Bulletin 02-26-2020

Front matter not included
ARC 4944CAgriculture and Land Stewardship Department[21]Notice of Intended Action

Proposing rule making related to bulk dry animal nutrients license renewals and providing an opportunity for public comment

    The Agriculture and Land Stewardship Department hereby proposes to amend Chapter 49, “Bulk Dry Animal Nutrients,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 200A.4.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 200A.5.Purpose and Summary    This proposed rule making allows for the renewal of a bulk dry animal nutrients license for a two-year period.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. 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 March 18, 2020. Comments should be directed to: Maison Bleam Iowa Department of Agriculture and Land Stewardship Wallace State Office Building 502 East 9th Street Des Moines, Iowa 50319 Email: maison.bleam@iowaagriculture.govPublic Hearing     A public hearing at which persons may present their views orally or in writing will be held as follows: March 18, 2020 9 to 10 a.m. Second Floor Conference Room Wallace State Office Building Des Moines, Iowa     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department 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.    Rescind rule 21—49.2(200A) and adopt the following new rule in lieu thereof:

21—49.2(200A) License.  A person who distributes a bulk dry animal nutrient product in this state must first obtain a license from the department. A license application must be submitted to the department, on a form furnished by the department, according to procedures required by the department. A license shall expire on July 1 of each even-numbered year following the date the license is issued. A license may be renewed for a two-year period as provided by the department. A person required to obtain a license shall pay the department a fee equal to $20 for each place from which the person distributes a bulk product in this state.
ARC 4941CBanking Division[187]Notice of Intended Action

Proposing rule making related to licensing sanctions regarding student loan debt and providing an opportunity for public comment

    The Iowa Division of Banking hereby proposes to amend Chapter 19, “Mortgage Loan Originators,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 17A.3 and 535D.21.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 17A and 535D.Purpose and Summary    The proposed amendments will rescind the Division’s rules regarding denying an application for a mortgage loan originator (MLO) license when the applicant is in default or delinquent on student loan debt as determined by the College Student Aid Commission pursuant to Iowa Code chapter 261. In 2019, the Legislature enacted 2019 Iowa Acts, Senate File 304, which repealed Iowa Code sections 261.121 to 261.127, effectively repealing the provisions whereby the College Student Aid Commission could issue a certificate of noncompliance for failure to repay student loans. The proposed amendments reflect the changes made by Senate File 304 and rescind the Division’s rules implementing the now-defunct certificate of noncompliance program.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa, because no existing fees are being changed and no new fees are being added. 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 187—Chapter 12. 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 March 17, 2020. Comments should be directed to: Zak Hingst Iowa Division of Banking 200 East Grand Avenue, Suite 300 Des Moines, Iowa 50309-1827 Email: zak.hingst@idob.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.    Rescind paragraph 19.3(2)"i".

    ITEM 2.    Reletter paragraph 19.3(2)"j" as 19.3(2)"i".

    ITEM 3.    Rescind and reserve rule 187—19.14(17A,261).
ARC 4937CHuman Services Department[441]Notice of Intended Action

Proposing rule making related to eligibility guidelines and providing an opportunity for public comment

    The Human Services Department hereby proposes to amend Chapter 170, “Child Care Services,” 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 update the eligibility guidelines for the Child Care Assistance (CCA) Plus program. The 12-month limit on eligibility is being removed, and the income guidelines are being revised. The definition of “infant and toddler” in the payment rate tables is being revised to include children up to three years old, and the definition of “preschool” is being revised accordingly.Fiscal Impact    The current CCA Plus program is based on an income limit of 85 percent of the state median income and is limited to 12 months. The time limit is in conflict with federal regulations. Effective July 1, 2020, the time limit will be eliminated and the income eligibility criteria will be reduced to 225 percent of the federal poverty level. Caseloads are projected to temporarily decrease slightly in SFY 2021 as the cases transition to the new eligibility criteria. The change recommended by the Governor to the infant and toddler definition is also incorporated in this estimate. $354 is the projected average monthly cost per case for the CCA Plus program for SFY 2021 based on actuals through December 31, 2019, including the additional cost to the CCA Plus program due to the change to the infant and toddler definition.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 March 17, 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.    Rescind paragraph 170.2(1)"a" and adopt the following new paragraph in lieu thereof:    a.    Income limits.    (1)   For initial eligibility, an applicant family’s nonexempt gross monthly income as established in paragraph 170.2(1)“c” cannot exceed the amounts in this subparagraph.
  1. 145 percent of the federal poverty level applicable to the family size for children needing basic care; or
  2. 200 percent of the federal poverty level applicable to the family size for children needing special-needs care; or
  3. 85 percent of Iowa’s median family income, if that figure is lower than the standard in numbered paragraph “1” or “2.”
    (2)   For ongoing eligibility, at the time of a family’s annual eligibility redetermination as described in subrule 170.3(5), the family’s nonexempt gross monthly income as established in paragraph 170.2(1)“c” cannot exceed the amounts in this subparagraph.
  1. 225 percent of the federal poverty level applicable to the family size for children needing basic care or special-needs care; or
  2. 85 percent of Iowa’s median family income, if that figure is lower than the standard in numbered paragraph “1.”

    ITEM 2.    Amend paragraph 170.4(2)"a" as follows:    a.    Sliding fee schedule.    (1)   The fee schedule shown in the following table is effective for eligibility determinations made on or after July 1, 20192020: Monthly Income According to Family Size    Unit Fee Based on Number of Childrenin CareLevel12345678910111213+123 or moreA $989$1,011 $1,340$1,365 $1,689$1,720 $2,039$2,075 $2,389$2,429 $2,739$2,784 $3,088$3,139 $3,439$3,493 $3,789$3,848 $4,138$4,203 $4,489$4,557 $4,838$4,912 $5,188$5,267$0.00$0.00$0.00B $1,041$1,064 $1,410$1,437 $1,778$1,810 $2,146$2,184 $2,515$2,557 $2,883$2,930 $3,251$3,304 $3,620$3,677 $3,988$4,050 $4,356$4,424 $4,725$4,797 $5,093$5,170 $5,461$5,544$0.20$0.45$0.70C $1,070$1,094 $1,449$1,477 $1,828$1,861 $2,206$2,245 $2,585$2,629 $2,964$3,012 $3,342$3,397 $3,721$3,780 $4,100$4,163 $4,478$4,548 $4,857$4,931 $5,236$5,315 $5,614$5,699$0.45$0.70$0.95D $1,099$1,124 $1,489$1,517 $1,878$1,911 $2,266$2,306 $2,656$2,700 $3,044$3,094 $3,433$3,489 $3,823$3,883 $4,211$4,277 $4,600$4,672 $4,990$5,066 $5,378$5,460 $5,767$5,854$0.70$0.95$1.20E $1,130$1,155 $1,531$1,560 $1,930$1,965 $2,330$2,371 $2,730$2,776 $3,130$3,181 $3,529$3,587 $3,930$3,992 $4,329$4,397 $4,729$4,803 $5,129$5,207 $5,529$5,612 $5,928$6,018$0.95$1.20$1.45F $1,161$1,187 $1,572$1,602 $1,983$2,018 $2,393$2,435 $2,805$2,851 $3,215$3,267 $3,625$3,684 $4,037$4,100 $4,447$4,516 $4,858$4,933 $5,269$5,349 $5,679$5,765 $6,090$6,182$1.20$1.45$1.70G $1,193$1,220 $1,616$1,647 $2,038$2,075 $2,460$2,504 $2,883$2,931 $3,305$3,359 $3,727$3,788 $4,150$4,215 $4,572$4,643 $4,994$5,071 $5,417$5,499 $5,838$5,927 $6,260$6,355$1.45$1.70$1.95H $1,226$1,253 $1,660$1,692 $2,094$2,131 $2,527$2,572 $2,962$3,011 $3,395$3,450 $3,828$3,891 $4,263$4,330 $4,696$4,769 $5,130$5,210 $5,564$5,649 $5,997$6,088 $6,431$6,529$1.70$1.95$2.20I $1,260$1,288 $1,707$1,740 $2,152$2,191 $2,598$2,644 $3,045$3,095 $3,490$3,547 $3,936$4,000 $4,382$4,451 $4,828$4,903 $5,273$5,355 $5,720$5,807 $6,165$6,259 $6,611$6,711$1.95$2.20$2.45J $1,295$1,323 $1,753$1,787 $2,211$2,251 $2,669$2,716 $3,127$3,180 $3,585$3,644 $4,043$4,109 $4,502$4,572 $4,959$5,036 $5,417$5,501 $5,876$5,965 $6,333$6,429 $6,791$6,894$2.20$2.45$2.70K $1,331$1,360 $1,802$1,837 $2,273$2,314 $2,743$2,792 $3,215$3,269 $3,685$3,746 $4,156$4,224 $4,628$4,700 $5,098$5,177 $5,568$5,655 $6,040$6,132 $6,511$6,609 $6,981$7,087$2.45$2.70$2.95L $1,367$1,397 $1,852$1,887 $2,335$2,377 $2,818$2,868 $3,303$3,358 $3,786$3,848 $4,269$4,339 $4,754$4,829 $5,237$5,318 $5,720$5,809 $6,205$6,299 $6,688$6,789 $7,171$7,280$2.70$2.95$3.20M $1,405$1,436 $1,903$1,940 $2,400$2,443 $2,897$2,948 $3,395$3,452 $3,892$3,955 $4,389$4,460 $4,887$4,964 $5,384$5,467 $5,880$5,972 $6,378$6,476 $6,875$6,979 $7,372$7,484$2.95$3.20$3.45N $1,444$1,475 $1,955$1,993 $2,466$2,510 $2,976$3,029 $3,488$3,546 $3,998$4,063 $4,508$4,582 $5,020$5,099 $5,530$5,616 $6,040$6,135 $6,552$6,652 $7,062$7,169 $7,573$7,688$3.20$3.45$3.70O $1,484$1,517 $2,010$2,048 $2,535$2,580 $3,059$3,113 $3,585$3,645 $4,110$4,177 $4,634$4,710 $5,160$5,242 $5,685$5,773 $6,210$6,307 $6,736$6,838 $7,260$7,370 $7,785$7,903$3.45$3.70$3.95P $1,524$1,558 $2,065$2,104 $2,604$2,650 $3,143$3,198 $3,683$3,744 $4,222$4,291 $4,761$4,838 $5,301$5,384 $5,840$5,931 $6,379$6,478 $6,919$7,025 $7,458$7,571 $7,997$8,118$3.70$3.95$4.20Q $1,567$1,602 $2,123$2,163 $2,677$2,725 $3,231$3,288 $3,786$3,849 $4,340$4,411 $4,894$4,974 $5,449$5,535 $6,003$6,097 $6,557$6,660 $7,113$7,221 $7,667$7,783 $8,221$8,346$3.95$4.20$4.45R $1,610$1,645 $2,180$2,222 $2,749$2,799 $3,318$3,377 $3,889$3,954 $4,458$4,531 $5,027$5,109 $5,598$5,686 $6,167$6,263 $6,736$6,841 $7,307$7,418 $7,876$7,995 $8,445$8,573$4.20$4.45$4.70S $1,655$1,691 $2,241$2,284 $2,826$2,877 $3,411$3,472 $3,998$4,065 $4,583$4,658 $5,168$5,252 $5,755$5,845 $6,340$6,438 $6,925$7,033 $7,511$7,626 $8,096$8,219 $8,681$8,813$4.45$4.70$4.95T $1,700$1,737 $2,302$2,347 $2,903$2,956 $3,504$3,566 $4,107$4,175 $4,708$4,785 $5,309$5,395 $5,911$6,004 $6,512$6,613 $7,113$7,224 $7,716$7,833 $8,317$8,442 $8,918$9,053$4.70$4.95$5.20U $1,748$1,786 $2,367$2,412 $2,985$3,038 $3,602$3,666 $4,222$4,292 $4,840$4,919 $5,457$5,546 $6,077$6,173 $6,695$6,799 $7,312$7,426 $7,932$8,053 $8,550$8,679 $9,167$9,307$4.95$5.20$5.45V $1,795$1,835 $2,431$2,478 $3,066$3,121 $3,701$3,766 $4,337$4,409 $4,971$5,053 $5,606$5,697 $6,242$6,341 $6,877$6,984 $7,512$7,629 $8,148$8,272 $8,782$8,915 $9,417$9,560$5.20$5.45$5.70W $1,845$1,886 $2,499$2,547 $3,152$3,209 $3,804$3,872 $4,458$4,533 $5,111$5,194 $5,763$5,857 $6,417$6,518 $7,069$7,179 $7,722$7,842 $8,376$8,504 $9,028$9,165 $9,681$9,828$5.45$5.70$5.95X $1,896$1,938 $2,568$2,617 $3,238$3,296 $3,908$3,977 $4,580$4,656 $5,250$5,335 $5,920$6,016 $6,592$6,696 $7,262$7,375 $7,932$8,056 $8,604$8,735 $9,274$9,414 $9,944$10,095$5.70$5.95$6.20Y $1,949$1,992 $2,639$2,690 $3,328$3,388 $4,017$4,088 $4,708$4,787 $5,397$5,485 $6,086$6,185 $6,776$6,883 $7,465$7,581 $8,154$8,282 $8,845$8,980 $9,534$9,678 $10,223$10,378$5.95$6.20$6.45Z $2,002$2,046 $2,711$2,763 $3,419$3,481 $4,127$4,200 $4,836$4,917 $5,544$5,634 $6,251$6,353 $6,961$7,071 $7,669$7,788 $8,376$8,507 $9,086$9,224 $9,794$9,942 $10,501$10,661$6.20$6.45$6.70AA $2,058$2,103 $2,787$2,841 $3,515$3,578 $4,242$4,317 $4,972$5,055 $5,699$5,792 $6,427$6,531 $7,156$7,269 $7,883$8,006 $8,611$8,745 $9,340$9,483 $10,068$10,220 $10,795$10,959$6.45$6.70$6.95BB $4,000 $5,000 $6,000 $7,000 $8,000 $9,000 $9,000 $9,000 $9,000 $9,500 $10,000 $10,500 $11,500$6.70$6.95$7.20    (2)   To use the chart:
  1. Find the family size used in determining income eligibility for service.
  2. Move across the monthly income table to the column headed by that number.
  3. Move down the column for the applicable family size to the highest figure that is equal to or less than the family’s gross monthly income. Income at or above that amount (but less than the amount in the next row) corresponds to the fees in the last three columns of that row.
  4. Choose the fee that corresponds to the number of children in the family who receive child care assistance.

    ITEM 3.    Amend subparagraph 170.4(7)"a" as follows:    (2)   Under age group, “infant and toddler” shall mean age two weeks to twothree years; “preschool” shall mean twothree years to school age; “school age” shall mean a child in attendance in full-day or half-day classes.
ARC 4938CLabor Services Division[875]Notice of Intended Action

Proposing rule making related to penalties for occupational safety and health citations and providing an opportunity for public comment

    The Labor Commissioner hereby proposes to amend Chapter 3, “Posting, Inspections, Citations and Proposed Penalties,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 88.14.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 88.Purpose and Summary    Iowa’s occupational safety and health program is required to be at least as effective as the federal occupational safety and health program. The proposed amendment aligns Iowa’s penalties for occupational safety and health citations with the corresponding federal penalties by making mandatory annual cost-of-living adjustments.Fiscal Impact     The penalty increases may result in a small increase in penalties deposited in the General Fund. 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. 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 March 18, 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: March 18, 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 subrule 3.11(1) as follows:    3.11(1)   The civil penalties proposed by the labor commissioner on or after May 29, 2019May 31, 2020, are as follows:    a.    Willful violation.The penalty for each willful violation under Iowa Code section 88.14(1) shall not be less than $9,472$9,639 and shall not exceed $132,598$134,937.    b.    Repeated violation.The penalty for each repeated violation under Iowa Code section 88.14(1) shall not exceed $132,598$134,937.    c.    Serious violation.The penalty for each serious violation under Iowa Code section 88.14(2) shall not exceed $13,260$13,494.    d.    Other-than-serious violation.The penalty for each other-than-serious violation under Iowa Code section 88.14(3) shall not exceed $13,260$13,494.    e.    Failure to correct violation.The penalty for failure to correct a violation under Iowa Code section 88.14(4) shall not exceed $13,260$13,494 per day.    f.    Posting, reporting, or record-keeping violation.The penalty for each posting, reporting, or record-keeping violation under Iowa Code section 88.14(9) shall not exceed $13,260$13,494.
ARC 4940CLabor Services Division[875]Notice of Intended Action

Proposing rule making related to debt collection and providing an opportunity for public comment

    The Labor Commissioner hereby proposes to amend Chapter 61, “Administration of Iowa Code Chapter 88A,” Chapter 71, “Administration of the Conveyance Safety Program,” Chapter 90, “Administration of the Boiler and Pressure Vessel Program,” and Chapter 155, “Asbestos Removal and Encapsulation,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 88A.3, 88B.3, 89.7(2) and 89A.3(8).State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 88A, 88B, 89 and 89A.Purpose and Summary    This Notice of Intended Action contains technical and conforming amendments relating to debt collection by the College Student Aid Commission, the Child Support Recovery Unit, and the Department of Revenue. Agencies such as the Division of Labor Services that issue permits, licenses and similar authorizations must stand ready to assist in debt collection. These proposed amendments include updates and corrections relating to these duties. Several amendments propose to remove references to the College Student Aid Commission due to 2019 Iowa Acts, Senate File 304, which prohibited licensing sanctions against individuals who default or are delinquent on student loan debt or on a related service obligation.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. 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 March 18, 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: March 18, 2020 10 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 actions are proposed:

    ITEM 1.    Amend rule 875—61.2(88A), definition of “Certificate of noncompliance,” as follows:        "Certificate of noncompliance" means:
  1. A certificate of noncompliance issued by the child support recovery unit, department of human services, pursuant to Iowa Code chapter 252J;or
  2. A certificate of noncompliance issued by the college student aid commission pursuant to Iowa Code chapter 261; or
  3. 3A certificate of noncompliance issued by the centralized collection unit, department of revenue, pursuant to Iowa Code chapter 272D.

    ITEM 2.    Amend rule 875—61.6(88A,252J,261,272D), parenthetical implementation statute, as follows:

875—61.6(88A,252J,261,272D) Termination, denial, suspension, or revocation of an operating permit.  

    ITEM 3.    Amend rule 875—61.7(17A,88A,252J,261,272D), parenthetical implementation statute, as follows:

875—61.7(17A,88A,252J,261,272D) Procedures for revocation, suspension, or denial of an operating permit or amusement inspection sticker.  

    ITEM 4.    Amend subrule 61.7(1) as follows:    61.7(1)    If the commissioner initiates revocation, suspension or denial due to the receipt of a certificate of noncompliance, the applicable procedures of Iowa Code chapter 252J, 261, or 272D shall apply.

