The Agriculture and Land Stewardship Department hereby proposes to rescind Chapter 96, “Hemp,” Iowa Administrative Code, and to adopt a new Chapter 96 with the same title.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 204.3(5).State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 204.Purpose and Summary    This proposed rule making is in response to additional requirements requested by the United States Department of Agriculture (USDA) to ensure compliance with the Agriculture Improvement Act of 2018, which amended the Agricultural Marketing Act of 1946, and to ensure compliance with further restrictions found in 2019 Iowa Acts, Senate File 599.    Fulfillment of these changes is necessary for the Department to receive USDA approval of the state plan to administer an industrial hemp program.Fiscal Impact     2019 Iowa Acts, Senate File 599, increases expenditures for the Department by an estimated $304,000 in FY 2020 and $209,000 in FY 2021. The fee income that will be deposited into the hemp fund cannot be estimated, because it is unknown how many persons will participate in the manufacturing of industrial hemp. 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 April 3, 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: April 3, 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).Emergency Rule Making Adopted by Reference    This proposed rule making is also published herein as an Adopted and Filed Emergency rule making (see ARC 4989C, IAB 3/11/20). The purpose of this Notice of Intended Action is to solicit public comment on that emergency rule making, whose subject matter is hereby adopted by reference.

    The Economic Development Authority hereby proposes to rescind Chapter 34, “Welcome Center Program,” Iowa Administrative Code and to adopt a new Chapter 34 with the same title.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 15.106A.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 15.271 and 15.272.Purpose and Summary    2019 Iowa Acts, House File 303, made significant updates to the Authority’s Welcome Center Program. This legislation removed outdated references to a statewide long-range plan and pilot program, which no longer exist. The proposed amendment rescinds the existing rules relating to the pilot program and replaces the chapter with more general information about the purpose of welcome centers, which is to provide travel-related services and tourism information to travelers throughout the state. Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199. 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 Authority no later than 4:30 p.m. on March 31, 2020. Comments should be directed to: Jennifer Klein Economic Development Authority 200 East Grand Avenue Des Moines, Iowa 50309 Phone: 515.348.6144 Email: jennifer.klein@iowaeda.comPublic Hearing    No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making action is proposed:

    The Economic Development Authority hereby proposes to amend Chapter 48, “Workforce Housing Tax Incentives Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 15.106A.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 15.356.Purpose and Summary    2019 Iowa Acts, House File 772, the Governor’s Empower Rural Iowa Act, made changes to the Workforce Housing Tax Incentives Program, including increasing the maximum amount of tax credits the Authority allocates to the program from $20 million to $25 million; revising the definition of “small city”; amending or adding provisions to create a disaster recovery component of the program; amending or adding provisions to provide for competitive scoring; and clarifying and supplementing the contracting, notice, award and revocation processes. These proposed amendments implement changes made by that legislation.  Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any. 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 Authority no later than 4:30 p.m. on March 31, 2020. Comments should be directed to: Jennifer Klein Economic Development Authority 200 East Grand Avenue Des Moines, Iowa 50309 Phone: 515.348.6144 Email: jennifer.klein@iowaeda.comPublic Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    The Economic Development Authority hereby proposes to amend Chapter 81, “Renewable Chemical Production Tax Credit Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 15.106A.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 15.316.Purpose and Summary    Under the renewable chemical production tax credit, Iowa Code section 15.316 provides that the term “building block chemical” includes a prescribed list of chemicals “or such additional molecules as may be included by the authority by rule after consultation with appropriate experts from Iowa state university, including but not limited to the Iowa state university center for biorenewable chemicals.” In accordance with Iowa Code section 15.316 and the procedures set forth in rule 261—81.8(15), the Authority proposes to add the chemicals “ethylyne glycol” and “1,4 butanediol” to the list of approved building block chemicals. Brent Shanks at the Iowa State University Center for Biorenewable Chemicals (CBiRC) has recommended approval of these chemicals, and the Authority concurs.    This rule making was approved by the Iowa Economic Development Authority Board on November 22, 2019.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199. 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 Authority no later than 4:30 p.m. on March 31, 2020. Comments should be directed to: Jennifer Klein Economic Development Authority 200 East Grand Avenue Des Moines, Iowa 50309 Phone: 515.348.6144 Email: jennifer.klein@iowaeda.comPublic Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making action is proposed:

