 a.m. Department of Transportation Motor Vehicle Division 6310 SE Convenience Boulevard Ankeny, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George, the Department’s rules administrator, and advise of specific needs. The public hearing will be canceled without further notice if no oral presentation is requested.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend subparagraph 615.17(2)"d" as follows: (1) 30 days for a first convictionunless otherwise provided in subparagraph 615.43(1)“a”(4). ITEM 2. Adopt the following new subparagraph 615.43(1)"a": (4) A person who is convicted of a first offense violation of Iowa Code section 321.372(3) or a similar ordinance of any political subdivision.ARC 4885CAgriculture and Land Stewardship Department[21]Adopted and FiledRule making related to exhibition of livestock
The Agriculture and Land Stewardship Department hereby amends Chapter 64, “Infectious and Contagious Diseases,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 163.1.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 163.Purpose and Summary The amendments clarify and describe rules for inspecting animals at exhibitions in order to control the spread of infectious or contagious disease affecting animals within the state.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 4, 2019, as ARC 4784C. A public hearing was held on December 30, 2019, at 11 a.m. in the second floor conference room of the Wallace State Office Building, Des Moines, Iowa. The Department received one comment during the comment period from the Iowa Pork Producers Association (IPPA). IPPA supported the rule making with no requested changes. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on January 8, 2020.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 4, 2020. The following rule-making actions are adopted:
ITEM 1. Amend subrule 64.34(1) as follows: 64.34(1) General requirements. All animals, poultry and birds intended for any exhibition will be considered under quarantine and not eligible for showing until the owner or agent presents an official Certificate of Veterinary Inspection. The certificateUnless otherwise indicated herein, the Certificate of Veterinary Inspection must be issued by an accredited veterinarian within 30 days (14 days for sheepand 7 days for swine) prior to the date of entry; and must indicate that the veterinarian has inspected the animals, poultry or birds and any nurse stock that accompany them, and that they are apparently free from symptoms of any infectious disease (including warts, ringworm, footrot, draining abscesses and pinkeye) or any communicable disease. Individual Certificates of Veterinary Inspection will not be required in certain classes, if the division superintendent for the exhibition has made prior arrangements with the official fair veterinarianand state veterinarian to have all animals and birds inspected on arrival. ITEM 2. Amend subrule 64.34(2) as follows: 64.34(2) Breeding cattleCattle. a. Individual identification and certificate.All cattle intended for exhibition shall have individual official identification and be accompanied by a Certificate of Veterinary Inspection. a. b. Tuberculosis.Cattle originating from a USDA accredited-free state or zone may be exhibited without other testing requirements when accompanied by a Certificate of Veterinary Inspection that lists individual official identification. Cattle from a herd or area under quarantine for tuberculosis may not be exhibited. Cattle from a state or zone which is not a USDA accredited-free state or zone must meet the following requirements: (1) Have had an individual animal test conducted within 60 days of the exhibition; or (2) Originate from a tuberculosis accredited-free herd, with the accredited herd number and date of last test listed on the Certificate of Veterinary Inspection; and (3) Have been issued a preentry permit from the state veterinarian’s office. b. c. Brucellosis. (1) Native Iowa cattle originating from a herd not under quarantine may be exhibited when accompanied by a Certificate of Veterinary Inspection that lists individual official identification. (2) Cattle originating outside the state must meet one of the following requirements:- Originate from brucellosis class “free” states, accompanied by a Certificate of Veterinary Inspection that lists individual official identification; or
- Be beef heifers under 24 months of age and dairy heifers under 20 months of age which are official brucellosis vaccinates, accompanied by a Certificate of Veterinary Inspection that lists the official calfhood vaccination tattoo and individual official identification; or
- Be animals of any age that originate from a herd not under quarantine, accompanied by a Certificate of Veterinary Inspection that lists a report of a negative brucellosis test conducted within 30 days prior to opening date of exhibition and individual official identification; or
- Originate from a certified brucellosis-free herd, accompanied by a Certificate of Veterinary Inspection that lists individual official identification, herd number, and date of last test; or
- Be calves under six months of age, accompanied by a Certificate of Veterinary Inspection that lists individual official identification.