    ITEM 5.    Amend 875—Chapter 61, implementation sentence, as follows:       These rules are intended to implement Iowa Code chapters 17A, 88A, 252J, 261, and 272D.

    ITEM 6.    Amend rule 875—71.12(89A,252J,261,272D), parenthetical implementation statute, as follows:

875—71.12(89A,252J,261,272D) Special inspector commissions.  

    ITEM 7.    Amend subrule 71.12(1) as follows:    71.12(1) Definition.  As used in this rule, “certificate of noncompliance” means:    a.    A certificate of noncompliance issued by the child support recovery unit, department of human services, pursuant to Iowa Code chapter 252J;or    b.    A certificate of noncompliance issued by the college student aid commission pursuant to Iowa Code chapter 261; or    c.    b.    A certificate of noncompliance issued by the centralized collection unit of the department of revenue pursuant to Iowa Code chapter 272D.

    ITEM 8.    Amend subrule 71.12(11), introductory paragraph, as follows:    71.12(11) Procedures.  The following procedures shall apply except in the event of revocation or suspension due to receipt of a certificate of noncompliance. In instances involving receipt of a certificate of noncompliance, the applicable procedures of Iowa Code chapter 252J, 261, or 272D shall apply.

    ITEM 9.    Amend 875—Chapter 71, implementation sentence, as follows:       These rules are intended to implement Iowa Code chapters 89A, 252J, 261 and 272D.

    ITEM 10.    Amend rule 875—90.2(89,261,252J,272D), parenthetical implementation statute, as follows:

875—90.2(89,261,252J,272D) Definitions.  

    ITEM 11.    Amend rule 875—90.2(89,261,252J,272D), definition of “Certificate of noncompliance,” as follows:        "Certificate of noncompliance" means:
  1. A certificate of noncompliance issued by the child support recovery unit, department of human services, pursuant to Iowa Code chapter 252J;or
  2. A certificate of noncompliance issued by the college student aid commission pursuant to Iowa Code chapter 261; or
  3. 3A certificate of noncompliance issued by the centralized collection unit of the department of revenue pursuant to Iowa Code chapter 272D.

    ITEM 12.    Amend rule 875—90.9(89,252J,261), parenthetical implementation statute, as follows:

875—90.9(89,252J,261272D) Special inspector commissions.  

    ITEM 13.    Amend subrule 90.9(10), introductory paragraph, as follows:    90.9(10) Procedures.  The following procedures shall apply except in the event of revocation or suspension due to receipt of a certificate of noncompliance. In instances involving receipt of a certificate of noncompliance, the applicable procedures of Iowa Code chapter 252J, 261, or 272D shall apply.

    ITEM 14.    Amend 875—Chapter 90, implementation sentence, as follows:       These rules are intended to implement Iowa Code chapters 17A, 89, 252J, 261, and 272D.

    ITEM 15.    Amend subrule 155.2(2) as follows:    155.2(2) Action on application.  A new permit shall be valid for one year from the date of issuance. A renewal permit shall be valid for one year from the expiration date of the applicant’s prior permit. A permit may be denied for the reasons set forth in rule 875—155.8(17A,88B,252J,261272D) or if the application package is incomplete. Within 60 days of receiving a completed application package for a new permit, the division will issue a permit or deny the application. Within 30 days of receiving a completed application package for a permit renewal, the division will issue a permit or deny the application. Applications received after expiration of a prior permit will be considered applications for new permits rather than renewals.

    ITEM 16.    Amend subrule 155.6(9) as follows:    155.6(9) Action on application.  Within 30 days of receiving a completed application, the division will issue a license or deny the application. If a license is issued, it will expire one year from the date the training was completed. An application may be denied for the reasons set forth in rule 875—155.8(17A,88B,252J,261272D) or if the application package is incomplete.

    ITEM 17.    Amend rule 875—155.8(17A,88B,252J,261), parenthetical implementation statute, as follows:

875—155.8(17A,88B,252J,261272D) Denial, suspension and revocation.  

    ITEM 18.    Amend paragraph 155.8(1)"e" as follows:    e.    The division received a certificate of noncompliance from the college student aid commissioncentralized collection unit of the department of revenue or the child support recovery unit of the department of human services.

    ITEM 19.    Amend subrule 155.9(2) as follows:    155.9(2) Procedures.  The labor commissioner shall serve a notice of intended action by restricted certified mail, return receipt requested, or by other service as permitted by Iowa Code section 17A.18. A notice of contest must be received by the labor commissioner within 20 days after service of the notice of intended action. If a notice of contest is not timely filed, the action stated in the notice of intended action shall automatically be effective. Hearing procedures for asbestos contested cases are set forth in 875—Chapter 1, Division V. However, if a contested case is based on receipt by the division of a certificate of noncompliance, procedures outlined in Iowa Code chapter 252J or 261272D shall apply.

    ITEM 20.    Amend 875—Chapter 155, implementation sentence, as follows:       These rules are intended to implement Iowa Code chapters 17A, 88B, 252J, and 261272D.
ARC 4945CNursing Board[655]Notice of Intended Action

Proposing rule making related to Iowa nurse assistance program and providing an opportunity for public comment

    The Board of Nursing hereby proposes to amend Chapter 19, “Iowa Nurse Assistance Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 147.76 and 272C.3(1)“k.”State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 272C.Purpose and Summary    On October 9, 2019, the Board voted to decline to issue a declaratory order in response to a petition on the basis that the issue raised was better addressed through the rule-making process. On November 6, 2019, the Board issued a written ruling formalizing its reasons for declining to issue the order.    This proposed rule making now addresses the issue raised by the petition for declaratory order and clarifies the scope of the Board’s jurisdiction to impose discipline against a current participant in the Iowa Nurse Assistance Program. This rule making clarifies that, consistent with the jurisdictional authority provided in Iowa Code section 272C.3(1)“k,” a participant’s entrance into an initial agreement or contract with the program committee does not divest the Board of its authority to discipline a current participant in circumstances involving out-of-state discipline or criminal convictions, notwithstanding any relation to the participant’s impairment. This rule making also clarifies that a current participant shall be referred to the Board for appropriate action if that participant is alleged to have violated a statute or Board rule based on conduct unrelated to the participant’s impairment.     This rule making also updates the language in Chapter 19 to reflect modern terminology for defining qualifying impairments. Additionally, this rule making clarifies that any self-report from applicants or licensees must be submitted in a written form as opposed to verbally. This is to assist in record keeping and clarity of the histories of participants.    This rule making updates the definition of treatment providers from “approved” by the Board to “recognized” by the Board, while still allowing the Board to retain the authority to approve treatment providers. This change is in response to confusion by participants as to which online list or providers they should refer.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 655—Chapter 15. 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 17, 2020. Comments should be directed to: Kathy Weinberg Iowa Board of Nursing 400 S.W. Eighth Street, Suite B Des Moines, Iowa 50309 Email: kathy.weinberg@iowa.govPublic Hearing     A public hearing at which persons may present their views orally or in writing will be held as follows: March 17, 2020 9 to 10 a.m. Board Office, Suite B 400 S.W. Eighth 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 Board and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    ITEM 1.    Amend rule 655—19.1(272C) as follows:

655—19.1(272C) Iowa nurse assistance program committee.  Pursuant to the authority of Iowa Code section 272C.3(1)“k,” the board establishes the Iowa nurse assistance program committee (INAPC), formerly known as the licensee review committee, to implement the Iowa nurse assistance program (INAP). The purpose of the INAPC is to provide a program to support the evaluation and monitoring of licensees who are impaired as a result of alcohol or drug abuse, dependency, or addiction, or byany substance use disorder or any mental or physical disorder or disabilityhealth condition, while protecting the health, safety and welfare of the public.

    ITEM 2.    Amend rule 655—19.2(272C), definition of “Approved treatment provider,” as follows:        "ApprovedRecognized treatment provider" means a licensed health care provider with board-approved expertise in substance use disorderdisorders or mental or physical health conditions.

    ITEM 3.    Amend subrule 19.4(1) as follows:    19.4(1) Self-report.  An applicant or a licensee shallprovide a written self-reportof an impairment or potential impairment directly to the program.

    ITEM 4.    Amend subrule 19.4(5) as follows:    19.4(5) Authority and jurisdictionof the board over participants.      a.    Participation in the programA participant’s entrance into an initial agreement or contract with the INAPC does not divest the board of its authority or jurisdiction over the participant.     b.    A participant’s entrance into an initial agreement or contract with the INAPC specifically does not divest the board of its authority or jurisdiction to impose discipline against a participant who receives a criminal conviction or discipline from another state’s licensing agency, regardless of whether the conduct resulting in the conviction or out-of-state discipline is related to the participant’s impairment, and regardless of whether the conviction or out-of-state discipline occurred prior to or after the participant entered into the initial agreement or contract with the INAPC.    c.    A participant with an impairment or potential impairmentParticipants may be eligible to participatecontinue participating in the program, subject to the INAPC’s discretion, while being subject to investigation or discipline by the board for matters other than the allegedconduct unrelated to the participant’s impairment.

    ITEM 5.    Amend rule 655—19.6(272C) as follows:

655—19.6(272C) LimitationsReferral to the board.  Participation in the INAP shall not relieve the board of any duties and shall not divest the board of any authority or jurisdiction otherwise provided. AIf a participant who violatesis alleged to have violated a statute or board administrative rule,whichbased on conduct that is unrelated tothe participant’s impairment, the INAPC shall be referredrefer the participant to the board for appropriate action.
ARC 4935CProfessional Licensure Division[645]Notice of Intended Action

Proposing rule making related to child abuse and dependent adult abuse mandatory reporter training and providing an opportunity for public comment

    The Board of Dietetics hereby proposes to amend Chapter 81, “Licensure of Dietitians,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 232.69(3)“e,” 235B.16(5)“e,” and 272C.2.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 reporting for certain professionals. This proposed rule making amends the Board’s requirements for mandatory training in child and dependent adult abuse reporting to reflect the statutory changes and requires that dietitians who must report child and dependent adult abuse comply with the training requirements 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 18, 2020. Comments should be directed to: Sharon Dozier Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: sharon.dozier@idph.govPublic Hearing     A public hearing at which persons may present their views orally or in writing will be held as follows: March 18, 2020 10 to 10:30 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 81.9(4) as follows:    81.9(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.”81.9(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.”81.9(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”81.9(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 82rule 645—4.14(272C).    f.    The board may select licensees for audit of compliance with the requirements in paragraphs “a”81.9(4)“a” to “e.”
ARC 4936CProfessional Licensure Division[645]Notice of Intended Action

Proposing rule making related to child abuse and dependent adult abuse mandatory reporter training and providing an opportunity for public comment

    The Board of Nursing Home Administrators hereby proposes to amend Chapter 141, “Licensure of Nursing Home Administrators,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 232.69(3)“e,” 235B.16(5)“e,” 272C.2, and 272C.3.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 reporting for certain professionals. This proposed rule making amends the Board’s requirements for mandatory training in child and dependent adult abuse reporting to reflect the statutory changes and requires that nursing home administrators who must report child and dependent adult abuse comply with the training requirements 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 18, 2020. Comments should be directed to: Sharon Dozier Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: sharon.dozier@idph.govPublic Hearing     A public hearing at which persons may present their views orally or in writing will be held as follows: March 18, 2020 10:30 to 11 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 141.9(8) as follows:    141.9(8)   Mandatory reporter training requirements.    a.    A licensee who, in the scope of professional practice or in the licensee’s employment responsibilities, attends, counsels or treats children in Iowa shallcomplete an initial two-hour child abuse mandatory reporter training course offered by the department of human services within six months of employment, or prior to the expiration of a current certificate. Thereafter, all mandatory reporters shall take a one-hour recertification training course every three years, prior to the expiration of a current certificate. The licensee shall indicate on the renewal application completion of two hours of training in child abuse identification and reporting in the previous fivethree years or condition(s) for waiver of this requirement as identified in paragraph “e.”141.9(8)“d.”    b.    A licensee who, in the course of employment, examines, attends, counsels or treats adults in Iowa shallcomplete an initial two-hour dependent adult mandatory reporter training course offered by the department of human services within six months of employment, or prior to the expiration of a current certificate. Thereafter, all mandatory reporters shall take a one-hour recertification training course every three years, prior to the expiration of a current certificate. The licensee shall indicate on the renewal application completion of two hours of training in dependent adult abuse identification and reporting in the previous fivethree years of condition(s) for waiver of this requirement as identified in paragraph “e.”141.9(8)“d.”    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 course shall be a curriculum approved by the Iowa department of public health abuse education review panel.    d.    c.    The licensee shall maintain written documentation for fivethree years after mandatory training as identified in paragraphs “a”to “c,” including program date(s), content, duration, and proof of participation.141.9(8)“a” and “b.”    e.    d.    The requirement for mandatory trainingtrainings 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 143rule 645—4.14(272C).    f.    e.    The board may select licensees for audit of compliance with the requirements in paragraphs “a” to “e.”141.9(8)“a” to “d.”
ARC 4934CProfessional Licensure Division[645]Notice of Intended Action

Proposing rule making related to child abuse and dependent adult abuse mandatory reporter training and providing an opportunity for public comment

    The Board of Psychology hereby proposes to amend Chapter 240, “Licensure of Psychologists,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 232.69(3)“e,” 235B.16(5)“e,” and 272C.2.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 reporting for certain professionals. This proposed rule making amends the Board’s requirements for mandatory training in child and dependent adult abuse reporting to reflect the statutory changes and requires that psychologists who must report child and dependent adult abuse comply with the training requirements 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 18, 2020. Comments should be directed to: Sharon Dozier Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: sharon.dozier@idph.govPublic Hearing    A public hearing at which persons may present their views orally or in writing will be held as follows: March 18, 2020 11 to 11:30 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 240.13(4) as follows:    240.13(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.”240.13(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.”240.13(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”240.13(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 241rule 645—4.14(272C).    f.    The board may select licensees for audit of compliance with the requirements in paragraphs “a”240.13(4)“a” to “e.”
ARC 4933CProfessional Licensure Division[645]Notice of Intended Action

Proposing rule making related to child abuse and dependent adult abuse mandatory reporter training and providing an opportunity for public comment

    The Board of Respiratory Care and Polysomnography hereby proposes to amend Chapter 261, “Licensure of Respiratory Care Practitioners, Polysomnographic Technologists, and Respiratory Care and Polysomnography Practitioners,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 232.69(3)“e,” 235B.16(5)“e,” and 272C.2.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 reporting for certain professionals. This proposed rule making amends the Board’s requirements for mandatory training in child and dependent adult abuse reporting to reflect the statutory changes and requires that respiratory care practitioners and polysomnographic technologists who must report child and dependent adult abuse comply with the training requirements 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 April 23, 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: April 23, 2020 9 to 9:30 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 261.8(4) as follows:    261.8(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.”261.8(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.”261.8(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”261.8(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 262rule 645—4.14(272C).    f.    The board may select licensees for audit of compliance with the requirements in paragraphs “a”261.8(4)“a” to “e.”
ARC 4943CPublic Health Department[641]Notice of Intended Action

Proposing rule making related to licensing and providing an opportunity for public comment

    The Plumbing and Mechanical Systems Board hereby proposes to amend Chapter 32, “Plumbing and Mechanical Systems Board—Licensee Discipline,” and Chapter 60, “Plumbing and Mechanical Systems Board—Noncompliance Regarding Child Support, Nonpayment of State Debt, and Noncompliance Regarding Student Loan Repayment,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 105.4.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 105 and 272C; 2019 Iowa Acts, Senate File 304; and 2019 Iowa Acts, Senate File 567.Purpose and Summary    The proposed amendments to Chapter 32 reflect changes made by 2019 Iowa Acts, Senate File 567, which specified when the Board can deny a license. Minor edits and changes are also included.    The proposed amendments to Chapter 60 reflect changes made by 2019 Iowa Acts, Senate File 304, which repealed the sections of the Iowa Code that provided authority for 641—Chapter 195. Chapter 60 currently references 641—Chapter 195, which has been rescinded. The proposed amendments prohibit the suspension or revocation of a license issued by the Board to a person who is in default or is delinquent on student loan repayment or a service obligation. 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 the Board’s general waiver provisions contained in 641—Chapter 31. 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 17, 2020. Comments should be directed to: Kane Young Plumbing and Mechanical Systems Board Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: kane.young@idph.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.    Amend subrule 32.2(5) as follows:    32.2(5)   Conviction of a felony related to the profession or occupation of the licensee or the conviction of any felony that would affect the licensee’s ability to practice within the professionlisted in Iowa Code section 105.22(4). A copy of the record or conviction or plea of guilty shall be conclusive evidence of such conviction.

    ITEM 2.    Amend subrule 32.2(22) as follows:    32.2(22)   Failure to notify the board within 30 days after the occurrence of any judgmententered on or settlement of professional negligencea claim or actionrelated to the profession.

    ITEM 3.    Amend subrule 32.2(37) as follows:    32.2(37)   Practicing as a contractor without valid bonding or insurance, as required by Iowa Code section 105.19 as amended by 2013 Iowa Acts, Senate File 427.

    ITEM 4.    Amend paragraph 32.5(1)"f" as follows:    f.    Falsely impersonating a person licensed under Iowa Code chapter 105as amended by 2013 Iowa Acts, Senate File 427.

    ITEM 5.    Amend rule 641—60.3(261) as follows:

641—60.3(261272C) Student loan repayment noncompliance.  The board hereby adopts by reference 641—Chapter 195, “Student Loan Default/Noncompliance with Agreement for Payment of Obligation,” Iowa Administrative Code.The board shall not suspend or revoke the license or certification of a person who is in default or is delinquent on repayment or a service obligation under federal or state postsecondary educational loans or public or private services-conditional postsecondary tuition assistance solely on the basis of such default or delinquency.

    ITEM 6.    Amend 641—Chapter 60, implementation sentence, as follows:       These rules are intended to implement Iowa Code chapters 252J, 272C, and 272D and section 261.126.
ARC 4942CRevenue Department[701]Notice of Intended Action

Proposing rule making related to tax return preparers and providing an opportunity for public comment

    The Revenue Department hereby proposes to amend Chapter 7, “Practice and Procedure Before the Department of Revenue,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 421.14.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 421.62 to 421.64.Purpose and Summary    The Department proposes this rule making to implement new provisions that were added to Iowa Code chapter 421 by 2019 Iowa Acts, House File 590. Iowa Code section 421.62 defines “tax return preparer” and sets forth a penalty for tax return preparers who fail to include their preparer tax identification number on certain returns or claims for refund they prepare under Iowa Code chapter 422. Iowa Code section 421.63 grants the Department the authority to enjoin certain tax return preparers. Lastly, Iowa Code section 421.64 imposes continuing education requirements on tax return preparers.Fiscal Impact     This rule making has no fiscal impact beyond that of the legislation it is intended to implement. A fiscal estimate prepared by the Department for similar legislation is available upon request. 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 701—7.28(17A). 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 March 17, 2020. Comments should be directed to: Ellen Reynolds Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306 Phone: 515.725.4057 Email: ellen.reynolds@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 rule 701—7.36(421):

701—7.36(421) Tax return preparers.      7.36(1) Definitions.  For the purposes of this rule and for Iowa Code sections 421.62, 421.63, and 421.64, the following definitions apply:        "An enrolled agent enrolled to practice before the federal Internal Revenue Service (IRS) pursuant to 31 CFR §10.4" means an individual who has an active status as an enrolled agent under 31 CFR §10.4(a) or (d) and is not currently under suspension or disbarment from practice before the IRS. An enrolled agent does not include an enrolled retirement plan agent under 31 CFR §10.4(b) or a registered tax return preparer under 31 CFR §10.4(c).        "An individual admitted to practice law in this state or another state" means an individual who has an active license to practice law in this state or another state, is considered in good standing with the licensing authority of this or another state, and is currently authorized to engage in the practice of law.         "An individual licensed as a certified public accountant or a licensed public accountant under Iowa Code chapter 542 or a similar law of another state" means an individual who meets one of the following requirements:
  1. The individual has an active certified public accountant license under Iowa Code chapter 542 or a similar law of another state, is in good standing with the Iowa accountancy examining board or similar authority of another state, and is currently authorized to engage in the practice of public accounting as a certified public accountant.
  2. The individual has an active public accountant license under Iowa Code chapter 542 or a similar law of another state, is in good standing with the Iowa accountancy examining board or similar authority of another state, and is currently authorized to engage in the practice of public accounting.
        "Hour of continuing education" means a minimum of 50 minutes spent by a tax return preparer in actual attendance at or completion of an IRS-approved provider of continuing education course.        "New tax preparer" means an individual who qualifies as a “tax return preparer” under Iowa Code section 421.62 for the current tax year but would not have qualified as such during any prior calendar year. See paragraph 7.36(8)“a” for examples regarding who qualifies as a new tax preparer.        "Tax return or claim for refund" means any return or claim for refund under Iowa Code chapter 422, excluding withholding returns under Iowa Code section 422.16.        "Tax return preparer" means any individual who, for a fee or other consideration, prepares ten or more tax returns or claims for refund under Iowa Code chapter 422 during a calendar year, or who assumes final responsibility for completed work on such tax returns or claims for refund under Iowa Code chapter 422 on which preliminary work has been done by another individual. “Tax return preparer” does not include any of the following:
  1. An individual licensed as a certified public accountant or a licensed public accountant under Iowa Code chapter 542 or a similar law of another state.
  2. An individual admitted to practice law in this state or another state.
  3. An enrolled agent enrolled to practice before the federal IRS pursuant to 31 CFR §10.4.
  4. A fiduciary of an estate, trust, or individual, while functioning within the fiduciary’s legal duty and authority with respect to that individual or that estate or trust or its testator, trustor, grantor, or beneficiaries.
  5. An individual who prepares the tax returns of the individual’s employer, while functioning within the individual’s scope of employment with the employer.
  6. An individual employed by a local, state, or federal government agency, while functioning within the individual’s scope of employment with the government agency.
  7. An employee of a tax return preparer, if the employee provides only clerical or other comparable services and does not sign tax returns.
See paragraph 7.36(8)“a” for examples regarding who qualifies as a tax return preparer.
    7.36(2) Penalty for tax return preparer’s failure to include preparer tax identification number (PTIN) on tax returns or claims for refund.  On or after January 1, 2020, a tax return preparer who fails to include the tax return preparer’s PTIN on any tax return or claim for refund shall pay to the department a penalty of $50 for each violation, unless the tax return preparer shows that the failure was reasonable under the circumstances and not willful or reckless conduct. The maximum aggregate penalty imposed upon a tax return preparer pursuant to Iowa Code section 421.62 and this rule shall not exceed $25,000 during any calendar year. See paragraph 7.36(8)“c” for examples pertaining to the tax return preparer PTIN requirement.    7.36(3) Tax return preparer continuing education requirement.  Beginning January 1, 2020, and every year thereafter, a tax return preparer shall complete a minimum of 15 hours of continuing education courses each year. At least two hours of continuing education shall be on professional ethics, and the remaining hours shall pertain to federal or state income tax. Each course shall be taken from an IRS-approved provider of continuing education. If a course offered by an IRS-approved provider is primarily on state-specific income tax content, the course will qualify for the continuing education requirements under Iowa Code section 421.64 and this rule, even if such course does not count toward federal continuing professional education. Tax return preparers who complete more than the required 15 hours of continuing education in one calendar year may not count the excess hours toward a subsequent year’s requirement. See paragraph 7.36(8)“b” for examples pertaining to the tax return preparer continuing education requirement.    7.36(4) Preparation of tax returns or claims for refund.  An individual prepares a tax return or claim for refund when the individual signs (or should sign) a return, either because the individual completes the return or because the individual assumes final responsibility for preliminary work completed by other individuals.    7.36(5) Approved providers and courses.      a.    Approved providers of continuing education.Any IRS-approved provider of continuing education is acceptable. It is not mandatory that a continuing education course be taken from an Iowa provider.    b.    Approved continuing education course subject matters.All continuing education courses shall be on the topics of federal or state income tax or professional ethics.    c.    Approved continuing education format.Continuing education courses that satisfy the requirements of Iowa Code section 421.64 and this rule may be taken for credit in person, online, or by self-study, as long as they are administered by an IRS-approved provider of continuing education.    7.36(6) Reporting hours of continuing education and retaining records.      a.    Reporting hours of continuing education to the department.Tax return preparers shall report their continuing education hours to the department by February 15 of the calendar year following the year in which hours were completed to be eligible to prepare tax returns or claims for refund. Hours must be reported using IA Form 78-012. If a tax return preparer fails to complete the required minimum hours of continuing education by the date prescribed in this subrule, the individual must show that failure to do so was reasonable under the circumstances and not willful or reckless conduct. IRS-approved providers are not required to report continuing education courses to the department.    b.    Retaining records of continuing education.Tax return preparers are required to retain records of continuing education completion for a minimum of five years. This record retention shall include, but is not limited to, certificates of completion if offered by the IRS-approved provider of continuing education upon completion of a course.    7.36(7) Reinstatement of a tax return preparer.   When a tax return preparer fails to complete the minimum 15 hours of continuing education courses as required by Iowa Code section 421.64 and this rule but demonstrates that the failure was reasonable under the circumstances and not willful or reckless conduct, the department may require the tax return preparer to make up any uncompleted hours and submit a completed IA Form 78-012 to the department by a date set by the department before the tax return preparer may engage in activity as a tax return preparer.    7.36(8) Examples.      a.    Tax return preparer examples.    b.    Continuing education requirement examples.    c.    PTIN requirement examples.       This rule is intended to implement Iowa Code sections 421.62, 421.63, and 421.64.
ARC 4939CTransportation Department[761]Notice of Intended Action

Proposing rule making related to an update of contact information and providing an opportunity for public comment

    The Department of Transportation hereby proposes to amend Chapter 410, “Special Mobile Equipment,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 307.12.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 321.1.Purpose and Summary    The proposed amendment makes technical changes to update the bureau’s name and contact information. 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 March 17, 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: March 23, 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 action is proposed:

    ITEM 1.    Amend subrule 410.1(3) as follows:    410.1(3)   Questions regarding special mobile equipment may be directed by mail to the Office of Vehicle and Motor Carrier ServicesBureau, Iowa Department of Transportation, P.O. Box 10382, Des Moines, Iowa 50306-0382; in person at 6310 SE Convenience Blvd., Ankeny, Iowa; or by telephone at (515)237-3264(515)237-3268; or by email at omcs@iowadot.us.
ARC 4946CAgriculture and Land Stewardship Department[21]Adopted and Filed

Rule making related to dairy standards

    The Agriculture and Land Stewardship Department hereby amends Chapter 68, “Dairy,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 192.102 and 194.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 192 and 194.Purpose and Summary    The Food and Drug Administration, in cooperation with and with guidance from the National Conference of Interstate Milk Shippers (NCIMS), adopts new or updated language and clarifications to the Pasteurized Milk Ordinance (PMO) every two years. In 2015, NCIMS added the new Food Safety Modernization Act (FSMA) to the PMO, thus necessitating the Department’s adoption of the newer version to remain compliant with the Department’s 21 CFR 20.88 agreement with the Food and Drug Administration.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 1, 2020, as ARC 4838C. A public hearing was held on January 22, 2020, at 9 a.m. in the Second Floor Conference Room, Wallace State Office Building, Des Moines, Iowa. No one attended the public hearing. The Department received one comment during the comment period from the Iowa State Dairy Association (ISDA). ISDA 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 February 7, 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 April 1, 2020.    The following rule-making actions are adopted:

    ITEM 1.    Amend rule 21—68.1(192,194), definition of “P.M.O.,” as follows:        "P.M.O." means the Grade A Pasteurized Milk Ordinance, 20152019 Revisions, from the United States Public Health Service/Food and Drug Administration, a copy of which is on file with the department and is incorporated into this chapter by reference and made a part of this chapter.

    ITEM 2.    Amend subrules 68.13(1) and 68.13(2) as follows:    68 68.13 13(1) Certification.  A rating of 90 percent or more calculated according to the rating system as contained in Public Health Service “Methods of Making Sanitation Ratings of Milk Shippers,” 20152019 Revision, shall be necessary to receive or retain a Grade A certification under Iowa Code chapter 192. That publication is hereby incorporated into this rule by this reference and made a part thereof insofar as applicable, and a copy is on file with the department.    68 68.13 13(2) Documents.  The following publications of the Public Health Service of the Food and Drug Administration are hereby adopted. A copy of each is on file with the department:    1a.    “Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments,” 20152019 Revision.    2b.    “Standards for the Fabrication of Single Service Containers and Closures for Milk and Milk Products,” as incorporated in the P.M.O., Appendix J.    3c.    “Evaluation of Milk Laboratories,” 20152019 Revision.    [Filed 2/7/20, effective 4/1/20][Published 2/26/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/26/20.
ARC 4947CAgriculture and Land Stewardship Department[21]Adopted and Filed

Rule making related to adoption by reference of section of NIST Handbook

    The Agriculture and Land Stewardship Department hereby amends Chapter 85, “Weights and Measures,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 189.2 and 215.24.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 189 and 215.Purpose and Summary    This rule making is limited in scope to adoption by reference of the National Institute of Standards and Technology (NIST) Handbook 130, (2020), Part IV, Section G, 2.1.2, specifically that section and not the entire manual. The Environmental Protection Agency (EPA) issued an amended administrative rule making that withdrew the “vapor pressure” prohibition on the retail marketing of motor fuel containing 15 percent ethanol from June 1 through September 15 of a calendar year. While the EPA made the regulatory change, the NIST had not yet completed its process to alter the requirements in the NIST Handbook. The lag created a regulatory inconsistency between the EPA’s regulations and the Department’s administrative rules that incorporate by reference the NIST standard that contains the “vapor pressure” seasonal sales prohibition. The Department issued a waiver of the rule from June 1, 2019, to September 15, 2019, to address this discrepancy.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 1, 2020, as ARC 4844C. A public hearing was held on January 22, 2020, at 1 p.m. in the Second Floor Conference Room, Wallace State Office Building, Des Moines, Iowa. No one attended the public hearing. 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 7, 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 April 1, 2020.    The following rule-making action is adopted:

    ITEM 1.    Amend rule 21—85.39(189,215) as follows:

21—85.39(189,215) Weights and measures.      85.39(1)   The specifications, tolerances and regulations for commercial weighing and measuring devices, together with amendments thereto, as recommended by the National Institute of Standards and Technology and published in National Institute of Standards and Technology Handbook 44 amended or revised as of July 1, 2013, shall be the specifications, tolerances and regulations for commercial weighing and measuring devices in the state of Iowa, except as modified by state statutes, or by rules adopted and published by the Iowa department of agriculture and land stewardship and not rescinded.    85.39(2)   The National Institute of Standards and Technology (NIST) Handbooks 130 and 133: Weights and Measures Law, Packaging and Labeling, Method of Sale, Type Evaluation, Checking the Net Contents of Packaged Goods, and Uniform Engine Fuels and Automotive Lubricants Regulation, and all supplements, as published by the National Institute of Standards and Technology amended or revised as of July 1, 2013, are adopted in their entirety by reference except as modified by state statutes, or by rules adopted and published by the Iowa department of agriculture and land stewardship.    a.    The National Institute of Standards and Technology (NIST) Handbook 130, Part IV, Section G, Section 2. Standard Specifications, 2.1.2. Gasoline-Ethanol Blends, as of November 1, 2020, is adopted in its entirety by reference except as modified by state statutes, or by rules adopted and published by the Iowa department of agriculture and land stewardship.    b.    Reserved.       This rule is intended to implement Iowa Code sections 189.9, 189.13, 189.17, 215.14, 215.18 and 215.23.
    [Filed 2/7/20, effective 4/1/20][Published 2/26/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/26/20.
ARC 4948CDental Board[650]Adopted and Filed

Rule making related to dental assistant remediation requirements

    The Dental Board hereby amends Chapter 20, “Dental Assistants,” and Chapter 22, “Dental Assistant Radiography Qualification,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 147.76.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 153.39.Purpose and Summary    These amendments update examination requirements to better reflect the needs of applicants for dental assistant registration in the state of Iowa and to reduce barriers of entry to the job market. Current rules require prospective dental assistants who twice fail required examinations in the areas of jurisprudence, infection control and radiography to submit proof of formal education in the area of examination failure through a program approved by the Board or a school accredited by the Commission on Dental Accreditation. This remedial education is required before the applicant can test a third time. Remediation can be difficult for some dental assistant applicants to complete due to a lack of local options available or due to cost of the training.    The Board wants to be responsive to this issue by eliminating formal remediation requirements. Prospective dental assistants who fail the exam have the ability to review study materials issued by the Board, which provides the opportunity for self-remediation. Further, dental assistant trainees work under the personal supervision of a dentist, which provides safeguards to the public. Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 6, 2019, as ARC 4741C. One written comment was received. Lisa Swett, R.D.H., with Impact Dental Training, expressed concern and believes that formal remediation is beneficial and establishes a basic level of competency for those entering the profession. Ms. Swett believes that it is counterproductive to allow individuals to retest without formal remediation. Ms. Swett stated that Impact Dental Training would be happy to consider alternative platforms if access is a problem. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on January 24, 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, there is a positive impact on jobs, as the remediation requirement delays entry into the job market.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. 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 1, 2020.    The following rule-making actions are adopted:

    ITEM 1.    Amend rule 650—20.2(153), definition of “Public health supervision,” as follows:        "Public health supervision" means all of the following:
  1. The dentist authorizes and delegates the services provided by a registered dental assistant to a patient in a public health setting, with the exception that services may be rendered without the patient’s first being examined by a licensed dentist;
  2. The dentist is not required to provide future dental treatment to patients served under public health supervision;
  3. The dentist and the registered dental assistant have entered into a written supervision agreement that details the responsibilities of each licensee/registrant, as specified in subrule 20.16(2)20.15(2); and
  4. The registered dental assistant has an active Iowa registration and a minimum of one year of clinical practice experience.

    ITEM 2.    Amend subrule 20.5(2) as follows:    20.5(2) Dental assistant trainee.  Dental assistant trainees are all individuals who are engaging in on-the-job training to meet the requirements for registration and who are learning the necessary skills under the personal supervision of a licensed dentist. Trainees may also engage in on-the-job training in dental radiography pursuant to rule 650—22.3(136C,153).    a.    General requirements.The dental assistant trainee shall meet the following requirements:    (1)   Successfully complete a course of study and examination in the areas of infection control, hazardous materials, and jurisprudence. The course of study shall be prior approved by the board and sponsored by a board-approved postsecondary school.    (2)   If a trainee fails to become registered by the trainee status expiration date, the trainee must stop work as a dental assistant trainee. If the trainee has not yet met the requirements for registration, the trainee may reapply for trainee status but may not work until a new dental assistant trainee status certificate has been issued by the board.    b.    Trainee restart.    (1)   Reapplying for trainee status. A trainee may “start over” as a dental assistant trainee provided the trainee submits an application in compliance with subrule 20.6(1).    (2)   Examination scores valid for three years. A “repeat” trainee is not required to retake an examination (jurisprudence, infection control/hazardous materials, radiography) if the trainee has successfully passed the examination within three years of the date of application. If a trainee has failed two or more examinations, the trainee must satisfy the remedial education requirements in subrule 20.11(1). The trainee status application will not be approved until the trainee successfully completes any required remedial education.    (3)   New trainee status expiration date issued. If the repeat trainee application is approved, the board office will establish a new trainee status expiration date by which registration must be completed.    (4)   Maximum of two “start over” periods allowed. In addition to the initial 12-month trainee status period, a dental assistant is permitted up to two start over periods as a trainee. If a trainee seeks an additional start over period beyond two, the trainee shall submit a petition for rule waiver under 650—Chapter 7.    c.    Trainees enrolled in cooperative education or work study programs.The requirements stated in this subrule apply to all dental assistant trainees, including a person enrolled in a cooperative education or work-study program through an Iowa high school. In addition, a trainee under 18 years of age shall not participate in dental radiography.

    ITEM 3.    Rescind rule 650—20.11(153).

    ITEM 4.    Renumber rules 650—20.12(153) to 650—20.17(153) as 650—20.11(153) to 650—20.16(153).