Rule making related to nomination petitions and technical updates
The Iowa Egg Council hereby amends Chapter 1, “Organization and Purpose,” Chapter 2, “Rules of Practice,” Chapter 3, “Election of Members,” Chapter 4, “Assessment on Eggs,” and Chapter 5, “Public Records and Fair Information Practices,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 184.10(3).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 184.Purpose and Summary The amendments reduce the number of producers required to sign a nomination petition for nominees to the Council’s board from 20 to 3. The Council’s address is updated, and a number of technical changes 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 December 4, 2019, as ARC 4783C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on January 8, 2020.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 administrative rules for the Council do not contain a waiver provision.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 4, 2020. The following rule-making actions are adopted:
ITEM 1. Strike “196A” wherever it appears in the parenthetical implementation statutes of rules 301—1.1(196A) to 301—1.5(196A) and insert “184” in lieu thereof. ITEM 2. Amend rule 301—1.1(196A), introductory paragraph, as follows:301—1.1(196A) Iowa egg council composition. The Iowa egg council consists of seven members. Each council member must be a natural person who is a producer or an officer, equity owner, or employee of a producer. Two persons shall represent large producers, two persons shall represent medium producers, and three persons shall represent small producers. These members are elected according to 301—Chapter 3. The council is responsible for promoting market development for eggs, advancing public relations for the egg industry, and administering the assessment on eggs produced in Iowa imposed in Iowa Code chapter 196A184. ITEM 3. Amend rule 301—1.5(196A), implementation sentence, as follows: This rule is intended to implement Iowa Code section 17A.3 and 1995 Iowa Acts, House File 179chapter 184. ITEM 4. Strike “196A” wherever it appears in the parenthetical implementation statutes of 301—Chapter 2 and insert “184” in lieu thereof. ITEM 5. Amend rules 301—2.1(196A) and 301—2.2(196A) as follows:301—2.1(196A) Definitions. All words and terms defined in Iowa Code section 196A.1184.1 employed in these rules are given the definitions found in that chapter. The following words and terms used in these rules shall have the meaning hereafter ascribed to them: "Eligible voter" means every producer who owns, or contracts for the care of, 30,000 or more layer-type chickens raised in this state. This rule is intended to implement Iowa Code section 196A.12184.10.301—2.2(196A) Public information. The public is invited to obtain information or make informal requests of the council by addressing these matters, either orally or in writing, to the executive director of the Iowa Egg Council, 535 East Lincoln Way, Ames, Iowa 500108515 Douglas Avenue, Suite 9, Urbandale, Iowa 50322. This rule is intended to implement Iowa Code section 17A.3. ITEM 6. Amend subrule 2.4(2) as follows: 2.4(2) The petition shall be filed at the office of the council at 535 East Lincoln Way, Ames, Iowa 500108515 Douglas Avenue, Suite 9, Urbandale, Iowa 50322. ITEM 7. Amend rule 301—2.5(196A), introductory paragraph, as follows:301—2.5(196A) Petition for adoption of rules. An interested person may file with the council a written request that the council adopt, amend, or repeal a rule. The petition shall be addressed to the Iowa Egg Council, 535 East Lincoln Way, Ames, Iowa 500108515 Douglas Avenue, Suite 9, Urbandale, Iowa 50322, and shall include: ITEM 8. Strike “196A” wherever it appears in the parenthetical implementation statutes of 301—Chapter 3 and insert “184” in lieu thereof. ITEM 9. Amend subrule 3.1(6) as follows: 3.1(6) All eligible nominees nominated by valid petition signed by 20three producers shall be included on the ballot and shall be eligible for