    ITEM 5.    Amend rule 650—22.5(136C,153) as follows:

650—22.5(136C,153) Examination requirements.  An applicant for dental assistant radiography qualification shall successfully pass a board-approved examination in dental radiography.    22.5(1)   Examinations must be prior approved by the board and must be administered in a proctored setting. All board-approved examinations must have a minimum of 50 questions. The Dental Assisting National Board Radiation Health and Safety Examination is an approved examination.    22.5(2)   A score of 75 percent or better on a board-approved examination shall be considered successful completion of the examination. The board accepts the passing standard established by the Dental Assisting National Board for applicants who take the Dental Assisting National Board Radiation Health and Safety Examination.    22.5(3)   Information on taking a board-approved examination may be obtained by contacting the board office at 400 SW 8th Street, Suite D, Des Moines, Iowa 50309-4687.    22.5(4)   A dental assistant must meet such other requirements as may be imposed by the board’s approved dental assistant testing centers.    22.5(5)   A dental assistant who fails to successfully complete a board-approved examination after two attempts will be required to submit, prior to each subsequent examination attempt, proof of additional formal education in dental radiography in a program approved by the board or sponsored by a school accredited by the Commission on Dental Accreditation of the American Dental Association.
    [Filed 2/6/20, effective 4/1/20][Published 2/26/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/26/20.
ARC 4949CInsurance Division[191]Adopted and Filed

Rule making related to notice to suppliers of information

    The Insurance Division hereby amends Chapter 2, “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 22.11.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 22.11.Purpose and Summary    This rule making is part of the Division’s rule review process and expands recently adopted rule 191—2.10(17A,22). The subrules adopted in this rule making provide for the statutorily permitted notice to certain suppliers of information pursuant to Iowa Code section 22.11(1)“f.” Also, the subrules cover applicants; licensees; Division investigations and regulatory and administrative functions; and other legal processes. Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 1, 2020, as ARC 4840C. No public comments were received.     Subrule 2.10(6) has been modified to clarify the scope and purpose of the notice to suppliers of information.Adoption of Rule Making    This rule making was adopted by Douglas M. Ommen, Iowa Insurance Commissioner, on February 6, 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 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 will become effective on April 1, 2020.    The following rule-making action is adopted:

    ITEM 1.    Adopt the following new subrules 2.10(1) to 2.10(6):    .(1) Notice.  The notice shall generally be given at the first contact with the division and need not be repeated. Where appropriate, the notice may be given to a person’s legal or personal representative. Notice may be withheld in an emergency or when it would compromise the purpose of a department investigation.     .(2) License and examination applicants.  License and examination applicants are requested to supply a wide range of information depending on the qualifications for licensure or sitting for an examination, as provided by division statutes, rules and application forms. Failure to provide requested information may result in denial of the application. Some requested information, such as social security numbers, home addresses, examination scores, and criminal histories, is confidential under state or federal law, but most of the information contained in license or examination applications is treated as public information, freely available for public examination.    .(3) License renewal.  Licensees are requested to supply a wide range of information in connection with license renewal, including continuing education information, criminal history and disciplinary actions, as provided by division statutes, rules and application forms, both on paper and electronically. Failure to provide requested information may result in denial of the application. Most information contained on renewal applications is treated as public information freely available for public examination, but some information may be confidential under state or federal law.    .(4) Investigations.  Persons and entities regulated by the division are required to respond to division requests for information as part of the investigation of a complaint or inquiry. Failure to timely respond may result in disciplinary action against the person or entity to which the request is made. Information provided in response to such a request is confidential pursuant to Iowa Code, including but not limited to Iowa Code section 502.607(2), 505.8(8)“a,” 507E.5, or 523A.803, but may become public if introduced at a hearing which is open to the public, contained in a final order, or filed with a court of judicial review.    .(5) Discovery request, subpoenas, and investigations.  Notice need not be given in connection with discovery requests in litigation or administrative proceedings, subpoenas, investigations of possible violations of law or similar demands for information.    .(6) Other requested information.  In general, pursuant to state or federal law, the division requests information necessary for its regulation of insurance, securities, and regulated industries that is required to be provided to the division. This required information may be shared outside the division when required by state or federal law or division rules. Failure of a regulated entity or person to provide this information may result in the denial of the licensure or regulatory approval, as appropriate, for which the information was requested.    [Filed 2/6/20, effective 4/1/20][Published 2/26/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/26/20.
ARC 4950CProfessional Licensure Division[645]Adopted and Filed

Rule making related to child abuse and dependent adult abuse mandatory reporter training

    The Board of Chiropractic hereby amends Chapter 41, “Licensure of Chiropractic Physicians,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 232.69(3)“e,” 235B.16(5)“e,” and 272C.2.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 reporting for certain professionals. This rule making amends the Board’s requirements for mandatory training in child and dependent adult abuse reporting to reflect the statutory changes and requires that chiropractors who must report child and dependent adult abuse comply with the training requirements every three years, as provided in the amended Iowa Code sections 232.69 and 235B.16.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 6, 2019, as ARC 4742C. A public hearing was held on November 26, 2019, at 8 a.m. in the Fifth Floor Conference Room 526, Lucas State Office Building, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on January 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    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.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 1, 2020.    The following rule-making action is adopted:

    ITEM 1.    Amend subrule 41.8(4) as follows:    41.8(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 41.8(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 41.8(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 of condition(s) for waiver or this requirement as identified in paragraph 41.8(4)“e.”Training may be completed through separate courses as identified in paragraphs 41.8(4)“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 41.8(4)“a” to “c,”and “b,” 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 rule 645—4.14(272C).    f.    The board may select licensees for audit of compliance with the requirements in paragraphs 41.8(4)“a” to “e.”    [Filed 1/28/20, effective 4/1/20][Published 2/26/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/26/20.
ARC 4951CProfessional Licensure Division[645]Adopted and Filed

Rule making related to optometrists who prescribe controlled substances

    The Board of Optometry hereby amends Chapter 181, “Continuing Education for Optometrists,” Chapter 182, “Practice of Optometrists,” and Chapter 183, “Discipline for Optometrists,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 124.551A, 147.76 and 147.162.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 124.551A and 147.162.Purpose and Summary    These amendments address the requirements for an optometrist who prescribes a controlled substance, including continuing education requirements, and add discipline that may be imposed for prescribing a controlled substance in dosage amounts that exceed what would be prescribed by a reasonably prudent licensee.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 25, 2019, as ARC 4668C. A public hearing was held on October 15, 2019, at 10 a.m. in the Fifth Floor Conference Room 526, Lucas State Office Building, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on January 9, 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    A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Division of Professional Licensure are subject to the waiver provisions accorded under 645—Chapter 18.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on April 1, 2020.    The following rule-making actions are adopted:

    ITEM 1.    Amend paragraph 181.3(2)"c" as follows:    c.    Required continuing education hours. Licensees shall provide proof of continuing education inall of the following areas:    (1)   Current certification in CPR offered in person by the American Heart Association, the American Red Cross or an equivalent organization. At least two hours per biennium is required but credit will be granted for four hours; and.    (2)   Proof of currentCurrent CELMO certification. If the licensee does not have current proof of CELMO certification, then the following is required:
  1. A combined total of 40 hours required from COPE Category B (Ocular Disease and Management) and COPE Category C (Related Systemic Disease) with a minimum of 14 hours in each category; and
  2. Ten additional hours required from any of the COPE Categories of A (Clinical Optometry), B, C and D (Optometric Business Management). Hours obtained in Category D may not exceed 6 hours of the total continuing education hours' requirement.
    (3)   As a condition of license renewal, a minimum of one hour of continuing education per biennium regarding guidelines for prescribing opioids, including recommendations on limitations on dosages and the length of prescriptions, risk factors for abuse, and nonopioid and nonpharmacologic therapy options. Credit will be granted for up to two hours per biennium. These hours may count toward the continuing education hours required from COPE Category B (Ocular Disease and Management) or COPE Category C (Related Systemic Disease). The licensee shall maintain documentation of these hours, which may be subject to audit. If the continuing education did not cover the United States Centers for Disease Control and Prevention guideline for prescribing opioids for chronic pain, the licensee shall read the guideline prior to license renewal. “Opioid” means any drug that produces an agonist effect on opioid receptors and is indicated or used for the treatment of pain.

    ITEM 2.    Adopt the following new subrule 182.4(3):    182.4(3)   Prior to prescribing any controlled substance, an optometrist shall review the patient’s information contained in the prescription monitoring program database, unless the patient is receiving inpatient hospice care or long-term residential facility care.

    ITEM 3.    Adopt the following new subrule 183.2(31):    183.2(31)   Prescribing any controlled substance in dosage amounts that exceed what would be prescribed by a reasonably prudent licensee.    [Filed 2/5/20, effective 4/1/20][Published 2/26/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/26/20.
ARC 4952CProfessional Licensure Division[645]Adopted and Filed

Rule making related to child and dependent adult abuse mandatory reporter training

    The Board of Physician Assistants hereby amends Chapter 326, “Licensure of Physician Assistants,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 232.69(3)“e,” 235B.16(5)“e,” and 272C.2.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 reporting for certain professionals. This rule making amends the Board’s requirements for mandatory training in child and dependent adult abuse reporting to reflect the statutory changes and requires that physician assistants who must report child and 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. This rule making also updates subrule 326.9(4) to remove a reference to a rescinded rule provision.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 25, 2019, as ARC 4662C. A public hearing was held on October 15, 2019, at 8:30 a.m. in the Fifth Floor Conference Room 526, Lucas State Office Building, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on January 22, 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    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.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 1, 2020.    The following rule-making action is adopted:

    ITEM 1.    Amend subrule 326.9(4) as follows:    326.9(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 326.9(4)“e.”    b.    A licensee who, in the course of employment responsibilities, 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 326.9(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”326.9(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 328.    f.    The board may select licensees for audit of compliance with the requirements in paragraphs “a”326.9(4)“a” to “e.”    [Filed 1/28/20, effective 4/1/20][Published 2/26/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/26/20.
ARC 4953CProfessional Licensure Division[645]Adopted and Filed

Rule making related to electronic transmission of prescriptions

    The Iowa Board of Physician Assistants hereby amends Chapter 327, “Practice of Physician Assistants,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 147.76.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 124.308 and 155A.27.Purpose and Summary    Pursuant to Iowa Code sections 124.308 and 155A.27, beginning January 1, 2020, every prescription issued for a prescription drug shall be transmitted electronically as an electronic prescription to a pharmacy or a pharmacy’s agent unless exempted by statute. A practitioner who violates this mandate is subject to an administrative penalty of $250 per violation, up to a maximum of $5,000 per calendar year. The administrative penalty is assessed by the practitioner’s respective licensing board. Physician assistants in Iowa are prescribers subject to this electronic prescription mandate, and thus the Board may begin assessing administrative penalties against its licensees for violations of the electronic prescription mandate beginning January 1, 2020. This rule making incorporates the electronic prescription mandate within the Board’s existing rules governing prescription requirements.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 4768C. A public hearing was held on December 10, 2019, at 7:30 a.m. in the Fifth Floor Conference Room 526, Lucas State Office Building, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on January 22, 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    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.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 May 27, 2020.    The following rule-making action is adopted:

    ITEM 1.    Adopt the following new subrule 327.6(4):    327.6(4)   Beginning January 1, 2020, every prescription issued for a prescription drug shall be transmitted electronically unless exempted pursuant to Iowa Code section 124.308 or 155A.27. Beginning January 1, 2020, a licensee who fails to comply with the electronic prescription mandate may be subject to a nondisciplinary administrative penalty of $250 per violation, up to a maximum of $5,000 per calendar year.     [Filed 1/28/20, effective 5/27/20][Published 2/26/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/26/20.
ARC 4954CRacing and Gaming Commission[491]Adopted and Filed

Rule making related to racing and gaming

    The Racing and Gaming Commission hereby amends Chapter 5, “Track, Gambling Structure, and Excursion Gambling Boat Licensees’ Responsibilities,” Chapter 7, “Greyhound Racing,” Chapter 8, “Pari-Mutuel Wagering, Simulcasting and Advance Deposit Wagering,” Chapter 10, “Thoroughbred and Quarter Horse Racing,” Chapter 11, “Gambling Games,” and Chapter 12, “Accounting and Cash Control,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 99D.7 and 99F.4.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 99D and 99F.Purpose and Summary    Item 1 updates the manner of notification for incident reports.    Item 2 removes the reference to the surveillance department procedure manual that is replaced by a maintenance plan as described in the paragraph below summarizing Item 16.    Item 3 removes the prohibition on certain types of entries.    Item 4 clarifies the simulcast wagering transmission requirement.    Item 5 allows for certain types of stewards’ decisions to be appealed.    Item 6 allows for digitally stamped papers.    Items 7, 10, and 11 clarify other allowable horse identifiers.    Item 8 updates the clerk of scales reporting requirements.    Item 9 clarifies the record-keeping requirement related to equine infectious anemia (EIA) test results.    Item 12 allows for digital stamping of Iowa-foaled horse certificates.    Item 13 clarifies when a horse may be entered in a race after being claimed.    Item 14 clarifies racing silk requirements.    Item 15 allows for mechanical devices to accept more than one coin, chip or token with authorization.    Item 16 specifies what is included in a surveillance maintenance plan.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 18, 2019, as ARC 4822C. A public hearing was held on January 7, 2020, at 9 a.m. at the Commission Office, Suite 100, 1300 Des Moines Street, Des Moines, Iowa. No one attended the public hearing. 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 February 4, 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 Commission 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 1, 2020.    The following rule-making actions are adopted:

    ITEM 1.    Amend subrule 5.4(5) as follows:    5.4(5) Security force.      a.    Peace officer.Each licensee shall ensure that a person who is a certified peace officer is present as outlined in the facility’s security plan approved by the commission. A certified peace officer pursuant to this rule must be employed by a law enforcement agency and have police powers.    b.    Employ adequate security.Each licensee shall employ sufficient security to remove from the licensed premises a person violating a provision of Iowa Code chapter 99D or 99F, commission rules, or orders; any person deemed to be undesirable by racing and gaming commission officials; or any person engaging in a fraudulent practice. Security shall also be provided in and about the premises to secure restricted areas including, but not limited to, the barn area, kennel area, paddock, and racing animal drug testing area.    c.    Incident reports.The licensee shall be required to file a written report, within 72 hours, detailing any incident in which an employee or patron is detected violating a provision of Iowa Code chapter 99D or 99F, a commission rule or order, or internal controls; or is removed for reasons specified under paragraph 5.4(5)“b.” In addition to the written report, the licensee shall provide immediate notification to the commission and DCI representatives on duty or, if representatives are not on duty, provide notification on each office’s messaging systemin a manner previously agreed upon by the representatives if the incident involved employee theft, criminal activity, Iowa Code chapter 99D or 99F violations, or gaming receipts.    d.    Ejection or exclusion.A licensee may eject or exclude any person, licensed or unlicensed, from the premises or a part thereof of the licensee’s facility, solely of the licensee’s own volition and without any reason or excuse given, provided ejection or exclusion is not founded on constitutionally protected grounds such as race, creed, color, disability, or national origin.Reports of all ejections or exclusions for any reason, other than voluntary exclusions, shall be made promptly to the commission representative and DCI and shall state the circumstances. The name of the person must be reported when the person is ejected or excluded for more than one gaming day.The commission may exclude any person ejected by a licensee from any or all pari-mutuel facilities, gambling structures, or excursion gambling boats controlled by any licensee upon a finding that attendance of the person would be adverse to the public interest.

    ITEM 2.    Amend paragraphs 5.4(7)"d" and 5.4(7)"e" as follows:    d.    A surveillance department shall develop a standard operating procedure manual, which shall include surveillance system maintenance and emergency plans. This manual shall be made available for inspection by the commission and DCI.    e.    d.    A facility may include capabilities within the surveillance system for video recording of other areas of a facility and grounds, provided that commission and DCI access is unrestricted.

    ITEM 3.    Amend subrule 7.7(14) as follows:    7.7(14)   No trainer or owner shall have more than two greyhounds in any race except in stakes or sweepstakes races. No double entries shall be allowed until all single interests eligible for the performance are used and double entries shall be uncoupled for wagering purposes. Double entries shall be prohibited in all twin trifecta and tri-super races.

    ITEM 4.    Amend subrule 8.4(1) as follows:    8.4(1) General.      a.    Rules.All simulcasting must be transmitted live, and all wagering on simulcasting shall be made in accordance with the commission rules on pari-mutuel wagering. Commission rules in effect during live racing shall remain in effect during simulcasting where applicable.    b.    Transmission.The method used to transmit sales transaction and data including, but not limited to, the odds, will pay, race results, and payoff prices must be approved by the commission, based upon the determination that provisions to secure the system and transmission are satisfactory.If the method relies on Internet service to transmit, a backup Internet service shall be used in the event of transmission failure until all transactions are completed for the day.    c.    Communication.A communication system between the host track and the receiving facility must be provided which will allow the totalizator operator and the commission representatives at the host track to communicate with the facility receiving the signal. The facility is responsible during the racing program’s operating hours for reporting any problems or delays to the public.    d.    Approval.    (1)   All simulcasting, both interstate and intrastate, must be preapproved by the commission or commission representative. Each facility conducting simulcasting shall submit an annual written simulcast proposal to the commission with the application for license renewal required by 491—Chapter 1 .    (2)   The commission representative, upon written request, may grant modifications to the annual simulcast proposal. The commission representative may approve or disapprove simulcast requests at the representative’s discretion. Factors that may be considered include, but are not limited to, economic conditions of a facility, impact on other facilities, impact on the Iowa breeding industry, other gambling in the state, and any other considerations the commission representative deems appropriate.    (3)   Once simulcast authority has been granted by the commission or commission representative, it shall be the affirmative responsibility of the facility granted simulcast authority to obtain all necessary permission from other states and tracks to simulcast the pari-mutuel races. In addition, the burden of adhering to state and federal laws concerning simulcasting rests on the facility at all times.

    ITEM 5.    Amend subparagraph 10.4(4)"a" as follows:    (6)   General enforcement provisions. Stewards shall enforce the laws of Iowa and the rules of the commission. The laws of Iowa and the rules of racing apply equally during periods of racing. They supersede the conditions of a race and the regulations of a racing meet and, in matters pertaining to racing, the orders of the stewards supersede the orders of the officers of the facility. The decision of the stewards as to the extent of a disqualification of any horse in any race shall be final. A decision by the stewards regarding a disqualification of a horse due to a foul, interference, or a riding infraction may not be appealed.

    ITEM 6.    Amend subparagraph 10.4(5)"g" as follows:    (5)   Iowa-foaled horse allowance. Iowa-foaled horses that are properly registered and whose papers are stamped, physically or digitally, by the Iowa department of agriculture and land stewardship shall be allowed an additional three pounds beyond the stated conditions of the race if the race is not limited to Iowa-foaled horses. This allowance does not apply to stakes races.

    ITEM 7.    Amend subrule 10.4(7) as follows:    10.4(7) Horse identifier.  The horse identifier shall:    a.    When required, ensure the safekeeping of registration certificates and racing permits for horses stabled or racing on facility premises;    b.    Inspect documents of ownership, eligibility, registration, or breeding necessary to ensure the proper identification of each horse scheduled to compete at a race meeting;    c.    Examine every starter in the paddock for sex, color, markings, andmicrochip, lip tattoo, or digital tattoo for comparison with its registration certificate to verify the horse’s identity;    d.    Supervise the tattooing,digital tattooing, microchipping or branding for identification of any horse located on facility premises; and    e.    Report to the stewards any horse not properly identified or whose registration certificate is not in conformity with these rules.

    ITEM 8.    Amend subrule 10.4(13) as follows:    10.4(13) Clerk of scales.  The clerk of scales shall:    a.    Verify the presence of all jockeys in the jockey room at the appointed time;    b.    Verify that each jockey has a current jockey’s license issued by the commission;    c.    Verify the correct weight of each jockey at the time of weighing out and weighing in and report any discrepancies to the stewards immediately;    d.    Oversee the security of the jockey room including the conduct of the jockeys and their attendants;    e.    Record all required data on the scale sheet and submit that data to the horsemen’s bookkeeper at the end of each race day;    f.    Maintain the record of applicable winning races on all apprentice certificates at the meeting;    g.    Release apprentice jockey certificates, upon the jockey’s departure or upon the conclusion of the race meet; and    h.    Assume the duties of the jockey room custodian in the absence of such employee.; and    i.    Promptly report to the stewards any infraction of the rules with respect to riding equipment, safety equipment, riding crops, or conduct.