election to the council. ITEM 10. Amend rule 301—3.1(196A), implementation sentence, as follows: This rule is intended to implement 1995 Iowa Acts, House File 179, section 9Iowa Code section 184.8. ITEM 11. Amend subrule 3.2(2) as follows: 3.2(2) In addition to the mailed notice provided for above, the council shall cause to be published in a newspaper of general circulation in the state of Iowa,on the Iowa egg council website and in the producer newsletter a notice of election and form of ballot as the same appear in Exhibit 5, set out at the end of these rules and made a part hereof by reference. This published notice shall appear not less than 10 nor more than 20 days prior to the date of election, not counting the election day itself. ITEM 12. Amend rule 301—3.2(196A), implementation sentence, as follows: This rule is intended to implement Iowa Code section 196A.12 and 1995 Iowa Acts, House File 179, section 9184.8. ITEM 13. Strike “196A” wherever it appears in the parenthetical implementation statutes of 301—Chapter 4 and insert “184” in lieu thereof. ITEM 14. Amend rule 301—4.1(196A) as follows:301—4.1(196A) Rate of assessment. The assessment on egg sales authorized by Iowa Code section 196A.15 as amended by 1995 Iowa Acts, House File 179,184.3 and established by referendum as specified in Iowa Code section 196A.4184.2 is set by the council at not more than five cents for each 30 dozen eggs (one case) sold by a producer. This rule is intended to implement Iowa Code section 196A.15 as amended by 1995 Iowa Acts, House File 179184.3. ITEM 15. Amend subrule 4.2(3) as follows: 4.2(3) Except as provided above, egg processors who have purchased eggs from producers during any calendar quarter must remit to the Iowa egg council all assessments collected during that quarter not later than 30 days after each calendar quarter. All other persons who collect the assessment but who are not referred to in Iowa Code section 196A.15 as amended by 1995 Iowa Acts, House File 179,184.3 must also forward to the council the amount assessed, not later than 30 days after each calendar quarter. ITEM 16. Amend subrule 4.2(6), introductory paragraph, as follows: 4.2(6) An assessment is considered “remitted” within the meaning of Iowa Code section 196A.17184.13: ITEM 17. Amend rule 301—4.2(196A), implementation sentence, as follows: This rule is intended to implement Iowa Code section 196A.15 as amended by 1995 Iowa Acts, House File 179, and section 196A.17184.3. ITEM 18. Amend rule 301—4.3(196A), implementation sentence, as follows: This rule is intended to implement Iowa Code section 196A.15 as amended by 1995 Iowa Acts, House File 179184.3. ITEM 19. Amend 301—Chapter 4, Exhibit 1, as follows:EXHIBIT 1. NOTICE OF ELECTION OF IOWA EGG COUNCILTO: All Iowa Egg ProducersThis is to notify all Iowa egg producers eligible to vote for representatives to the Iowa Egg Council, pursuant to Iowa Code chapter 196A184, that the election for members of the Council will be held on the ____ day of ____________, _____. The following vacancies will be filled in this election: one Egg Producer Representative for large producers, one Egg Producer Representative for medium producers, one Egg Producer Representative for small producers.The following nominations have been made by the Iowa Egg Council Nominating Committee. Egg Producer Representative for large egg producers: Egg Producer Jones and Egg Producer Smith. Egg Producer Representative for medium egg producers: Egg Producer Smith and Egg Producer Jones. Egg Producer Representative for small egg producers: Egg Producer Jones and Egg Producer Smith.The Iowa Egg Council will mailsend ballots to each eligible voter appearing on the council records by the ____ day of ____________, _____. Additional ballots can be furnished upon request from the Iowa Egg Council, P.O. Box 408, Ames, Iowa 50010-0408.In order to be counted, ballots must be mailed toreceived by the Iowa Egg Council at P.O. Box 408, Ames, Iowa 50010-0408, with a postmark no later than the ____ day of ____________, _____. Ballots may be delivered to 535 East Lincoln Way, Ames, Iowa 50010-0408, no later than 5 p.m. on the ____ day of ____________, _____._______________________________________Executive DirectorIowa Egg Council535 East Lincoln WayAmes, Iowa 50010 ITEM 20. Amend 301—Chapter 4, Exhibit 2, as follows:EXHIBIT 2. NOMINATING PETITION________________________________Date SubmittedName and Address of NomineeNumber of layer-type chickens raised in IowaThe undersigned, being egg producers in the state of Iowa, hereby nominate the above named person to be an Iowa Egg Council Egg Producer Candidate representing medium egg production. We certify that the nominee is willing to serve if elected.NameAddress1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19.20.INSTRUCTIONS FOR PETITIONERSAll blank items must be legibly completed.Show nominee’s name as it is to be shown on the ballot.The nominee must be:Eligible to vote in the election.A producer with layer-type chickens raised in Iowa within the classification (small, medium, or large) which represents the vacancy on the council.Eligible to hold an office.Willing to serve if elected.The petition must be:Signed by at least 20three eligible Iowa Egg Council voters.Delivered to the Iowa Egg Council office not later than . ITEM 21. Amend 301—Chapter 4, Exhibit 3, as follows:EXHIBIT 3. ELECTION NOTIFICATION LETTERIowa Egg Council535 East Lincoln Way8515 Douglas Avenue, Suite 9Ames, Iowa 50010-0408Urbandale, Iowa 50322Date Iowa Egg Producer:The Iowa Egg Council election will be held on the ____ day of ____________, _____. That is the final date for mailing voted ballots to the Iowa Egg Council.Your official ballot is on the back of this letter. Please use itthe ballot to vote for your choice of representative(s) to the Iowa Egg Council. The ballot lists the names of the candidates.If you know of any eligible voters who did not receive ballots, please let them know that they can request ballots from the Iowa Egg Council office.If you have any questions on eligibility to vote or to hold office, please contact the Iowa Egg Council office to obtain an answer.ToEfforts will be made to ensure the secrecy of your vote, the blank envelope containing your ballot will be thoroughly shuffled among the other ballot envelopes before opening. The number of votes received by any candidate is available to you on request after the vote counting is completed.The candidate receiving the highest number of votes will be elected to the Council vacancy.REMEMBER ________________________________________________, __________________ IS THE FINAL DATE TO MAIL OR DELIVERCAST YOUR VOTED BALLOTVOTE.Iowa Egg Council elections are open to all eligible voters without regard to race, color, religion, sex, or national origin.____________________________________Executive DirectorIowa Egg Council ITEM 22. Amend 301—Chapter 4, Exhibit 4, as follows:EXHIBIT 4. IOWA EGG COUNCIL ELECTION OFFICIAL BALLOTINSTRUCTIONS FOR VOTING:- If you are a producer who owns, or contracts for the care of, thirty thousand or more layer-type chickens raised in Iowa, you are eligible to vote for members of the Iowa Egg Council.
- Vote for one candidate for each vacancy. If you vote for more than one for each vacancy, your vote will not be counted.
- Mark an “X” in the box by the name of the candidate you are voting for.
- Seal the marked ballot in the ballot envelope. DO NOT ENCLOSE ANY OTHER MATERIAL IN THE BALLOT ENVELOPE.Follow the instructions provided.
- Seal ballot envelope in business reply envelope addressed to the Iowa Egg Council.
- Sign and date the certification on the back of the business reply envelope. The ballot will not be counted unless the certification is properly signed.
- Mail the ballot envelope containing your marked ballot sealed in the business reply envelope.
- THE BUSINESS REPLY ENVELOPE CONTAINING THE BALLOT ENVELOPE MUST BE POSTMARKED OR RETURNED TO THE IOWA EGG COUNCIL OFFICE BY ___________, _____________ IN ORDER TO COUNT.
Rule making related to joint 911 service boards
The Homeland Security and Emergency Management Department hereby amends Chapter 10, “911 Telephone Systems,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 34A.22.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 34A.3 as amended by 2019 Iowa Acts, House File 516.Purpose and Summary The amendments add the sheriff of each county and the chief of police of each city operating a public safety answering point (PSAP) in that county as voting members of that county’s joint 911 service board.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 20, 2019, as ARC 4769C. 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 December 31, 2019.Fiscal Impact This rule making has no fiscal impact to the State of Iowa, since the rule making deals only with membership of joint 911 service boards. 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 March 4, 2020. The following rule-making actions are adopted:
ITEM 1. Amend paragraph 10.3(1)"a" as follows: a. Each political subdivision of the state, having a public safety agency serving territory within the county 911 service area, and each local emergency management agency as defined in Iowa Code section 29C.2 operating within the 911 service area is entitled to one voting membership.The sheriff of each county, or the sheriff’s designee, is entitled to voting membership on the county’s joint 911 service board. The chief of police of each city operating a public safety answering point, or the chief of police’s designee, is entitled to voting membership on the joint 911 service board of the county where the city is located. For the purposes of this paragraph, a township that operates a volunteer fire department providing fire protection services to the township, or a city that provides fire protection services through the operation of a volunteer fire department not financed through the operation of city government, shall be considered a political subdivision of the state having a public safety agency serving territory within the county. ITEM 2. Amend 605—Chapter 10, implementation sentence, as follows: These rules are intended to implement Iowa Code chapter 34A as amended by 2017 Iowa Acts, Senate File 500. [Filed 12/31/19, effective 3/4/20][Published 1/29/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/29/20.ARC 4891CLibraries and Information Services Division[286]Adopted and FiledRule making related to circulation policies
The Commission of Libraries hereby amends Chapter 1, “Organization and Operation,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 256.52(4).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 256.59.Purpose and Summary These amendments add a circulation policy regarding library cards, loan periods, fines, fees, and the suspension of library privileges to the rule describing access to the State Library’s collections.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 17, 2019, as ARC 4554C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Commission on December 31, 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 Commission for a waiver of the discretionary provisions, if any, pursuant to 286—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 March 4, 2020. The following rule-making actions are adopted:
ITEM 1. Adopt the following new subrule 1.5(3): 1.5(3) Definitions. "Holds" are patron requests to reserve items checked out to other patrons. Materials may be placed on hold through the library’s online catalog using a library card. When an item on hold becomes available, the patron placing the hold will be contacted and given five days to pick up the item. "Individual library card" means a card distributed by the state library that allows a patron to access the library’s collections, reference assistance, and online resources. "Proof of identity and state residence" means a government-issued form of identification with a photo and indication of Iowa residency, including but not limited to a driver’s license, a passport, a nonoperator’s identification card, or a military identification card; or, for minors, a school identification card. "Resident" means a person who lives in Iowa or pays property taxes in Iowa. "State employee library card" means a card distributed by the state library that allows a state employee to access the library’s collections, reference assistance, online resources, and interlibrary loan services. ITEM 2. Adopt the following new subrule 1.5(4): 1.5(4) Library cards. A resident of Iowa may obtain an individual library card by providing proof of identity and state residence in person, by mail, or online. A state employee may obtain a state employee library card by providing proof of identity, state residence, and state employment in person, by mail, or online. Cards expire regularly but can be reactivated. Library privileges will be suspended or canceled when a patron’s library card has expired. ITEM 3. Adopt the following new subrule 1.5(5): 1.5(5) Circulation of library materials. Circulating materials are checked out for three weeks, and each item may be renewed once if there are no holds on the item. Patrons may renew materials through the library’s online catalog. ITEM 4. Adopt the following new subrule 1.5(6): 1.5(6) Fines and fees. Fines are not assessed for overdue materials. Lost, unreturned or damaged materials may incur replacement costs up to $100. Replacement copies will not be accepted. Library privileges will be suspended or canceled when a patron has outstanding debt to the library. ITEM 5. Adopt the following new subrule 1.5(7): 1.5(7) Library records confidential. Library records are confidential pursuant to Iowa Code section 22.7. The state librarian is the custodian of the library’s records. [Filed 12/31/19, effective 3/4/20][Published 1/29/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/29/20.ARC 4892CLibraries and Information Services Division[286]Adopted and FiledRule making related to publications depository program