    ITEM 9.    Amend subparagraph 10.5(1)"a" as follows:    (12)   Having each horse in the trainer’s care that is racing or stabled on facility premises tested for equine infectious anemia (EIA) in accordance with state law and for filing evidence of such negative test results with the racing secretary. The test must have been conducted within the previous 12 months and must be repeated upon expiration. The certificate must be attached to the foal certificateor otherwise accessible by the commission or racing association.

    ITEM 10.    Amend subparagraph 10.6(1)"a" as follows:    (2)   A horse has been knowingly entered or raced in any jurisdiction under a different name, with an altered registration certificate,altered microchip, or altered lipor digital tattoo by a person having lawful custody or control of the horse for the purpose of deceiving any facility or regulatory agency.

    ITEM 11.    Amend paragraph 10.6(1)"b" as follows:    b.    A horse is ineligible to start a race when:    (1)   The horse is not stabled on the premises of the facility by the time designated by the stewards.    (2)   The horse’s breed registration certificate is not on file, physically or digitally, with the racing secretary, or horse identifier, except where the racing secretary has submitted the certificate to the breed registry for correction or transfer of ownership. The stewards may, in their discretion, waive the requirement provided the registration certificate is in the possession of another board of stewards, a copy of the registration certificate is on file with the racing secretary, and the horse is otherwise properly identified. For claiming races, if the claimed horse has been approved by the stewards to run without the registration certificate on file in the racing office, then the registration certificate must be provided to the racing office within seven business days for transfer to the new owner before claiming funds will be approved for transfer by the stewards.    (3)   The horse is not fully identified by an official tattoo on the inside of the upper lipor digital tattoo or microchip.    (4)   A horse is brought to the paddock and is not in the care of and saddled by a currently licensed trainer or assistant trainer unless excused by the stewards.    (5)   No current negative Coggins test or current negative equine infectious anemia test certificate is attached to the horse’s registration certificateor otherwise accessible by the commission or racing association.    (6)   The stakes or entrance money for the horse has not been paid.    (7)   The horse appears on the starter’s list, stewards’ list, paddock list, or veterinarian’s list.    (8)   The horse is a first-time starter not approved by the starter and does not have a minimum of two published workouts.    (9)   Within the past calendar year, the horse has started in a race that has not been reported in a nationally published monthly chartbook, unless, at least 48 hours prior to entry, the owner of the horse provides to the racing secretary performance records which show the place and date of the race, distance, weight carried, amount carried, and the horse’s finishing position and time.    (10)   In a stakes race, a horse has been transferred with its engagements, unless prior to the start, the fact of transfer of the horse and its engagements has been filed with the racing secretary.    (11)   A horse is subject to a lien which has not been approved by the stewards and filed with the horsemen’s bookkeeper.    (12)   A horse is subject to a lease not filed with the stewards.    (13)   A horse is not in sound racing condition.    (14)   A horse has been blocked with alcohol or injected with any other foreign substance or drug to desensitize the nerves of the leg.    (15)   A horse appears on the veterinarian’s list as a “bleeder.”

    ITEM 12.    Amend subrule 10.6(2) as follows:    10.6(2)   Entries.    a.    The facility shall provide forms for making entries and declarations with the racing secretary. Entries and declarations shall be in writing, or by telephone or fax subsequently confirmed in writing by the owner, trainer, or licensed designee. When any entrant or nominator claims failure or error in the receipt by a facility of any entry or declaration, the entrant or nominator may be required to submit evidence within a reasonable time of the filing of the entry or the declaration. Individuals who hold a jockey agent license, regardless of other licenses held, shall not be permitted to make entries after a time set by the stewards.    b.    Upon the closing of entries the racing secretary shall promptly compile a list of entries and cause it to be conspicuously posted.    c.    Coupling. There will be no coupled entries in any race. In races, excluding stakes races, that overfill, trainers must declare preference of runners with identical ownership at time of entry. Same-owner, second-choice horses will be least preferred. A trainer or owner may not enter more than three horses in a race unless the race is split or divided.    d.    Split or divided races.    (1)   In the event a race is canceled or declared off, the facility may split any overnight race for which post positions have not been drawn.    (2)   Where an overnight race is split, forming two or more separate races, the racing secretary shall give notice of not less than 15 minutes before such races are closed to grant time for making additional entries to such split race.    (3)   A trainer shall be allowed to enter more than the maximum number of entries allowed under paragraph 10.6(2)“c” if the entries are declared at time of entry as “split entry only” and preference is given by the trainer for the trainer’s first three entries.    (4)   The racing secretary shall split an overnight race so that common ownership, identical ownership, or common trainer will divide as equally as possible between two or more races.    e.    Entry weight. Owners, trainers, or any other duly authorized person who enters a horse for a race shall ensure that the entry is correct and accurate as to the weight allowances available and claimed for the horse under the conditions set for the race. After a horse is entered and has been assigned a weight to carry in the race, the assignment of weight shall not be changed except in the case of error and with the approval of the stewards. Weight allowances may be waived with the approval of the stewards.    f.    Consecutive days. No horse shall be run on twotwice within five consecutive calendar days.    g.    Foreign entries. For the purposes of determining eligibility, weight assignments, or allowances for horses imported from a foreign nation, the racing secretary shall take into account the “Pattern Race Book” published jointly by the Irish Turf Club, The Jockey Club of Great Britain, and the Société d’Encouragement.    h.    Weight conversions. For the purpose of determining eligibility, weight assignments, or allowances for horses imported from a foreign nation, the racing secretary shall convert metric distances to English measures by reference to the following scale:1 sixteenth = 100 meters1 furlong = 200 meters1 mile = 1600 meters    i.    Name. The “name” of a horse means the name reflected on the certificate of registration, racing permit, or temporary racing permit issued by the breed registry. Imported horses shall have a suffix, enclosed by brackets, added to their registered names showing the country of foaling. This suffix is derived from the international code of suffixes and constitutes part of the horse’s registered name. The registered names and suffixes, where applicable, shall be printed in the official program.    j.    Bona fide entry. No person shall enter or attempt to enter a horse for a race unless that entry is a bona fide entry, made with the intention that the horse is to compete in the race for which the horse was entered.    k.    Registration certificate to reflect correct ownership. Every breed registry foal certificate filedphysically or digitally with the racing secretary to establish the eligibility of a horse to be entered for any race shall accurately reflect the correct and true ownership of the horse. The name of the owner that is printed on the official program for the horse shall conform to the ownership as declared on the certificate of registration or eligibility certificate unless a stable name has been registered with the commission for the owner or ownership.    l.    Naming/engaging of riders. Riders must be named at the time of entry. If, at the conclusion of the draw of a race, a trainer does not have a rider, all riders who are available shall be made known to the trainer at that time via telephone or in person by the stewards or their designee. A trainer who does not name a rider prior to the conclusion of the draw of a race, and reasonable attempts have been employed to contact the trainer with no response, shall have an available rider engaged at the facility placed on the horse, determination of which shall be drawn by lot. Riders properly engaged as a first or second call in a race must fulfill their engagements as required in paragraph 10.5(2)“l.”    m.    More than one race. No horse may be entered in more than one race, with the exception of stakes races, to be run on the same day on which pari-mutuel wagering is conducted.    n.    Iowa-foaled horse. An Iowa-foaled horse shall not be entered in a race limited to Iowa-foaled horses unless the horse is registered with and the papers areeither physically or digitally stamped by the department of agriculture and land stewardship. An Iowa-foaled horse would be allowed to run in an open race without the stamp, but would be ineligible for Iowa-bred supplement, Iowa-bred breeders awards and Iowa-bred breeders supplement.

    ITEM 13.    Amend subparagraph 10.6(18)"f" as follows:    (2)   Eligibility price. A horse that is declared the official winner in the race in which it is claimed may not start in a race in which the claiming price is less than the amount for which it was claimed. After the first start back or 30 days, whichever occurs first, a horse may start for any claiming price. A horse which is not the official winner in the race in which it is claimed may start for any claiming price. This provision shall not apply to starter handicaps in which the weight to be carried is assigned by the handicapperor for starter allowances. No right, title, or interest for any claimed horse shall be sold or transferred except in a claiming race for a period of 30 days following the date of claiming. The day claimed shall not count, but the following calendar day shall be the first day.

    ITEM 14.    Amend subrule 10.6(11) as follows:    10.6(11)   Racing numbersand silks.    a.    Number display.Each horse in a race shall carry a conspicuous saddle cloth number corresponding to the official number given that horse on the official program.    b.    Field horses.In a combined field of horses, each horse in the field shall carry a separate number.    c.    Racing silks. Racing silks shall be turned in to the racing office or jockey room custodian upon arrival to the facility.    (1)   All horses running in a race are required to race in an owner’s silk or trainer’s silk.    (2)   In the case of a partnership, the horse shall run with a managing partner’s silk or a trainer’s silk if no partnership silk is available.    (3)   Under special circumstances, a horse may be permitted by the stewards to run in a house silk.

    ITEM 15.    Amend paragraph 11.5(5)"b" as follows:    b.    Devices shall accept no more than one coin, token or chip per play, unless otherwise authorized by the administrator.

    ITEM 16.    Amend subrule 12.3(1) as follows:    12.3(1)   Each facility shall submit a description of internal controls to the commission. The submission shall be made at least 90 days before gaming operations are to commence unless otherwise directed by the administrator. The submission shall include and provide for the following:    a.    Administrative control that includes, but is not limited to, the plan of organization and the procedures and records that are concerned with the decision processes leading to management’s levels of authorization of transactions.    b.    Accounting control that includes the plan of organization and the procedures and records that are concerned with the safeguarding of assets and the reliability of financial records. The accounting control shall be designed to provide reasonable assurance that:    (1)   Transactions are executed in accordance with management’s general and specific authorization, which shall be consistent with the requirements of this chapter.    (2)   Transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles and to maintain accountability for assets.    (3)   Access to assets is permitted only in accordance with management authorization, which shall be consistent with the requirements of this chapter.    (4)   The recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.    c.    Competent personnel with integrity and an understanding of prescribed internal controls.    d.    The segregation of incompatible functions so that no employee is in a position to perpetrate and conceal errors or irregularities in the normal course of the employee’s duties.    e.    Surveillance internal controls that include:    (1)   Surveillance departments that shall be operated in an autonomous fashion, as separate and distinct entities from all other departments. A gaming facility’s organizational structure shall place the director of the surveillance department directly under the span of control and authority of the operator’s board of directors or appropriate parent company executive where practical. Under no circumstances will the director of surveillance report to or take direction from any authority at a level below the general manager.    (2)   Administration of the network for the purpose of utilizing and transmitting live or recorded views or images of a video surveillance system for asset protection, loss prevention, investigation of tort/liability claims, game protection, employee oversight, resolution of patron disputes, corporate governance, management analysis, or other use consistent with a licensee’s statutory responsibilities as approved by the administrator.    (3)   A system maintenance plan that includes management of:    1.   Installations, changes, movements, and malfunctions;    2.   A log of available and completed system upgrades, updates, and patches, including descriptions;    3.   Universal power supply (UPS) capability, live video and recording redundancies;    4.   Electrical outages, emergency evacuation, providing alternative coverage of dedicated areas for DCI approval; and    5.   Job descriptions and training of employees responsible for system maintenance, and any external maintenance agreements.    f.    Game control, including but not limited to procedures for the storage, removal and record of implements of gambling. The gaming control shall be designed to document:    (1)   Access to implements of gambling not in use.    (2)   Method for removal of implements of gambling from an active gambling game.    (3)   Procedures governing the record of total inventory of implements of gambling, documenting both additions to and removal from storage and active use.    g.    Preverified card control, for use with cards approved pursuant to 491—subrule 11.7(9). Controls shall be designed to document:    (1)   The procedure governing inspection of the packaging when the cards are put into use on a live table game, including verification of the tamper-evident seal and review of the manufacturer-generated receipt for relevant details.    (2)   The procedure for employee breaking of the tamper-evident seal to sign the receipt with name, time the package is being placed in use, and specific table where the package is being used.    (3)   The procedure and period to retain the receipt and the details of use. The period of retention must correspond with records maintained by the manufacturer of the cards in accordance with the process submitted pursuant to 491—paragraph 11.7(9)“b.”    (4)   Any additional procedures that will be used to verify or randomize preverified cards prior to play.    [Filed 2/4/20, effective 4/1/20][Published 2/26/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/26/20.
ARC 4955CRevenue Department[701]Adopted and Filed

Rule making related to global intangible low tax income and apportionment of investment income

    The Revenue Department hereby amends Chapter 54, “Allocation and Apportionment,” and Chapter 59, “Determination of Net Income,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 422.68.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 422.33 and 422.63.Purpose and Summary    Recent federal tax reform legislation, Public Law 115-97, commonly referred to as the Tax Cuts and Jobs Act (TCJA), created a new category of income, Global Intangible Low Tax Income (GILTI), which must be included in a taxpayer’s U.S. income. Beginning in tax year 2019, Iowa also requires taxpayers to include federal GILTI, after subtracting allowable federal deductions, if any, in the taxpayer’s Iowa net income. Where a business engages in its trade or business partly within and partly outside of Iowa, Iowa income taxes are imposed only on that portion of the business’s income reasonably attributable to its activities within Iowa. The amount of business income reasonably attributable to Iowa is determined using formulas provided either in the Iowa Code or in administrative rules adopted by the Department. Because GILTI represents a new category of income, it does not fit neatly into any of the existing categories of income for which the Iowa Code and rules provide methods of apportionment. Therefore, the Department is adopting these amendments to provide a formula for apportioning GILTI within and without Iowa.    In addition to providing an apportionment formula for GILTI, the amendments include some cleanup of rule 701—54.2(422), the existing rule for the apportionment of investment income. Subrule 54.2(2) was superseded by subrule 54.2(3) in 1995, but subrule 54.2(2) remains in rule 701—54.2(422) today. These amendments strike the superseded text of subrule 54.2(2) and replace it with reorganized and expanded information about when investment income must, or may by election, be included in the Iowa apportionment factor and about when and how the election may be made or changed.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 1, 2020, as ARC 4843C.     The Department received a total of four comments. All commenters stated their opposition to the proposed rule making. However, all commenters’ arguments focused heavily on whether GILTI should be included in the tax base at all, rather than on the apportionment method prescribed in the rule making. All commenters appeared to agree that current statutory language does require that GILTI be included in the Iowa tax base. Some commenters asserted that the statute should not be enforced because it may be subject to constitutional challenge. Others argued that the current statute could be interpreted differently to allow a larger deduction for GILTI, or simply that the Legislature should amend the statute to exclude more or all of GILTI. While the Department respects these arguments, it cannot stand in the place of either the Legislature or a court and must enforce the law as written.    Two commenters requested that the Department use a different apportionment method for GILTI from the one provided in the Notice. Both requested that the Department adopt what is commonly referred to as “full factor” apportionment. The Department considered using a “full factor” apportionment method, both before drafting the original Notice and after receiving the comments. The comments provided no new information that would change the Department’s position. The apportionment method prescribed in the Notice and adopted herein is more consistent with other states’ treatment of this income, and as one commenter noted, the “full factor” apportionment method the commenters requested would be “very complex, if not impossible” to administer.    No substantive changes from the Notice have been made. A typographical error in subparagraph 54.2(3)“f”(4) has been corrected.Adoption of Rule Making    This rule making was adopted by the Department on February 5, 2020.Fiscal Impact    This rule making has no fiscal impact beyond that of the legislation it is intended to implement. The income affected by this rule making is included in Iowa income as a result of 2018 Iowa Acts, Senate File 2417. The fiscal impact statement for Senate File 2417 did not specifically address the fiscal impact of these items of income, but did include them in the overall impact of the legislation. In 2019, the Department performed a fiscal analysis for legislation that would have effectively removed most of the income covered by this rule from Iowa income tax. The Department can provide a copy of that analysis upon request. 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 701—7.28(17A).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 1, 2020.    The following rule-making actions are adopted:

    ITEM 1.    Amend rule 701—54.2(422) as follows:

701—54.2(422) Allocation or apportionment of investment income.      54.2(1) Investment business income.  The classification of investment income by the labels customarily given them, such as interest, dividends, rents, and royalties, is of no aid in determining whether that income is business or nonbusiness income. Interest, dividends, rents, and royalties, and other investment income shall be apportioned as business income to the extent the income was earned as a part of a corporation’s unitary business, a portion of which is conducted in Iowa. Mobil Oil Corp. v. Commissioner of Taxes, 455 U.S. 425 (1980); ASARCO, Inc. v. Idaho State Tax Commission, 458 U.S. 307, 73 L.Ed.2d 787, 102 S.Ct. 3103 (1982); F. W. Woolworth Co. v. Taxation and Revenue Dept., 458 U.S. 354, 73 L.Ed.2d 819, 102 S.Ct. 3128 (1982); Container Corporation of America v. Franchise Tax Board, 463 U.S. 159,77 L.Ed.2d 545, 103 S.Ct. 2933 (1983). Whether investment income is part of a corporation’s unitary business income depends upon the facts and circumstances in the particular situation. The burden of proof is upon the taxpayer to show that the treatment of investment income on the return as filed is proper. There is a rebuttable presumption that an affiliated group of corporations in the same line of business have a unitary relationship, although that is not the only element used in determining unitariness.    54.2(2) Inclusion in the apportionment factor.      a.    Income which must be included.All investment business income described in subrule 54.2(3), including capital gains or losses, shall be included in the computation of the denominator of the business activity formula if the income is derived from intangible property that has become an integral part of some business activity occurring regularly in or outside of Iowa. See 701—subrule 52.1(4).    b.    Income included by election.All other investment business income, including capital gains or losses, described in subrule 54.2(3) may at the taxpayer’s election be included in the computation of the denominator of the business activity formula provided, however, that a taxpayer cannot elect to exclude or include investment business income where the election would result in an understatement of net income reasonably attributable to Iowa. A taxpayer cannot elect to include some investment business income in and exclude other investment business income from the business activity formula. The election applies to all investment business income of the taxpayer subject to the election.    (1)   Written election. If the taxpayer has investment income which is deemed to be business income under the provisions of this rule, a written election shall be made with the taxpayer’s income tax return in the first year in which the taxpayer has such income. The election must state whether the taxpayer wishes to include or exclude investment income which is deemed to be business income under the provisions of this rule in the computation of the business activity formula. The election shall be signed by a duly authorized officer of the corporation. The election is binding on all future tax years unless the taxpayer is granted permission by the department to change the election. If the taxpayer fails to make a written election, the fact that investment business income was or was not included in the computation of the business activity formula shall be deemed to be the taxpayer’s election for all future tax years.    (2)   Changing the election. If a taxpayer wishes to change the taxpayer’s election to include or exclude investment business income in the taxpayer’s Iowa apportionment factor, the taxpayer must request the department’s permission to change the election not less than 90 days prior to the due date of the return for the tax year in which the taxpayer wishes the change to take effect. Permission to make a change in this election shall only be granted if the department determines that the change will more accurately reflect the net income reasonably attributable to Iowa. All business income, including capital gains or losses, may at the taxpayer’s election be included in the computation of the denominator of the business activity formula provided, however, that a taxpayer cannot elect to exclude or include business investment income where the election would result in an understatement of net income reasonably attributable to Iowa.For a tax year which begins on or after January 1, 1984, if the taxpayer has investment income which is deemed to be business income under the provisions of this rule, a written election shall be made. The election must state whether the taxpayer wishes to include or exclude investment income which is deemed to be business income under the provisions of this rule in the computation of the business activity formula. The election shall be signed by a duly authorized officer of the corporation. The election is binding on all future tax years unless the taxpayer is granted permission by the director to change the election. If the taxpayer fails to make a written election, the fact that investment income was or was not included in the computation of the business activity formula shall be deemed to be the taxpayer’s election for all future tax years.If the taxpayer makes an election to include investment income deemed to be business income in the computation of the denominator of the business activity ratio, the computation of the business activity ratio is as follows:    a.    Interest income from accounts receivable. Accounts receivable interest income is included in the numerator of the business activity formula if the taxpayer receives accounts receivable interest income from customers located in Iowa. Accounts receivable interest income which cannot be segregated by geographical source shall be included in the numerator of the business activity ratio applying the same ratio as gross receipts within Iowa bear to total gross receipts.    b.    Interest income other than accounts receivable. All other interest income determined to be business income, except nontaxable interest income, shall be included in the numerator of the business activity formula if the taxpayer’s commercial domicile is in Iowa.    c.    Dividend income. All dividend income (net of special deductions) determined to be business income shall be included in the numerator of the business activity formula if the taxpayer’s commercial domicile is in Iowa.    d.    Rental income. All rental income determined to be business income shall be included in the numerator of the business activity formula to the extent that property is utilized in Iowa or in its entirety if the taxpayer’s commercial domicile is in Iowa and the taxpayer is not taxable in the state in which the property is utilized. The extent of utilization of tangible personal property in a state is determined by multiplying the rent by a fraction, the numerator of which is the number of days of physical location of the property in the state during the rental period in the taxable year and the denominator of which is the number of days of physical location of the property everywhere during all rental periods in the taxable year. If the physical location of the property during the rental period is unknown or not ascertainable by the taxpayer, tangible personal property is utilized in the state in which the property was located at the time the rental payer obtained possession.    e.    Royalty income. All royalty income from intangible personal property determined to be business income shall be included in the numerator of the business activity formula if the taxpayer’s commercial domicile is in Iowa. All royalty income from tangible personal property or real property determined to be business income shall be included in the numerator of the business activity formula if the situs of the tangible personal property or real property is within Iowa.    f.    Gain or loss from the sale, exchange, or other disposition of real or tangible or intangible personal property, if the property while owned by the taxpayer was used in the taxpayer’s trade or business, shall be apportioned by the business activity ratio applicable to the return for the year the gain or loss is included in taxable income and shall be included in the computation of the business activity ratio as follows:    (1)   Gain or loss from the sale, exchange, or other disposition of real property shall be included in the numerator if the property is located in this state.    (2)   Gain or loss from the sale, exchange, or other disposition of tangible personal property shall be included in the numerator if:The property has a situs in this state at the time of sale; orThe taxpayer’s commercial domicile is in this state and the taxpayer is not taxable in the state in which the property had a situs.    (3)   Gains or loss from the sale, exchange, or other disposition of intangible personal property shall be included in the numerator if the taxpayer’s commercial domicile is in this state.    (4)   All gains or loss shall be included in the denominator of the activity ratio.Noninclusive examples of gains or loss from the sale, exchange or other disposition of real or tangible or intangible property which may not be included in the computation of the business activity ratio because to do so would result in an understatement of net income reasonably attributable to Iowa are the gain recognized under an election pursuant to Section 338 of the Internal Revenue Code or gain recognized under Section 631(a) of the Internal Revenue Code.    g.    Other miscellaneous income. All other miscellaneous income determined to be business income shall be included in the computation of the business activity formula to the extent such income items do not represent a recapture of expense.    h.    Income which is not subject to Iowa tax shall not be included in the computation of the business activity ratio.Subrules 54.2(1) and 54.2(2) are effective for tax years beginning on or after January 1, 1983.    54.2(3) Apportionment method by category of investment income.  For tax years beginning on or after January 1, 1995, all investment income that is business income, including capital gains or losses, shall be included in the computation of the denominator of the business activity formula if the investment income is derived from intangible property that has become an integral part of some business activity occurring regularly in or outside of Iowa. See subrule 52.1(4). All other investment business income, including capital gains or losses, may at the taxpayer’s election be included in the computation of the denominator of the business activity formula provided, however, that a taxpayer cannot elect to exclude or include investment business income where the election could result in an understatement of net income reasonably attributable to Iowa. A taxpayer cannot elect to include some investment business income in and exclude other investment business income from the business activity formula. The election applies to all investment income of the taxpayer subject to the election.For a tax year which begins on or after January 1, 1995, if the taxpayer has investment income subject to an election under the provisions of this rule, a written election shall be made. The election must state whether the taxpayer wishes to include or exclude investment income which is deemed to be business income subject to election under the provisions of this rule in the computation of the business activity formula. The election shall be signed by a duly authorized officer of the corporation. The election is binding on all future tax years unless the taxpayer is granted permission by the director to change the election. If the taxpayer fails to make a written election, the fact that investment income was or was not included in the computation of the business activity formula shall be deemed to be the taxpayer’s election for future years.The computation of the business activity formula associated with investmentbusiness income is as follows where the investmentbusiness income is required to be included in the business activity formula or where an election for inclusion has been made:    a.    Interest income from accounts receivable.If an inclusion election is made, accounts receivable interest income is included in the numerator of the business activity formula if the taxpayer receives accounts receivable interest income from customers located in Iowa. Accounts receivable interest income which cannot be segregated by geographical source shall be included in the numerator of the business activity ratio applying the same ratio as gross receipts within Iowa bear to total gross receipts.    b.    Interest income other than accounts receivable.All other interest income determined to be business income, except nontaxable interest income, shall be included in the numerator of the business activity formula to the extent that the interest-bearing asset is an integral part of some business activity occurring regularly in Iowa. If the interest-bearing asset is not an integral part of some business activity occurring regularly in or outside of Iowa and if an election of inclusion is made, the interest therefrom (except nontaxable interest income) shall be included in the numerator of the business activity formula if the taxpayer’s commercial domicile is in Iowa.    c.    Dividend income.All dividend income (net of special deductions) determined to be business income shall be included in the numerator of the business activity formula to the extent that the dividend asset is an integral part of some business activity occurring regularly in Iowa. If the dividend asset is not an integral part of some business activity occurring regularly in or outside of Iowa and if an election of inclusion is made, the dividends shall be included in the numerator of the business activity formula if the taxpayer’s commercial domicile is in Iowa.    d.    Rental income.If an inclusion election is made, all rental income determined to be business income shall be included in the numerator of the business activity formula to the extent that property is utilized in Iowa or in its entirety if the taxpayer’s commercial domicile is in Iowa and the taxpayer is not taxable in the state in which the property is utilized. The extent of utilization of tangible personal property in a state is determined by multiplying the rent by a fraction, the numerator of which is the number of days of physical location of the property in the state during the rental period in the taxable year and the denominator of which is the number of days of physical location of the property everywhere during all rental periods in the taxable year. If the physical location of the property during the rental period is unknown or not ascertainable by the taxpayer, tangible personal property is utilized in the state in which the property was located at the time the rental payer obtained possession.    e.    Royalty income and licensing fees.All royalty income and licensing fees from intangible personal property determined to be business income shall be included in the numerator of the business activity formula to the extent that the royalty or licensing asset is an integral part of some business activity occurring regularly in Iowa. If the royalty or licensing asset is not an integral part of some business activity occurring regularly in or outside of Iowa and if an election of inclusion is made, the royalties or licensing fees shall be included in the numerator of the business activity formula if the taxpayer’s commercial domicile is in Iowa.If an inclusion election is made, all royalty income from tangible personal property or real property determined to be business income shall be included in the numerator of the business activity formula if the situs of the tangible personal property or real property is within Iowa.    f.    Gains or losses.Gain or loss from the sale, exchange, or other disposition of real or tangible or intangible personal property, if the property while owned by the taxpayer was operationally related to the taxpayer’s trade or business carried on in Iowa, shall be apportioned by the business activity ratio applicable to the return for the year the gain or loss is included in taxable income and shall be included in the computation of the business activity ratio as follows:    (1)   Gain or loss from the sale, exchange, or other disposition of real property shall be included in the numerator if the property is located in this state and if an election of inclusion has been made.    (2)   Gain or loss from the sale, exchange, or other disposition of tangible personal property shall be included in the numerator if an election of inclusion has been made and if the property has a situs in this state at the time of sale, or the taxpayer’s commercial domicile is in this state and the taxpayer is not taxable in the state in which the property had a situs.    (3)   Gain or loss from the sale, exchange, or other disposition of intangible personal property shall be included in the numerator of the business activity formula to the extent that the intangible personal property is an integral part of some business activity occurring regularly in Iowa in the tax year that gain or loss is recognized. If the intangible personal property is not an integral part of some business activity occurring regularly in or outside of Iowa in the tax year that gain or loss is recognized and if an election of inclusion has been made, the gain or loss shall be included in the numerator if the taxpayer’s commercial domicile is in this state.    (4)   All gain or loss shall be included in the denominator of the business activity ratio if an election of inclusion has been made or if the gain or loss is required to be included in the business activity ratio.NoninclusiveNonexclusive examples of gains or losses from the sale, exchange, or other disposition of real or tangible or intangible property, which may not be included in the computation of the business activity ratio, because to do so would result in an understatement of net income reasonably attributable to Iowa and would include, are the gain recognized under an election pursuant to Section 338 of the Internal Revenue Code and the gain recognized under Section 631(a) of the Internal Revenue Code.    g.    Other miscellaneous income.All other miscellaneous income determined to be business income which is not subject to an election or which is the subject of a proper election of inclusion shall be included in the computation of the business activity formula to the extent such income items do not represent a recapture of expense. The miscellaneous income shall be included in the numerator of the business activity formula if the income is from an Iowa source.    h.    Other investment income.All other investment income shall be included in the numerator of the business activity formula to the extent that the intangible personal property which produced that income is an integral part of some business activity occurring regularly in Iowa. If the intangible personal property is not part of some business activity occurring regularly in or outside of Iowa and if an election of inclusion has been made, the other investment income shall be included in the numerator if the taxpayer’s commercial domicile is in this state.    i.    Global intangible low tax income (GILTI).The net amount of global intangible low tax income (net GILTI) shall be included in the numerator of the business activity formula to the extent that the income arises from the taxpayer’s ownership of controlled foreign corporation(s) (CFCs) that are an integral part of some business activity occurring regularly in Iowa.    (1)   If no portion of the net GILTI is part of some business activity occurring regularly in or outside of Iowa and if an election of inclusion has been made, the net GILTI shall be included in the numerator if the taxpayer’s commercial domicile is in this state.    (2)   If net GILTI is either required to be included in the Iowa apportionment factor or included by election, the amount included in the denominator shall be the taxpayer’s entire net GILTI.    (3)   “Net GILTI” means the amount of global intangible low tax income as defined in Internal Revenue Code (IRC) Section 951A, less the deduction allowed under IRC Section 250(a)(1)(B) (if any).    i.    j.    Activity ratio.Income which is not subject to Iowa tax shall not be included in the computation of the business activity ratio.    54.2(4)   Grossed-up foreign income. For purposes of administration of the Iowa corporation income tax law, gross-up (Section 78 of the Internal Revenue Code) shall be considered to be nonbusiness income, irrespective of the fact that the income creating the gross-up may be business income, and shall be allocated to the situs of the income payor.       This rule is intended to implement Iowa Code Supplement sections 422.32(2) and 422.33(1).

    ITEM 2.    Adopt the following new paragraph 59.28(2)"p":    p.    The net amount of global intangible low tax income (net GILTI) shall be included in the numerator of the business activity formula to the extent that the income arises from the taxpayer’s ownership of controlled foreign corporation(s) (CFCs) that are an integral part of some business activity occurring regularly in Iowa.     (1)   If no portion of the net GILTI is part of some business activity occurring regularly in or outside of Iowa but the income is determined to be business income, the net GILTI shall be included in the numerator if the taxpayer’s commercial domicile is in this state.    (2)   Where net GILTI is included in the Iowa apportionment factor, the amount included in the denominator shall be the taxpayer’s entire net GILTI.    (3)   “Net GILTI” means the amount of global intangible low tax income as defined in Internal Revenue Code (IRC) Section 951A, less the deduction allowed under IRC Section 250(a)(1)(B) (if any).    [Filed 2/5/20, effective 4/1/20][Published 2/26/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/26/20.
ARC 4956CSoil Conservation and Water Quality Division[27]Adopted and Filed

Rule making related to quorum of state soil conservation and water quality committee

    The Soil Conservation and Water Quality Division hereby amends Chapter 2, “Operation of State Soil Conservation and Water Quality Committee,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 161A.4.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 161A.Purpose and Summary    This rule making is intended to fix a discrepancy between the quorum requirement in the Iowa Administrative Code and that required by the Iowa Code.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 1, 2020, as ARC 4839C. A public hearing was held on January 22, 2020, at 10 a.m. in the Wallace State Office Building, Second Floor Conference Room, 502 East 9th Street, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Division on February 7, 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 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 1, 2020.    The following rule-making action is adopted:

    ITEM 1.    Amend subrule 2.6(1) as follows:    2.6(1)  Quorum.  Two-thirdsA majority of thevoting members of the committee constitutes a quorum.    [Filed 2/7/20, effective 4/1/20][Published 2/26/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/26/20.
ARC 4957CUtilities Division[199]Adopted and Filed

Rule making related to intrastate gas pipelines and underground storage

    The Utilities Board hereby amends Chapter 10, “Intrastate Gas and Underground Gas Storage,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 474.5 and 479.17.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 479.17.Purpose and Summary    The adopted amendments update the Board’s rules that establish filing requirements and procedures and requirements for notice to landowners and other affected persons, construction, and hearing of petitions for natural gas pipeline and underground storage permits.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 19, 2019, as ARC 4506C. An oral presentation was held on August 1, 2019, at 1 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 Association of Municipal Utilities, the Iowa Farm Bureau Federation, MidAmerican Energy Company, Interstate Power and Light Company, and Black Hills Energy. The comments addressed the identification of persons with legal interests in property over which the pipeline would be located, requirements for informational meetings, requirements for petitions for permits, requirements for amendments to permits, and criteria for determining if a pipeline is a distribution pipeline or a transmission pipeline.    The written comments addressed the same issues that were discussed at the oral presentation.    The Board issued an order adopting amendments on January 28, 2020. The order is available on the Board’s electronic filing system, efs.iowa.gov, under Docket No. RMU-2016-0004.    The Board made several revisions to the amendments based upon comments. The Board modified the definition of “affected person” to address comments. The Board clarified notice requirements for informational meetings and made several other clarifying revisions.Adoption of Rule Making    This rule making was adopted by the Board on January 28, 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 Board for a waiver of the discretionary provisions, if any, pursuant to rule 199—1.3(17A,474,476).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 1, 2020.    The following rule-making actions are adopted:

    ITEM 1.    Amend 199—Chapter 10, title, as follows:INTRASTATE GASPIPELINES AND UNDERGROUND GAS STORAGE

    ITEM 2.    Amend rule 199—10.1(479) as follows:

199—10.1(479) General information.      10.1(1) AuthorityPurpose and authority.  The purpose of this chapter is to implement the requirements in Iowa Code chapter 479 and to establish procedures and filing requirements for a permit to construct, maintain, and operate an intrastate gas pipeline, for an amendment to an existing permit, and for renewal of an existing permit. This chapter also implements the requirements in Iowa Code chapter 479 for permits for underground storage of natural gas.The standardsrules relating to intrastate gaspipelines and underground gas storage in this chapter are prescribedadopted by the Iowa utilities board (board) pursuant to Iowa Code section 479.17.The rules in this chapter do not apply to interstate pipe, pipes, or pipelines used in the transportation or transmission of natural gas or hazardous liquids.    10.1(2) PurposeWhen a permit is required.  The purpose of this chapter is to establish standards for a petition for a permit to construct, maintain, and operate an intrastate gas pipeline and for the underground storage of gas. In addition, the rules in this chapter set forth safety standards for the construction, maintenance, and condition of pipelines, underground storage facilities, and equipment used in connection with pipelines and facilities.A pipeline permit shall be required for any pipeline which will operate at a pressure in excess of 150 pounds per square inch gauge (psig) or which, regardless of operating pressure, is a transmission line as defined in ASME B31.8 or 49 CFR 192.3. Using the factors set out in rule 199—10.14(479), the board shall determine whether a pipeline is a transmission line and requires a permit.    10.1(3) Definitions.  Technical terms not defined in this chapter shall be as defined in the appropriate standard adopted in rule 199—10.12(479). For the administration and interpretation of this chapter, the following words and terms, when used in these rules, shall have thefollowing meanings indicated below:        "Affected person" means any person with a recorded legal right or recorded interest in the property, including but not limited to a contract purchaser of record, a tenant occupying the property under a recorded lease, a record lienholder, and a record encumbrancer of the property. The term also includes persons in possession of or residing on the property and persons with unrecorded interests in the property that have been identified through a good-faith effort of the pipeline company.        "Amendment of permit" means that changes to the pipeline permit or pipeline require the filing of a petition to amend an existing pipeline permit as described in rule 199—10.9(479).        "Approximate right angle" means within 5 degrees of a 90 degree angle.        "Board" means the utilities board within the utilities division of the department of commerce.        "County inspector" means a professional engineer licensed under Iowa Code chapter 542B who is familiar with agricultural and environmental inspection requirements and has been employed by a county board of supervisors to do an on-site inspection of a proposed pipeline for compliance with 199—Chapter 9 and Iowa Code chapter 479.        "Multiple line crossing" means a point at which a proposed pipeline will either overcross or undercrosscross over or under an existing pipeline.        "Negotiating" means contact between a pipeline company and a person with authority to negotiate an easement that involves the location, damages, compensation, or other matter that is prohibited by Iowa Code section 479.5(5). Contact for purposes of obtaining addresses and other contact information from a landowner or tenant is not considered negotiation.        "Permit" means a new, amended, or renewal permit issued after appropriate application to and determination by the board.        "Person" means an individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.        "Pipeline" means any pipe, pipes, or pipelines used for the intrastate transportation or transmission of any solid, liquid, or gaseous substance, except water.        "Pipeline company" means any person, firm, copartnership, association, corporation, or syndicate engaged in or organized for the purpose of owning, operating, or controlling pipelines for the intrastate transportation or transmission of any solid, liquid, or gaseous substance, except water.        "Renewal permit" means the extension and reissuance of a permit after appropriate application to and determination by the board.        "Underground storage" means storage ofnatural gas in a subsurface stratum or formation of the earth.    10.1(4) Railroad crossings.  Where these rules call for the consent or other showing of right from a railroad for a railroad crossing, an affidavit filed by a petitioner which states that proper application for approval of railroad crossing has been made, that a one-time crossing fee has been paid as provided for in rule 199—42.3(476), and that 35 days have passed since mailing of the application and payment with no claim of special circumstance or objection from the railroad will be accepted as a showing of consent for the crossing.

    ITEM 3.    Renumber rules 199—10.2(479) and 199—10.3(479) as 199—10.3(479) and 199—10.2(479).

    ITEM 4.    Amend renumbered rule 199—10.2(479) as follows:

199—10.2(479) Informational meetings.  Informational meetings shall be held for any proposed pipeline project over five milesor more in length, including both the current project and future anticipated extensions, and which is to be operated at a pressure of overin excess of 150 pounds per square inch. A separate informational meeting shall be held in each county in which real property orproperty rights therein would be affected.     10.2(1) Time frame for holding meeting.  Informational meetings shall be held not less than 30 days nor more than two years prior to the filing of the petition for pipeline permit and shall comply with the following:.    10.(1) 10.2(2) Facilities.  Prospective petitioners for a permitA pipeline company shall be responsible for all negotiations and compensation for a suitable facility to be used for each informational meeting, including but not limited to a building or facility which is in substantial compliance with theany applicable requirements of the Americans with Disabilities Act Accessibility Guidelines, Chapter 4Standards for Accessible Design, including both the Title III regulations at 28 CFR Part 36, Subpart D, and the 2004 Americans with Disabilities Act Accessibility Guidelines at 36 CFR Part 1191, Appendices B and D (as amended through April 1, 2020), where such a building or facility is reasonably available.    10.(2) 10.2(3) Location.  The informational meeting location shall be reasonably accessible to all persons, companies or corporations whichwho may be affected by the granting of a permitor who have an interest in the proposed pipeline.    10.2(3) Route deviation.  Prospective petitioners desiring a route corridor to permit minor route deviations beyond the proposed permanent right of way width shall include as affected all parties within the desired corridor. Prospective petitioners may also provide notice to affected parties on alternative route corridors.    10.2(4) Board approval.  A pipeline company proposing to schedule an informational meeting shall file a request to schedule the informational meeting and shall include a proposed time and date for the informational meeting, an alternate time and date, and a description of the proposed project and route. The pipeline company shall be notified within ten days of the filing of the request whether the request is approved or alternate times and dates are required. Once a date and time for the informational meeting have been approved, the pipeline company shall file the location of the informational meeting and a copy of the pipeline company’s presentation with the board.    10.(4) 10.2(5) Notices.  Announcement by mailed and published notice of theeach informational meeting shall be given to affected parties of interest in real estate. Affected parties of interest in real estate are those persons, companies or corporations listed on the tax assessment roles as responsible for payment of real estate taxes and partiespersons as listed on the tax assessment rolls as responsible for payment of real estate taxes imposed on the property and those persons in possession of or residing on the property over which the prospective petitioner willin the corridor in which the pipeline company intends to seek easements.    a.    The notice shall set forth theinclude the following:    (1)   Thename of the applicantpipeline company; the applicant’s    (2)   The pipeline company’sprincipal place of business; the    (3)   Thegeneral description and purpose of the proposed project; the    (4)   Thegeneral nature of the right-of-way desired; the    (5)   Thepossibility that the right-of-way may be acquired by condemnation if approved by the board; a    (6)   Amap showing the route of the proposed project; a    (7)   Adescription of the process used by the board in making a decision on whether to approve a permit, including the right to take property by eminent domain; that    (8)   Thatthe landowner hasand any other affected person have a right to be present at suchthe meeting and to file objections with the board; and designation    (9)   Designationof the time, date and place of the meeting; and contain the    (10)   A copy of the statement of damage claims as required by paragraph 10.3(3)“b”; and    (11)   Thefollowing statement: Persons with disabilities requiring assistive services or devices to observe or participate should contact the Utilities Board at (515)725-7300 in advance of the scheduled date to request that appropriate arrangements be madeaccommodations. Mailed notices shall also include a copy of the statement of damage claims as required by 10.2(3)“b.”    b.    The prospective petitionerpipeline company shall cause a written copy of the meeting notice to be served, by certified United States mail with return receipt requested, on all affected partiespersons as listed on the tax assessment rolls as responsible for payment of real estate taxes imposed on the property and persons in possession of or residing on the property whose address isaddresses are known. The certified meeting notice shall be deposited in the U.S. mailsUnited States mail not less than 30 days prior to the date of the meeting.    c.    The prospective petitionerpipeline company shall cause the meeting notice, including the map, to be published once in a newspaper of general circulation in theeach countywhere the pipeline is proposed to be located at least one week and not more than three weeks prior to the date of the meeting. Publication shall be considered as notice to affected partiespersons listed on the tax assessment rolls as responsible for paying the real estate taxes imposed on the property whose residence isaddresses are not known, provided a good-faith effort to notifyobtain the addresses can be demonstrated by the pipeline company.The maps used in the published notice shall clearly delineate the pipeline route.    d.    The pipeline company shall file an affidavit that describes the good-faith effort the pipeline company undertook to locate the addresses of all affected persons. The affidavit shall be signed by an attorney representing the pipeline company.    10.(5) 10.2(6) Personnel.  The prospective petitionerpipeline company shall provide qualified personnel to speak for it in matters relating topresent the followinginformation at the informational meeting:    a.    Service requirements and planning which have resulted in the proposed project.    b.    When the pipeline will be constructed.    c.    In general terms, the elements involved in pipeline construction.    d.    In general terms, the rights which the prospective petitionerpipeline company will seek to acquire through easements.    e.    Procedures to be followed in contactingthe affected partiespersons for specific negotiations in acquiring voluntary easements.    f.    Methods and factors used in arriving at an offered price for voluntary easements, including the range of cash amount for each component.    g.    Manner in which voluntary easement payments are made, including discussion of conditional easements, signing fees and time of payment.    h.    Other factors or damages not included in the easement for which compensation is made, including features of interest to affected partiespersons but not limited to computation of amounts and manner of payment.    10.2(6) Coordinating with board.  The date, time, and location of the informational meeting shall be selected after consultation with the board to allow for scheduling of presiding officers.    10.2(7) Notice to county board of supervisors.  The pipeline company shall send notice of the request for an informational meeting to the county board of supervisors in each county where the pipeline is proposed to be located. The pipeline company shall request from the board of supervisors the name of the county inspector, a professional engineer who shall conduct the on-site inspection required in Iowa Code section 479.29(2). The pipeline company shall provide the name and contact information of the county inspector to the landowners and other affected persons at the meeting, if known.        This rule is intended to implement Iowa Code section 479.5.

    ITEM 5.    Amend renumbered rule 199—10.3(479) as follows:

199—10.3(479) Petition for permit.      10.3(1)   A petition for a permit shall be made tofiled with the board upon the form prescribed and shall include all required exhibits. The petition shall be considered as filed upon receipt at the office of the boardwith the board on the date accepted by the board’s electronic filing system as provided for in 199—Chapter 14. An original and two copies of the petition and exhibits shall be filed, unless the petition and exhibits are filed electronically pursuant to the board’s electronic filing rules at 199—Chapter 14.The petition shall be attested to by an officer, official or attorney with authority to represent the pipeline company. Required exhibits shall be in the following form:    a.    Exhibit A.A legal description showing, ata minimum, the:    (1)   The beginning and ending points of the proposed pipeline.    (2)   Thegeneral direction of the proposed route through each quarter section of land to be crossed, including township and range and whether.    (3)   Whether the proposed pipeline will be locatedon private or public property, public highway or railroad right-of-way, together with such other.    (4)   Other pertinentinformation as may be deemed pertinent. Construction deviation of 660 feet (one-eighth mile) from proposed routing will be permitted.    (5)   When the route is in or adjacent to the right-of-way of a named road or a railroad, the exhibit shall specifically identify the road or railroad by name.If it becomes apparent that there will be deviation of greater than 660 feet (one-eighth mile) in some area from the proposed route as filed with the board, construction of the line in that area shall be suspended. Exhibits A, B, E, and F reflecting the deviation shall be filed, and the procedures hereinafter set forth to be followed upon the filing of a petition for permit shall be followed.    b.    Exhibit B.Maps showing the proposed routing of the pipeline. Strip maps will be acceptable. Two copies of such maps shall be filed. The maps may be to any scale appropriate for the level of detail to be shown, but not smaller than one inch to the mile, and shall be legible when printed on paper no larger than 11 × 17 inches. Maps based on satellite imagery are preferred. A map of the entire route, if the route is located in more than one county or there is more than one map for a county, shall be filed in this exhibit on paper no larger than 11 × 17 inches without regard to scale. The following minimum information shall be providedon the maps:    (1)   The route of the pipeline which is the subject of the petition, including the starting and ending points, and when paralleling a road or railroad, which side it is on. Multiple pipelines on the same right-of-way shall be indicated, and the distance between paralleling pipelines shall be shown.    (2)   The name of the county, county andlines, section lines, and sectionnumbers, townshipnumbers, and range numbers.    (3)   The location and identity ofadjacent or crossed public roads, railroads, majornamed streams or bodies of water, and other pertinent natural or man-made features influencing the route.    (4)   The name and corporate limits of cities, and the name and boundaries of any public lands or parks.    (5)   Other pipelines and the identity of the owner.    (6)   Any buildings or places of public assembly within the potential impact radius of the transmission pipeline as defined in 49 CFR 192.903.    c.    Exhibit C.A showing on forms prescribed by this board of engineering specifications covering the engineering features, materials and manner of construction of the proposed pipeline, its approximate length, diameter and the name and location of each railroad and primary highway and the number of secondary highways to be crossed, if any, and such other information as may be deemed pertinenton forms prescribed by the board, which are located on the board’s website.In addition, the maximum and normal operating pressure of the proposed pipeline shall be provided.    d.    Exhibit D.Satisfactory attested proof of solvency and financial ability to pay damages in the sum of $250,000 or more; or surety bond satisfactory to thisthe board in the penal sum of $250,000 with surety approved by thisthe board, conditioned that the petitionerpipeline company will pay any and all damages legally recovered against it growing out of theconstruction and operation of its pipeline or gas storage facilities in the state of Iowa; security satisfactory to thisthe board as a guarantee for the payment of damages in the sum of $250,000; or satisfactory proofs that thepipeline company has property subject to execution within this state, other than pipelines, of a value in excess of $250,000.The board may require additional surety or insurance policies to ensure the payment of damages growing out of the construction and operation of a transmission pipeline that will be constructed in more than one county.    e.    Exhibit E.    (1)   Consent or other showing of rightdocumentation of appropriate public highway authorities, or railroad companies, where the pipeline will be placed longitudinally on, over or under, or at other than an approximate right angle to railroad tracks or highway, when such consent is obtained prior to filing of the petition,and hearing shall be filed with the petition.    (2)   If the exact and specific route is uncertainany consent is not obtained at the time ofthe petitionis filed,the pipeline company shall file a statement shall be made by petitioner thatit will obtain allnecessary consents orfile other showingdocumentation ofthe right will be obtainedto commence construction prior tocommencement of construction and copies filed with this boardof the pipeline.A pipeline company may request board approval to begin construction on a segment of a pipeline prior to obtaining all necessary consents for construction of the entire pipeline.    (3)   Whether there are permits that will be required from other state agencies for construction of the pipeline and, if so, a description of the permit required and whether the permit has been obtained.    f.    Exhibit F.This exhibit shall contain the following:    (1)   A statement of the purpose of the project and a description of how the services rendered by the pipeline will promote the public convenience and necessity.    (2)   A general statement covering each of the following topics: the
  1. Thenature of the lands, waters, and public or private facilities to be crossed; the
  1. Thepossible use of alternative routes; the
  1. Therelationship of the proposed pipeline to present and future land use and zoning ordinances; and the
  1. Theinconvenience or undue injury which may result to property owners as a result of the proposed project.
    (3)   For an existing pipeline, the year of original construction and a description of any amendments or reportable changes since the permit or latest renewal permit was issued.
    g.    Exhibit G.If informational meetings were required, an affidavit that such meetings were held in each county affected by the proposed project and the time and place of each meeting. Copies of the mailed notice letter, the corridor map, and the published notice(s) of the informational meeting shall be attached to the affidavit.    h.    Exhibit H.This exhibit is required only if the petition requests the right of eminent domain. The extent of the eminent domain request may be uncertain at the time the petition is filed. However, this exhibit must be in final form before a hearing is scheduled. It shall consist of a map of the route showing the location of each property for which the right of eminent domain is sought and for each such property:    (1)   The legal description of the property.    (2)   The legal description of the desired easement.    (3)   A specific description of the easement rights being sought.    (4)   The names and addresses of the owners of record and parties in possession of the propertyall affected persons based upon a title search conducted for the property over which eminent domain is requested.    (5)   A map drawn to an appropriate scale showing the boundaries of the property, the boundaries and dimensions of the proposed easement, the location of pipelines or pipeline facilities within the proposed easement, the location of and distance to any building within 300 feet of the proposed pipeline, and any other features pertinent to the location of the linepipeline to the rights being sought.    (6)   An overview map showing the location of the property over which eminent domain is requested filed with the property identified as required in 199—paragraph 9.2(1)“e.”    i.    Exhibit I.If pipeline construction on agricultural land as defined in 199—subrule 9.1(3) is proposed, a land restoration plan shall be prepared and filed as provided in rule 199—9.2(479,479A,479B).The name and contact information of each county inspector designated by county boards of supervisors pursuant to Iowa Code section 479.29(2) shall be included in the land restoration plan, if known.    j.    Underground storage.If permission is sought to construct, maintain and operate facilities for underground storage of gas, the petition shall include the following information, in addition to that stated above:    (1)   A description of the public or private highways, grounds and waters, streams and private lands of any kind under which the storage is proposed, together with a map.    (2)   Maps showing the location of proposed machinery, appliances, fixtures, wells, and stations necessary for the construction, maintenance, and operation of the facilities.    k.    Other exhibitsExhibit K.The pipeline company shall file additional information as follows:    (1)   An affidavit affirming that the company undertook a review of land records to determine all affected persons for all parcels over which the pipeline is proposed to be located before easements were signed or eminent domain requested.    (2)   Whether any private easements will be required for the proposed pipeline and, if a private easement is anticipated to be required, when the easement negotiations will be completed and whether all affected persons associated with the property have been notified.    (3)   Whether there are any agreements or additional facilities that need to be constructed to receive natural gas.    (4)   Projected date when construction of the pipeline will begin.    (5)   Whether the pipeline will have pressure-relieving or pressure-limiting devices that meet the requirements of 49 CFR 192.199 and 192.201.    l.    Other exhibits.The board may require filing of additional exhibits if further information on a particular project is deemed necessary.
    10.3(2)   Construction on an existing easement.    a.    Petitions proposing new pipeline construction on an existing easement where thepipeline company has previously constructed a pipeline shall include a statement indicating whether any unresolved damage claims remain from the previous pipeline construction, and if so shall provide the name of each landowner or tenant, a legal description of the property involved, and the status of proceedings to settle the claim.    b.    A petition for permit proposing a new pipeline construction on an existing easement where thepipeline company has previously constructed a pipeline willshall not be acted upon by the board if a damage claim from the installation of itsthe previous pipeline has not been determinedresolved by negotiation, arbitration, or court action. This paragraph will not applyThe board may take action on the petition if the damage claim is under litigation or arbitration.    10.3(3)   Statement of damage claims.    a.    A petition for permit proposing new pipeline construction willshall not be acted upon by the board if thepipeline company does not have on file with the board a written statementin compliance with Iowa Code chapter 479 as to how damages resulting from the construction of the pipeline shall be determined and paid.    b.    The statement shall contain the following information: the type of damages which will be compensated for, how the amount of damages will be determined, the procedures by which disputes may be resolved, and the manner of payment, and the procedures that the affected person is required to follow to obtain a determination of damages by a county compensation commission.    c.    The statement shall be amended as necessary to reflect changes in the law, company policy, or the needs of a specific project.    b.    d.    A copy of this statement shall be mailed with the notice of informational meeting as provided for in Iowa Code section 479.5. Where no informational meeting is required, a copy shall be provided to each affected partyperson prior to entering into negotiations for payment of damages.    c.    e.    Nothing in this rule shall prevent a partyperson from negotiating with thepipeline company for terms which are different, more specific, or in addition to the statement filed with the board.    10.3(4)   Negotiation of easements. The pipeline company is not prohibited from responding to inquiries concerning existing or future easements or from requesting and collecting tenant and affected person information, provided that the pipeline company is not “negotiating” as defined in subrule 10.1(3).       This rule is intended to implement Iowa Code sections 479.5, 479.17, 479.26, 479.42, and 479.43.

    ITEM 6.    Amend rule 199—10.4(479) as follows:

199—10.4(479) Notice of hearing.      10.4(1)   When a proper petition for permit is received byfiled with the board, it shall be docketed for hearing and the petitioner shall be advised of the time and place of hearing, except as provided for in rule 199—10.8(479)the petition shall be reviewed by board staff for compliance with applicable laws and regulations.Once board staff has completed the review and filed a report regarding the proposed pipeline and petition, the petition shall be set for hearing. This subrule does not apply to renewal petitions filed pursuant to rule 199—10.8(479) that do not require a hearing.    10.4(2)   PetitionerThe pipeline company shall also be furnished copies of the official notice of hearing, which petitionerthe pipeline company shall cause to be published once each week for two consecutive weeks in a newspaper of general circulation in each county in or through which construction is proposed. The second publication shall be not less than 10 nor more than 30 days prior to the date of the hearing. Proof of such publication shall be filed prior to or at the hearing.    10.4(3)   The published notice shall include a map showing either the pipeline route or the area affected by underground gas storage, or a telephone number and an address through which interested persons canmay obtain a copy of a map from petitionerthe pipeline company at no charge. If a map other than that filed as Exhibit B will be published or provided, a copy shall be filed with the petition.    10.(2) 10.4(4)   If a petition for permit seeks the right of eminent domain, petitionerthe pipeline company shall, in addition to the published notice of hearing, serve a copy of the notice of hearing toon the owners and parties in possession of landslandowners and any affected person with interest in the property over which eminent domain is sought. A copy of the Exhibit H filed with the board for the affected property shall accompany the notice. Service shall be by certified United States mail, return receipt requested, addressed to theirthe person’s last known address, and this notice shall be mailed notno later than the first day of publication of the official notice of hearing on the petition. Not less than five days prior to the date of the hearing, the petitioner shall file with the board a certificate of service showing allpersons and addresses to which notice was sent by certified mail and the date of the mailing, and an affidavit that all affected persons as defined in subrule 10.1(3) were served.    10.(3) 10.4(5)   If a petition does not seek the right of eminent domain, but all required interests in private property have not yet been obtainedat the time the petition is filed, a copy of the notice of hearing shall be served upon the owners and parties in possession of those landsany affected person as defined in subrule 10.1(3). Service shall be by ordinary mail, addressed to the last known address, mailed notno later than the first day of publication of the official notice. A copy of each letter of notification, or one copy of the letter accompanied by a written statement listing all partiespersons to which itthe notice was mailed,and the date of mailing, and an affidavit that all affected persons were served, shall be filed with the board not less than five days prior to the hearing.