The Commission of Libraries hereby amends Chapter 3, “Statewide Programs and Agreements,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 256.52(4).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 256.51(1)“d” and 256.53.Purpose and Summary Rule 286—3.9(256) describes the State Library’s publications depository program. These amendments remove the requirement for an advisory council, lower the number of copies of state agency publications to be deposited with the State Library, and increase the minimum retention period for depository collections.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 17, 2019, as ARC 4553C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Commission on December 31, 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 Commission for a waiver of the discretionary provisions, if any, pursuant to 286—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 March 4, 2020. The following rule-making actions are adopted:
ITEM 1. Amend subrule 3.9(2) as follows: 3.9(2) Administration of the depository program. a. The state documents depository program shall be administered by the depository librarian under the direction of the state librarian. b. A nine-member advisory council shall be organized to advise the state library regarding this program. The advisory council may be composed of members of state agencies, representatives of depository and nondepository libraries, and the general public. The council shall be appointed by the state librarian with the recommendation of the depository librarian. c. b. The state library/depository library center shall serve as the last copy depository for predepository state information products and for those products never deposited with the center since its 1979 inception. ITEM 2. Amend paragraph 3.9(3)"a" as follows: a. Upon issuance of a state publication a state agency shall deposit with the depository library center, at no cost to the center, 75ten copies of the publication, or a lesser amount if specified by the center. ITEM 3. Amend paragraph 3.9(5)"b" as follows: b. All publications received under this program by the full depository and core depository libraries shall be retained for a minimum period of threesix years unless a lesser retention period is designated for an item or items by the depository library center. [Filed 12/31/19, effective 3/4/20][Published 1/29/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/29/20.ARC 4893CUtilities Division[199]Adopted and FiledRule making related to practice and procedure before the board
The Utilities Board (Board) hereby amends Chapter 7, “Practice and Procedure,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 474.5 and 476.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 476.2.Purpose and Summary These amendments update the Board rules that establish filing requirements and procedures for filings made with the Board.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 17, 2019, as ARC 4537C. A public hearing was held on August 20, 2019, at 2 p.m. in the Board Hearing Room, 1375 East Court Avenue, Des Moines, Iowa. Comments were made at the oral presentation by the Office of Consumer Advocate, the Iowa Communications Alliance, the Farm Bureau, and rate-regulated utilities. The comments addressed the proposed amendments related to the scope of the procedures, the time for filing a response to a pleading initiating a proceeding, filing of electronic and paper pleadings, and filing requirements for prepared testimony, exhibits and workpapers. The written comments were the same comments that were made at the oral presentation, described above. The Board issued an order adopting amendments on December 27, 2019. The order is available on the Board’s electronic filing system, efs.iowa.gov, under Docket No. RMU-2016-0022. The Board made several changes from the Notice based upon comments. The Board retained current language, which was proposed to be stricken, that included a contested case proceeding in the scope of the rules. The Board also retained the time for responding to an initial pleading as 20 days rather than the 14 days proposed in the Notice. The Board cited the electronic filing rules in 199—Chapter 14 for when a pleading is considered filed with the Board, rather than considering a pleading to be filed upon acceptance by the Board. Adoption of Rule Making This rule making was adopted by the Board on December 27, 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 No waiver provision is included in the amendments because the Board has a general waiver provision in rule 199—1.3(17A,474,476) that provides procedures for requesting a waiver of the rules in this chapter.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on March 4, 2020. The following rule-making actions are adopted:
ITEM 1. Amend rule 199—7.1(17A,474,476) as follows:199—7.1(17A,474,476) Scope and applicability. 7.1(1) This chapter applies to contested case proceedings, investigations, and other hearingsproceedings conducted by the board or a presiding officer, unless suchthe proceedings, investigations, and hearings are excepted below, otherwise ordered in any proceeding if reasonably necessary to fulfill the objectives of the proceeding, or are subject to special rules or procedures that may be adopted in specific circumstanceshave specific procedures established in board rules. If there are no other applicable procedural rules, this chapter applies to other types of agency action, unless the board or presiding officer orders otherwise. The rules in this chapter regarding the content and format of pleadings, testimony, workpapers, and other supporting documents apply to both paper filings and electronic filings made pursuant to 199—Chapter 14. The rules in this chapter regarding filing, service, and number of copies required apply to paper filings. Where electronic filing is required,Electronically filed documents shall be filed and served according to 199—Chapter 14.The board has established additional procedural requirements in other chapters as described in subrules 7.1(2) through 7.1(5). 7.1(2) Additional rules applicable only to rate cases, tariff filings, and rate regulation election by rural electric cooperatives are contained in 199—Chapter 26. 7.1(3) With the exception of rules 199—7.22(17A,476) (ex parte communications), 199—7.26(17A,476) (appeals from a proposed decision of a presiding officer), and 199—7.27(17A,476) (rehearing and reconsideration), none of these procedures shall apply to electric transmission line hearings under Iowa Code chapter 478 and 199—Chapter 11 or to pipeline or underground gas storage hearings under Iowa Code chapter 479 or 479B and 199—Chapters 10 and 13. Procedural rules applicable to these proceedings are found in the respective chapters. 7.(4) 7.1(3) Notice of inquiry docketsand investigations. The board may issue a notice of inquiryor open an investigation and establish a docket through which the inquiryor investigation can be processed. The procedural rules in this chapter shall not apply to these dockets, unless otherwise ordered by the board or presiding officer. Instead, the procedures for a notice of inquiry docket shall be specified in the initiating order and shall be subject to change by subsequent order or ruling by the board or the assigned inquiry docket manager. The procedures may include some or all of these procedural rules. 7.(5) 7.1(4) Reorganizations. Procedural rules applicable to reorganizations are included in 199—32.9(476). In the event the requirements in 199—32.9(476) conflict with the requirements in this chapter, the 199—32.9(476) requirements are controlling. 7.(6) 7.1(5) Discontinuance of service incident to utility property transfer.This subrule does not apply to telecommunications service providers registered with the board pursuant to Iowa Code section 476.95A. a. Scope.This rule applies to discontinuance of utility service pursuant to Iowa Code section 476.20(1), which includes the termination or transfer of the right and duty to provide utility service to a community or part of a community incident to the transfer, by sale or otherwise, except a stock transfer incident to corporate reorganization. This rule does not limit rights or obligations created by other applicable statutes or rulesincluding, but not limited to, the rights and obligations created by Iowa Code sections 476.22 to 476.26. Additional rules applicable to discontinuance of service by local exchange utilities and interexchange utilities are contained at rule 199—22.16(476). Discontinuance of service to individual customers is addressed in rules 199—19.4(476), 199—20.4(476), 199—21.4(476), and 199—22.4(476). Procedures in the event of a sale or transfer of a customer base by a telecommunications carrier are contained in 199—paragraph 22.23(2)“e.” b. Application.A public utility shall obtain board approval prior to discontinuance of utility service. The public utility shall file an application for permission to discontinue service that includes a summary of the relevant facts and the grounds upon which the application should be granted. When the discontinuance of service is incident to the transfer of utility property, the transferor utility and the transferee shall file a joint application. c. Approval.Within 30 days after an application is filed, the board shall approve the application or docket the application for further investigation. Failure to act on the application within 30 days will be deemed approval of the application. d. Contested cases.Contested cases under paragraph “c” shall be completed within four months after date of docketing. e. Criteria.The application will be granted if the board finds the utility service is no longer necessary, or if the board finds the transferee is ready, willing, and able to provide comparable utility service. 7.(7) 7.1(6) The purpose of these rules is to facilitate the transaction of business before the board and to promote the just resolution of controversies. Consistent with this purpose, the application of any of these rules, unless otherwise required by law, may be waived by the board or presiding officer pursuant to 199—1.3(17A,474,476). 7.