    ITEM 7.    Amend rule 199—10.5(479) as follows:

199—10.5(479) Objections.  All whose rights or interests may be affected by the object of a petition may file written objection thereto. Such written objectionAny person whose rights or interests may be affected by a proposed pipeline or underground storage facility may file a written objection with the board. Written objections shall be filed with the secretary of this board not less than five days prior tothe date of hearing. ThisThe board may, for good cause shown, permit filing of objections less than five days prior to hearing, but in such event petitionerthe pipeline company shall be granted a reasonable time to meet such objectionsrespond to a late-filed objection.

    ITEM 8.    Amend rule 199—10.6(479) as follows:

199—10.6(479) Hearing.  Hearing shall beA petition for a pipeline permit or amendment to a pipeline permit shall be scheduled for hearing not less than 10 ornor more than 30 days from the date of last publication ofthe notice of hearing.Petitioner shall be represented by one or more duly authorized representatives or counsel or both. This board may examine the proposed route of the pipeline or location of the underground storage facilities which are the object of the petition or may cause examination to be made on its behalf by an engineer of its selection. One or more members of this board or a duly appointed administrative law judge shall consider the petition and any objections filed thereto and may hear testimony deemed appropriate. One or more petitions may be considered at the same hearing. Petitions may be consolidated. Hearing shall be held in the office of this board or at any other place within the state of Iowa as this board may designate. Any hearing permitted by these rules in which there are no objections, interventions or material issues in dispute may be conducted by telephonic means. Notice of the telephonic hearings shall be given to parties within a reasonable time prior to the date of hearing.    10.6(1)   Representation of a pipeline company at a pipeline permit hearing shall comply with the requirements of 199—subrule 7.4(8).    10.6(2)   The board or presiding officer may schedule a prehearing conference to consider a procedural schedule for the petition and a hearing date.     10.6(3)   One or more petitions may be consolidated for hearing.     10.6(4)   Hearings shall be scheduled and held in the office of the board or at any other place within the state of Iowa as the board may designate pursuant to Iowa Code section 479.8. Requests for conducting a hearing or taking testimony by telephone or electronic means may be approved by the board or presiding officer.    10.6(5)   The hearing requirements in this rule also apply to petitions for underground storage permits or amendments to underground storage permits.

    ITEM 9.    Amend rule 199—10.7(479) as follows:

199—10.7(479) Pipeline permit.  If after hearing and appropriate findings of fact it is determined a permit should be granted, a pipeline permit shall be issued. Otherwise the petition shall be dismissed with or without prejudice. Where proposed construction has not been established definitely, the permit will be issued on the route or location as set forth in the petition, subject to deviation of up to 660 feet (one-eighth mile) on either side of the proposed route. If the proposed construction is not completed within two years from the date of issue, subject to extension at the discretion of the board, the permit shall be void and of no further force or effect. Upon completion of the proposed construction, maps accurately showing the final routing of the pipeline shall be filed with the board.A pipeline permit shall normally expire 25 years from date of issue. No permit shall ever be granted for a longer period than 25 years.    10.7(1)   A pipeline permit shall be issued once an order granting the permit is final and all the compliance requirements have been met. A pipeline company may request board approval to delay obtaining consent to cross railroad right-of-way until after the pipeline permit is issued.    10.7(2)   The issuance of the permit authorizes construction on the route or location as approved by the board, subject to deviation within the permanent route easement right-of-way. If a deviation outside of the permanent route easement right-of-way becomes necessary, construction of the pipeline in that location shall be suspended and the pipeline company shall follow the procedures for filing of a petition for amendment of a permit, except that the pipeline company need only file Exhibits A, B, E, and F reflecting the proposed deviation. In case of any deviation from the approved permanent route easement, the pipeline company shall secure the necessary easements before construction may commence on the altered route. The right of eminent domain shall not be used to acquire any such easement except as specifically approved by the board, and a hearing will not be required unless the board determines a hearing is necessary to complete review of the petition for amendment.    10.7(3)   If the construction of facilities authorized by a permit is not commenced within two years of the date the permit is granted, or within two years after final disposition of judicial review of a permit order or of condemnation proceedings, the permit shall be forfeited unless the board grants an extension of the permit filed prior to the expiration of the two-year period.    10.7(4)   Upon completion of the proposed construction, maps accurately showing the final routing of the pipeline, in compliance with 199—Chapter 9 and revised Exhibits A, B, and C, shall be filed with the board.    10.7(5)   The board shall set the term of the permit. The term of the permit may be less than, but shall not exceed, 25 years from the date of issuance.

    ITEM 10.    Amend rule 199—10.8(479) as follows:

199—10.8(479) Renewal permits.      10.8(1)   A petition for renewal of an original or previously renewed pipeline permit may be filed at any time subsequent to issuance of the permit andshall be filed at least one year prior to expiration of the permit.This requirement is not applicable to renewal of permits that expire within one year of April 1, 2020. The petition shall be made on the form prescribed by the board. Instructions for the petition are included as a part of the form, and the form is available on the board’s website.The petition shall include the name of the pipeline company requesting renewal of the permit, the pipeline company’s principal office and place of business, a description of any amendment or reportable change since the permit or previous renewal permit was issued, and the same exhibits as required for a new permit, as applicable. The petition shall be considered filed with the board on the date accepted into the board’s electronic filing system as provided for in 199—Chapter 14. The petition shall be attested to by an officer, official, or attorney with authority to represent the pipeline company.    10.8(2)   The procedure for petition for permit shall be followed with respect to publication of notice, objections, and assessment of costs.     10.8(3)   If review of the petition findsthere are unresolved issues of fact or law, or if an objection is filed within 20 days of the second publication of the published notice, theboard shall set the matter will be set for hearing. If a hearing is not required,and the petition satisfies the requirements of this rule, a renewal permit will be issued upon the filing of the proof of publication required byrule 199—10.4(479).     10.8(4)   Renewal permits shall normally expireThe board shall set the term of a renewal permit. The term may be less than, and shall not exceed, 25 years from date of issue. No permit shall be granted for a period longer than 25 years. The same procedure shall be followed for subsequent renewals.       This rule is intended to implement Iowa Code sections 476.2 and 479.23.

    ITEM 11.    Amend rule 199—10.9(479) as follows:

199—10.9(479) Amendment of permits.      10.9(1)   An amendment ofa pipeline permit by the board is required in any of the following circumstances:    a.    Construction of aan additional pipeline parallelingall or part of an existing linepipeline of petitioner;the pipeline company.    b.    Extension of an existing pipeline of petitioner by more than 660 feet (one-eighth mile);the pipeline company outside of the permit easement.    c.    Relocationor replacement of an existing pipeline of petitioner which:the pipeline company(1)   Relocates the pipeline more than 660 feet (one-eighth mile) from the routeoutside of the permit easement approved by the board; or(2)   Involves relocation requiring new or additional interests in property. If the relocation or replacement is for five miles or more of pipe to be operated at over 150 psig. Informational meetings, an informational meeting as provided for by rule 199—10.3(479)199—10.2(479) shall be held for these relocationsand replacements.    d.    Contiguous extension of an underground storage area of petitioner; orthe pipeline company.    e.    Modification of any condition or limitation placed on the construction or operation of the pipeline in the final order granting the pipeline permitor previous renewal of the permit.    10.9(2)   Petition for amendment.     a.    The petition for amendment of an original or renewed pipeline permit shall include the docket number and issue date of the permit for which amendment is sought and shall clearly state the purpose of the petition. If the petition is for construction of additional pipeline facilities or expansion of an underground storage area, the same exhibits as required for a petition for permit shall be attached.    b.    The applicable procedures fora petition for permit, including hearing, shall be followed. Upon appropriate determination by thisthe board, an amendment to the permit willshall be issued. Such amendment shall be subject to the same conditions with respect to completioncommencement of construction within two years and the filing of final routing maps as attached torequired for pipeline permits.       This rule is intended to implement Iowa Code sections 476.2 and 479.23.

    ITEM 12.    Amend rule 199—10.10(479) as follows:

199—10.10(479) Fees and expenses.      10.10(1) Permit expenses.  The petitionerpipeline company shall pay the actual unrecovered cost incurred by the board attributable to theinformational meeting, processing, investigation,hearing, and inspection related to a petition requesting a pipeline permit actionor any other activity of the board related to a pipeline permit.Any moneys collected by the board from other sources for chargeable activities will be deducted from billings for actual expenses submitted to the petitioner.    10.10(2) Construction inspection.  The petitionerpipeline company shall reimburse the board for the actual unrecovered expenses incurred due to inspection of pipeline construction or testing activities following from a permit actionthe granting of a pipeline permit.Any moneys collected by the board from other sources for chargeable activities will be deducted from billings for actual expenses submitted to the petitioner.    10.10(3) Annual inspection fee.  A pipeline company shall pay an annual inspection fee on all pipelines under permit of 50 cents per mile of pipeline or fraction thereof for each inch of diameter of the pipeline located in the state of Iowa. The fee shall be paid for the calendar year in advance between January 1 and February 1 of each year. When new pipeline subject to the fee is installed, the fee shall be paid beginning the following calendar year. Pipelines removed from service shall remain subject to the fee until the calendar year following the year the board is notified of the removal from service in accordance with rule 199—10.18(479).

    ITEM 13.    Amend rule 199—10.11(479) as follows:

199—10.11(479) Inspections.  ThisThe board shall from time to time examine the construction, maintenance, and condition of pipelines, underground storage facilities, and equipment used in connection with pipelines orand facilities in the state of Iowa to determine if the same are unsafe or dangerous and whether they comply with the appropriate standards of pipeline safety. One or more members of thisthe board, or one or more duly appointed representatives of the board, may enter upon the premises of any pipeline company within the state of Iowa for the purpose of making the inspections.

    ITEM 14.    Amend rule 199—10.12(479) as follows:

199—10.12(479) Standards for construction, operation and maintenance.      10.12(1)   All pipelines, underground storage facilities, and equipment used in connection therewith shall be designed, constructed, operated, and maintained in accordance with the following standards:    a.    49 CFR Part 191, “Transportation of Natural and Other Gas by Pipeline; Annual Reports, Incident Reports, and Safety-Related Condition Reports,” as amended through May 1, 2019April 1, 2020.    b.    49 CFR Part 192, “Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards,” as amended through May 1, 2019April 1, 2020.    c.    49 CFR Part 199, “Drug and Alcohol Testing,” as amended through May 1, 2019April 1, 2020.    d.    ASME B31.8 - 2016, “Gas Transmission and Distribution Piping Systems.”    e.    199—Chapter 9, “Restoration of Agricultural Lands During and After Pipeline Construction.”    f.    At railroad crossings, 199—42.7(476), “Engineering standards for pipelines.”Conflicts between the standards established in paragraphs 10.12(1)“a” through “f” or between the requirements of rule 199—10.12(479) and other requirements which are shown to exist by appropriate written documentation filed with the board shall be resolved by the board.    10.12(2)   If review of Exhibit C, or inspection of facilities which are the subject of a permit petition, finds noncompliance with the standards adopted in this rule, no final action will be taken by the board on the petition without a satisfactory showing by the petitioner that the noncompliance has been or will be correctedthe pipeline company shall provide satisfactory evidence showing the noncompliance has been corrected prior to the board taking final action on the petition or will be corrected as a result of the board taking final action on the petition.    10.12(3)   Pipelines in tilled agricultural land shall be installed with a minimum cover of 48 inches.

    ITEM 15.    Renumber rule 199—10.14(479) as 199—10.13(479).

    ITEM 16.    Amend renumbered rule 199—10.13(479) as follows:

199—10.13(479) Crossings of highways, railroads, and rivers.      10.13(1)   Iowa Code chapter 479 gives the Iowa utilities board primary authority over the routing of pipelines. However, highway and railroad authorities and environmental agencies may have a jurisdictional interest in the routing of the pipeline, including requirements that permits or other authorizations be obtained prior to construction forof crossings of highway or railroad right-of-way, or rivers or other bodies of water.    10.13(2)   Except for other than approximate right angle crossings of highway or railroad right-of-way, the approvalApproval of other authorities need not be obtained prior to petitioning the board for a pipeline permit. It is recommendedthat the appropriate other authorities be contacted well in advance of construction to determine what restrictions or conditions may be placed on the crossing,by those authorities and to obtain information on any proposed reconstruction or relocation of existing facilities which may impact the routing of the pipeline.Approvals and any restrictions, conditions, or relocations of existing facilities are required to be filed with the board prior to the granting of the permit. A pipeline company may request board approval to begin construction on a segment of a pipeline prior to obtaining all necessary consents for construction of the entire pipeline.    10.(2) 10.13(3)   Pipeline routes which include crossings of highway or railroad right-of-way at other than an approximate right angle, or longitudinally on such right-of-way, shall not be constructed unless a showing of consent by the appropriate authority has been provided by the petitionerpipeline company as required in paragraph 10.2(1)“e.”10.3(1)“e.”

    ITEM 17.    Adopt the following new rule 199—10.14(479):

199—10.14(479) Transmission line factors.  Factors considered by the board in determining whether a pipeline is a transmission line and is therefore required to have a permit are set out in this rule. These factors are part of the board’s consideration, especially when a request has been made to reclassify a pipeline from transmission to distribution. These factors are to provide guidance for determining whether a pipeline needs a permit under this chapter, but there may be other factors not included in this rule:
  1. The definitions of a transmission line in ASME B31.8 and 49 CFR 192.3.
  2. Pipeline Hazardous Material Safety Administration interpretations.
  3. The location of a distribution center.
  4. Interconnection with an interstate pipeline.
  5. Location of distribution regulator stations downstream of a proposed distribution center.
  6. Whether a proposed distribution center has more than one source of supply and the type of pipeline that provides the supply.
  7. Transfer of ownership of gas.
  8. Reduction in pressure of pipeline at a meter.
  9. No resale of gas downstream of a distribution center.

    ITEM 18.    Rescind rule 199—10.16(479).

    ITEM 19.    Renumber rules 199—10.17(479) to 199—10.19(479) as 199—10.15(479) to 199—10.17(479).

    ITEM 20.    Amend renumbered rule 199—10.15(479) as follows:

199—10.15(479) Reports to federal agencies.      10.15(1)   Upon submission of any incident, annual, or other report to the U.S. Department of Transportation pursuant to 49 CFR Part 191,or Part 192, or Part 199,a pipeline company shall file a copy of the report shall be filed with the board. The board shall also be advised of any telephonic incident report madeby the pipeline company.    10.15(2)   In addition to incident reports required by 49 CFR Part 191, the board shall be notified of any incident or accident where the economic damage exceeds $15,000 or which results in loss of service to 50 or more customers.The pipeline company shall notify the board, as soon as possible, of any incident by emailing the duty officer at dutyofficer@iub.iowa.gov or, if email is not available, by calling the board duty officer at (515)745-2332. The cost of gas lost due to the incident shall not be considered in calculating the economic damage of the incident.    10.15(3)   Utilities operating in other states shall provide to the board data for Iowa only.    10.15(4)   The board shall be notified, as soon as practical, of any reportable incident by email to the duty officer at dutyofficer@iub.iowa.gov or, if email is not available, by calling the board duty officer at (515)745-2332.

    ITEM 21.    Amend renumbered rule 199—10.16(479) as follows:

199—10.16(479) Reportable changes to pipelines under permit.      10.16(1)   The boardA pipeline company shall receivefile prior noticewith the board of any of the following actions affecting a pipeline under permit:    a.    Abandonment or removal from service.The pipeline company shall also notify the landowners prior to the abandonment or removal of the pipeline from service.    b.    Relocation of more than 300 feet from the original alignment, or any relocation that would bring the pipeline within 300 feet of an occupied residence. Relocations of 660 feet (one-eighth mile) or more shall require the filing of a petition for permit.    c.    b.    Pressure test, uprating, or increase inmaximum allowable or normal operating pressure.    d.    Change in product being transported.    e.    c.    Replacement of a pipeline or significant portion thereof, not including short repair sections of pipe at least as strong as the original pipe.    f.    Extensions of existing pipelines by 660 feet (one-eighth mile) or less.    10.16(2)   The notice shall include the docket and permit numbers of the pipeline, the location involved, a description of the proposed activity, anticipated dates of commencement and completion, revised maps and technical specifications, where appropriate, and the name and telephone number of a person to contact for additional information.

    ITEM 22.    Amend renumbered rule 199—10.17(479) as follows:

199—10.17(479) Sale or transfer of permit.      10.17(1)   No permit shall be soldor transferred without prior written approval of the board. A petition for approvalof the sale or transfer shall be jointly filed by the buyer, or transferee, andthe seller,or transferor, shall include assurances that the buyer, or transferee, is authorized to transact business in the state of Iowa; is willing and able to construct, operate, and maintain the pipeline in accordance with these rules; and if the sale, or transfer, is prior to completion of construction of the pipeline shall show that the buyer, or transferee, has the financial ability to pay up to $250,000 in damagesassociated with construction or operation of the pipeline, or any other amount the board has determined is necessary when granting the permit.    10.17(2)   No transfer of pipeline permit prior to completion of pipeline construction shall be effective until the person to whom the permit was issued files notice with the board of the transfer. The notice shall include the date of the transfer and the name and address of the transferee.    10.(3) 10.17(2)   The board shall receive notice from the transferor of any other transfer of a pipeline permit after completion of construction.For the purposes of this rule, reassignment of a pipeline permit as part of a corporate restructuring, with no change in pipeline operating personnel or procedures, is considered a transferand requires prior board approval.

    ITEM 23.    Adopt the following new rule 199—10.18(479):

199—10.18(479) Termination of petition for pipeline permit proceedings.  If a pipeline company fails to publish the official notice within 90 days after the official notice is provided by the board, the board may dismiss the petition.
    [Filed 1/28/20, effective 4/1/20][Published 2/26/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/26/20.

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