(8) 7.1(7) Procedural orders. a. Authority to issue procedural orders inall proceedings, including contested case proceedings, investigations, hearings, and all other dockets and matters before the board when a majority of the board is not available due to emergency, or for the efficient and reasonable conduct of proceedings, is granted to a single board member. If no member of the board is available to issue a procedural order due to emergency, or for the efficient and reasonable conduct of proceedings, the procedural order may be issued by an administrative law judge employeda presiding officer designated by the board. If an administrative law judgea presiding officer is not available to issue a procedural order due to an emergency, or for the efficient and reasonable conduct of proceedings, a procedural order may be issued by the executive secretary or general counsel of the board. b. Procedural orders under this subrule shall be issued only upon the showing of good cause and when the prejudice to a nonmoving party is not great. The procedural order under this subrule shall state that it is issued pursuant to the delegation authority established in 199 IAC 7.1(8)subrule 7.1(7) and that the procedural order so issued is subject to review by the board upon its own motion or upon motion by any party or other interested person. ITEM 2. Amend rule 199—7.2(17A,476) as follows:199—7.2(17A,476) Definitions. Except where otherwise specifically defined by law: "Board" means the Iowa utilities board or a majority thereof. "Complainants" are persons who complain to the board of any act or thing done or omitted to be done in violation, or claimed to be in violation, of any provision of Iowa Code chapters 476 through 479B, or of any order or rule of the board. "Consumer advocate" means the consumer advocateoffice of consumer advocate, a division of the Iowa department of justice, referred to in Iowa Code chapter 475A. "Contested case" means a proceeding defined by Iowa Code section 17A.2(5) and includes any matter defined as a “no factual dispute” contested case under Iowa Code section 17A.10A. "Data request" means a discovery procedure in which the requesting party asks another person for specified information or requests the production of documents. "Expedited proceeding" means a proceeding before the board in which a statutory or other provision of law requires the board to render a decision in the proceeding in six months or less. "Filed" means received at the office of the board in a manner and form in compliance with the board’s filing requirementsaccepted for filing by the board as defined in rule 199—14.3(17A,476). "Intervenor" means any person who, upon written petition, is permitted to interveneas a party in a specific proceeding before the board. "Issuance" means the date written on the order unless another date is specified in the orderon which an order is uploaded into the board’s electronic filing system. "Parties" include, but are not limited to, complainants, petitioners, applicants, respondents, and intervenors. "Party" means each person named or admitted as a partyin a proceeding before the board. "Person" means as defined in Iowa Code section 4.1(20) and includes individuals and all forms of legal entities. "Petitioner" "applicant" means any party who, by written petition, application, or other filing, applies for or seeks relief from the board. "Presiding officer" means one board member, the administrative law judge, or another person so designated by the board for the purposes ofwith the authority to preside over a particular proceeding. "Proposed decision" means the presiding officer’s recommended findings of fact, conclusions of law, decision, and order in a contested caseproceeding that has been assigned by the board to the presiding officer. "Respondent" means any person against whom a complaint or petition is filed, or who by reason of interest or possible interest in the subject matter of a petition or application or the relief sought therein is made a respondent, or to whom an order is directed by the board initiating a proceeding. "Service" means service by first-class mail pursuant to subrule 7.4(6), unless otherwise specifiedas prescribed in 199—Chapter 14. ITEM 3. Amend rule 199—7.3(17A,476) as follows:199—7.3(17A,476) Presiding officers. Presiding officers may be designated by the board to preside over contested casesor other proceedings and conduct hearings and shall have the following authority, unless otherwise ordered by the board:- To regulate the course of hearings;
- To administer oaths and affirmations;
- To rule upon the admissibility of evidence and offers of proof;
- To take or cause depositions to be taken;
- To dispose of procedural matters, discovery disputes, motions to dismiss, and other motions which may involve final determination of proceedings, subject to review by the board on its own motion or upon application by any party;
- To certify any question to the board, in the discretion of the presiding officer or upon direction of the board;
- To permit and schedule the filing of written briefs;
- To hold appropriate conferences before, during, or after hearings;
- To render a proposed decision and order in a contested case proceeding, investigation, or other hearingproceeding, subject to review by the board on its own motion or upon applicationappeal by any party; and
- To take any other action necessary or appropriate to the discharge of duties vested in the presiding officer, consistent with law and with the rules and orders of the board.