    The Environmental Protection Commission (Commission) hereby proposes to amend Chapter 20, “Scope of Title—Definitions,” Chapter 22, “Controlling Pollution,” Chapter 23, “Emission Standards for Contaminants,” Chapter 25, “Measurement of Emissions,” Chapter 30, “Fees,” and Chapter 33, “Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant Deterioration (PSD) of Air Quality,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 455B.133 and 455B.134.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 455B.133 and 455B.134.Purpose and Summary    The purposes of this proposed rule making are to:

1. Reduce the cost of government while providing streamlined services to the public and the regulated community.
2. Update rules to provide regulatory certainty and flexibility. The amendments implement a portion of the five-year review of rules plan of the Department of Natural Resources (Department) pursuant to Iowa Code section 17A.7(2).
3. Offer uniform rules by making changes that match federal regulations and eliminate inconsistencies between federal regulations and state administrative rules. By adopting federal updates into state administrative rules, the Commission is ensuring that Iowa’s air quality rules are no more stringent than the federal regulations. Additionally, the updates allow the Department, rather than the U.S. Environmental Protection Agency (EPA), to be the primary agency to implement the air quality requirements in Iowa, thereby allowing the Department to provide compliance assistance and outreach to affected facilities.

    The Human Services Department hereby proposes to amend Chapter 77, “Conditions of Participation for Providers of Medical and Remedial Care,” Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” and Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 249A.4.Purpose and Summary    The Iowa Board of Pharmacy, in collaboration with the Iowa Department of Public Health, developed statewide protocols for pharmacists ordering and dispensing naloxone and nicotine replacement therapy (NRT) tobacco cessation products, as well as for pharmacists ordering and administering vaccines. In order to allow these expanded pharmacist practice protocols under Medicaid, the following changes are proposed:    • Adding “pharmacist” as a provider type eligible to enroll in the Medicaid program.    • Clarifying qualified prescriber and prescription requirements based on the pharmacist expanded practice standards.    • Amending the section related to pharmacies administering influenza vaccine to children to apply to pharmacists providing all Medicaid-covered vaccines to children and adults, pursuant to 657—Chapter 39 and the statewide protocols. The rule making also proposes adding Medicaid verification and reporting requirements. The proposed changes would enable pharmacists to take advantage of the expanded practice standards while clarifying the Medicaid verification and reporting requirements for vaccines.    • Amending the section related to basis of reimbursement for vaccines related to pharmacists. All billing and reimbursement of vaccines, regardless of provider type, would be through the Healthcare Common Procedure Coding System (HCPCS) to ensure consistency among providers as well as a coordinated Medicaid immunization record for the member.Fiscal Impact     To the extent that naloxone and NRT are currently being provided to Medicaid members based on a currently authorized prescriber prescription, the proposed amendments would create a different access point to the products. If a Medicaid member is not currently accessing these products through a currently authorized Medicaid provider, the proposed amendments could increase the number of prescriptions for these categories of drugs, resulting in an increase in expenditures. The extent of this potential fiscal impact cannot be determined. To the extent pharmacists are currently administering vaccines dispensed through pharmacy point of sale, there could be two potential fiscal impacts depending on the route of vaccine administration.     a. There could potentially be savings related to the difference in the current dispensing fee ($10.07) paid under pharmacy policy and the transition to the reimbursement of the 90471 (percutaneous, intradermal, subcutaneous or intramuscular injections) administration fee ($5.09) under medical policy.    b. There could be an increased cost related to the difference in the current dispensing fee ($10.07) paid under pharmacy policy and the transition to the reimbursement of the 90473 (intranasal or oral route) administration fee ($12.88) under medical policy.     Additionally, there is a potential for an increase in the number of vaccines billed by the pharmacy with these proposed changes, which could lead to an increase in total vaccine expenditures (product plus administration cost). The extent of this potential fiscal impact cannot be determined.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 31, 2020. Comments should be directed to: Nancy Freudenberg 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:

    The Iowa Finance Authority (IFA) hereby proposes to amend Chapter 1, “General,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 16.5.State or Federal Law Implemented    This rule making implements, in whole or in part, 2019 Iowa Acts, House File 768, sections 2 and 3, and 2019 Iowa Acts, Senate File 608, section 19.Purpose and Summary    This rule making is intended to ensure that Chapter 1 of the Authority’s administrative rules conforms to recent amendments to the Iowa Code. 2019 Iowa Acts, House File 768, amended Iowa Code section 16.2, which describes the membership of the IFA Board of Directors, and now requires the Agricultural Development Board (IAD Board) to appoint a member to the IFA Board of Directors and states that the member shall serve at the pleasure of the IAD Board. House File 768 also increased the number of voting members needed to achieve a quorum from five members to six. Lastly, 2019 Iowa Acts, Senate File 608, section 19, added four ex officio, nonvoting legislative members to the IFA Board of Directors.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 265—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 Authority no later than 4:30 p.m. on March 31, 2020. Comments should be directed to: Kristin Hanks-Bents Iowa Finance Authority 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Email: kristin.hanks-bents@iowafinance.comPublic Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making action is proposed:

    The Board of Medicine hereby proposes to amend Chapter 1, “Administrative and Regulatory Authority,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed 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 135.11B.Purpose and Summary    During the 2019 Legislative Session, the General Assembly passed 2019 Iowa Acts, House File 776, section 59 (now codified as Iowa Code section 135.11B), which provides that the Executive Director of the Board of Medicine shall be appointed by the Director of the Department of Public Health. This proposed rule making amends subrules 1.3(5) and 1.3(6) to reflect this change. Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 653—Chapter 3. Public Comment     Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board no later than 4:30 p.m. on March 31, 2020. Comments should be directed to: Joseph Fraioli Iowa Board of Medicine 400 S.W. Eighth Street, Suite C Des Moines, Iowa 50309 Phone: 515.281.3614 Email: joseph.fraioli@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:

    The Professional Licensure Division hereby proposes to amend Chapter 4, “Board Administrative Processes,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 272C.2 and 272C.4.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 272C.2(4) and 272C.4(10).Purpose and Summary    2019 Iowa Acts, Senate File 304, amended Iowa Code section 272C.4 and removed the requirement that licensing boards impose discipline against a licensee who has defaulted on a repayment or service obligation under any federal or state educational loan or service-conditional scholarship program. This proposed rule making removes the subrule language that adopts the Department of Public Health’s procedures for denying a license or imposing discipline against a license following receipt of a certificate of noncompliance from the College Student Aid Commission and adds language specifying that licensure sanctions for default or delinquency on student debt or a service obligation are prohibited.    This rule making also amends subrule 4.12(1) governing automatic continuing education exemptions to clarify that funeral directors who served honorably on active duty in the military service during the license biennium may be exempt from continuing education requirements.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 provision accorded under 645—Chapter 18. Public Comment     Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Division no later than 4:30 p.m. on March 31, 2020. Comments should be directed to: Steven Garrison Professional Licensure Division Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.242.6385 Fax: 515.281.3121 Email: steven.garrison@idph.iowa.govPublic Hearing     A public hearing at which persons may present their views orally or in writing will be held as follows: March 31, 2020 8 to 8:30 a.m. Fifth Floor Conference Room 526 Lucas State Office Building Des Moines, Iowa     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Division and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    The Secretary of State hereby proposes to amend Chapter 29, “Elections Technology Security,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 47.1.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 47.1.Purpose and Summary    While the Secretary of State’s office has seen tremendous voluntary adoption of services and security best practices, there is more work to do to continue to increase the security of Iowa’s elections. The amendments proposed in this rule making will bolster election security by requiring county commissioners of elections to uniformly adopt best practices. Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Secretary of State for a waiver of the discretionary provisions, if any, pursuant to 721—Chapter 10.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 Secretary of State no later than 4:30 p.m. on March 31, 2020. Comments should be directed to: Eric Gookin Office of the Secretary of State Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: eric.gookin@sos.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:

    The Director of the Workforce Development Department hereby proposes to amend Chapter 24, “Claims and Benefits,” and Chapter 25, “Benefit Payment Control,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 96.11.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 96.Purpose and Summary    This proposed rule making further clarifies the effect vacation pay paid to an employee upon separation of employment has on unemployment insurance benefit payments. This rule making includes changes to the unemployment insurance fact-finding interview process to allow for more flexibility for claimants and employers to choose whether they want to participate verbally in a scheduled fact-finding interview. Additionally, this rule making would ensure that claimants who were overpaid unemployment insurance and have repaid the nonfraud overpayment have the ability to later collect the amount that was repaid if they are eligible for payments in the future.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. 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 31, 2020. Comments should be directed to: Nicholas Olivencia Iowa Department of Workforce Development 1000 East Grand Avenue Des Moines, Iowa 50319-0209 Email: nicholas.olivencia@iwd.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:

    The Agriculture and Land Stewardship Department hereby rescinds Chapter 96, “Hemp,” Iowa Administrative Code, and adopts a new Chapter 96 with the same title.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 204.3(5).State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 204.Purpose and Summary    This rule making is in response to additional requirements requested by the United States Department of Agriculture (USDA) to ensure compliance with the Agriculture Improvement Act of 2018, which amended the Agricultural Marketing Act of 1946, and to ensure compliance with further restrictions found in 2019 Iowa Acts, Senate File 599.    Fulfillment of these changes is necessary for the Department to receive USDA approval of the state plan to administer an industrial hemp program.Reason for Adoption of Rule Making Without Prior Notice and Opportunity for Public Participation    Pursuant to Iowa Code section 17A.4(3)“a,” the Department finds that notice and public participation are unnecessary or impractical because statute so provides. Reason for Waiver of Normal Effective Date    Pursuant to Iowa Code section 17A.5(2)“b”(1)(a), the Department also finds that the normal effective date of this rule making, 35 days after publication, should be waived and the rule making made effective on February 24, 2020, because Iowa Code section 204.3 requires the Department to prepare a state plan to be submitted to the United States Secretary of Agriculture under the federal hemp law. The Department may prepare any number of amended state plans or any number of amendments to an existing state plan to be submitted for approval by the United States Secretary of Agriculture. The Department shall prepare the state plan, any amended state plan, or any amendment to an approved state plan by adopting rules pursuant to Iowa Code chapter 17A. The Department may adopt the rules on an emergency basis as provided in Iowa Code sections 17A.4(3) and 17A.5(2), and the rules shall be effective immediately upon filing unless a later date is specified.Adoption of Rule Making    This rule making was adopted by the Department on February 24, 2020.Concurrent Publication of Notice of Intended Action    In addition to its adoption on an emergency basis, this rule making has been initiated through the normal rule-making process and is published herein under Notice of Intended Action as ARC 4988C to allow for public comment.Fiscal Impact     2019 Iowa Acts, Senate File 599, increases expenditures for the Department by an estimated $304,000 in FY 2020 and $209,000 in FY 2021. The fee income that will be deposited into the hemp fund cannot be estimated, because it is unknown how many persons will participate in the manufacturing of industrial hemp. 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 became effective on February 24, 2020.    The following rule-making action is adopted:

    The Attorney General hereby amends Chapter 22, “Notification and Fees,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 537.6117.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 537.6203.Purpose and Summary    The amendment reflects a change in the notification fee that creditors engaged in consumer credit transactions are required to pay annually. The amendment is in response to 2017 Iowa Acts, chapter 138, section 23, which amended Iowa Code section 537.6203 by increasing the annual notification fee from $10 to $50. This amendment conforms subrule 22.5(1) with Iowa Code section 537.6203.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 15, 2020, as ARC 4862C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Attorney General on February 19, 2020.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. The Attorney General has been collecting a $50 annual fee since 2018 as required by Iowa Code section 537.6203. The amendment simply brings subrule 22.5(1) in line with the requirements of Iowa Code section 537.6203. 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 Attorney General 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 15, 2020.    The following rule-making action is adopted:

    The Civil Rights Commission hereby amends Chapter 9, “Discrimination in Housing,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in 2019 Iowa Acts, Senate File 341.State or Federal Law Implemented    This rule making implements, in whole or in part, 2019 Iowa Acts, Senate File 341.Purpose and Summary    The purpose of the amendment to Chapter 9 is to comply with Iowa Code section 216.8C(3) as enacted by 2019 Iowa Acts, Senate File 341, section 3, which provides requirements pertaining to a request for an assistance animal as a reasonable accommodation for a disability in housing. The legislation requires the Commission to adopt a form for a health care professional, as defined by the statute, to make a written finding regarding whether a patient or client has a disability and whether the need for an assistance animal is related to the disability.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 17, 2019, as ARC 4551C. This rule making was also adopted and filed emergency and published in the Iowa Administrative Bulletin as ARC 4552C on the same date. A public hearing was held on September 13, 2019, at 12:30 p.m. at Grimes State Office Building, Room B100, 400 East 14th Street, Des Moines, Iowa. No one attended the public hearing.    At the Commission meeting on October 11, 2019, commissioners had comments regarding the bottom portion of the form: the organization of the requirements portion, the inclusion/exclusion of a title for the signatory, and the addition of cautionary language regarding the dissemination of protected health information. The feedback from commissioners is reflected in the revised version of the form adopted herein.Adoption of Rule Making    This rule making was adopted by the Commission 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 Commission for a waiver of the discretionary provisions, if any, pursuant to 161—Chapter 15.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 15, 2020.    The following rule-making action is adopted:

    The Economic Development Authority hereby amends Chapter 71, “Targeted Jobs Withholding Tax Credit Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 15.106A.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 403.19A.Purpose and Summary    This adopted amendment rescinds the sunset date for the Targeted Jobs Withholding Tax Credit Program. This sunset date is also found in Iowa Code section 403.19A(3)“c”(2). Because the sunset date has been amended legislatively and may be extended again in the near future, rescinding paragraph 71.4(2)“e” will prevent confusion and conflict between the Iowa Code and these rules.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 4737C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Authority on December 20, 2019.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on April 15, 2020.    The following rule-making action is adopted:

    The Economic Development Authority hereby amends Chapter 81, “Renewable Chemical Production Tax Credit Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 15.108 and 15.321.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 15.316.Purpose and Summary    Under the renewable chemical production tax credit, Iowa Code section 15.316 provides that the term “building block chemical” includes a prescribed list of chemicals “or such additional molecules as may be included by the authority by rule after consultation with appropriate experts from Iowa state university, including but not limited to the Iowa state university center for biorenewable chemicals.” In accordance with Iowa Code section 15.316 and the procedures set forth in rule 261—81.8(15), the Authority is adding five chemicals to the definition of “building block chemical”: butanoic acid, hexanoic acid, octanoic acid, pentanoic acid, and heptanoic acid. Brent Shanks, Director for the Center for Biorenewable Chemicals (CBiRC) at Iowa State University, has recommended approval of all five chemicals, and the Authority concurs.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 4669C. No public comments were received. One change from the Notice has been made to correct the spelling of pentanoic acid.Adoption of Rule Making    This rule making was adopted by the Economic Development Authority Board on November 22, 2019.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on April 15, 2020.    The following rule-making action is adopted:

    The Human Services Department hereby amends Chapter 7, “Appeals and Hearings,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code chapter 17A and section 217.6.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 17A and section 217.6.Purpose and Summary    In light of the State’s transition to Medicaid managed care, and in an ongoing effort to improve the Department’s processes and accessibility to consumers, the Department has revised its appeals rules with the following goals in mind: simplification, uniformity, clarification of scope, clearly defining appeal rights, and protecting self-represented litigants. In this effort, the Department has sought to eliminate redundancies and ambiguities, streamline processes across programs where permissible under state and federal law, explicitly clarify the circumstances in which contested case hearings are granted, ensure conformity with substantive federal and state standards, and include procedural protections for self-represented litigants.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 4674C. One respondent, representing Iowa Legal Aid, provided written comments. The comments and the Department’s responses follow and are grouped into areas of concern.    1. Concerns regarding the Appeals Advisory Committee. In three comments, the respondent referenced the removal of all references to the Appeals Advisory Committee. The Appeals Advisory Committee acted as an initial screening device for the Director and had the authority to recommend that the Director review a proposed decision. Committee members voted to allow the review to proceed to the Director or deny the request for review.    Department response: Based on the volume of programs the Department administers, Committee members did not feel comfortable making recommendations about programs they did not manage. The Department established a process that better aligns with the process used by appellants and their representatives when submitting a review request and, therefore, omitted the references to the Committee. As this is an internal Department process, it is not required to be in the rules. No changes were made based on this comment.    2. Concerns about party-in-interest. The respondent commented twice about the change in paragraph 7.3(1)“b” indicating that a party-in-interest must have an ongoing, specific and personal interest in the outcome of the contested case hearing. The respondent questioned whether this change was intended to address third parties filing appeals on behalf of individuals.    Department response: The change reflected in paragraph 7.3(1)“b” was made to ensure that appeals are limited to live issues by an aggrieved party and that the person filing the appeal has an interest in the outcome of the appeal. No changes were made based on this comment.    3. Contractual rights. The respondent asked what problem the Department was trying to address in subrule 7.3(2) dealing with appeals regarding contractual rights that are not eligible for a contested case hearing. The respondent commented twice that the language used in new subrule 7.3(2) is broader than current language regarding provider claims disputes with a managed care organization.    Department response: The purpose of the subrule is to clarify that contract issues are not subject to an appeal through the Department’s appeals process because disputes regarding contract issues between the appellant and another party are handled within the court system. No changes were made based on this comment.    4. Removal of definitions and other language regarding appeal process. In 11 comments, the respondent expressed concerns about the removal of definitions of, and other language regarding, “aggrieved person,” “appeal,” “due process,” “electronic case record,” “ex parte communication,” “informal conference,” “local office,” “prehearing conference,” and “reconsideration.”    Department response: The definition of “aggrieved person” was removed because some conditions provided in the current rule were overly inclusive and others were overly narrow. The amendments clarify that persons entitled to an administrative appeal hearing by a Constitution or statute will receive such a hearing.    The definition of “appeal” was removed because it was overly broad and allowed for an expanded meaning of a contested case as defined in Iowa Code chapter 17A. Due process is required for contested cases, but the entitlement to due process is created by a Constitution or statute, not by the regulations. The reference to due process cannot expand or contract the entitlement to due process, and therefore, the definition of “due process” was omitted.    An appellant has the right to view the Department’s case file. The appellant’s right to view the electronic case record is not affected by eliminating the definition of “electronic case record.”     While the respondent did not provide any specifics as to why there was concern about the removal of “ex parte communication” as a definition, ex parte communication is covered extensively in Iowa Code section 17A.17 and in subrule 7.9(1).    The definition of “informal conference” was removed since the other references to an informal conference were eliminated from the amendments; however, based on the comment, a new subrule 7.6(7) is added to address informal conferences.    The removal of the definition of “local office” was not problematic to the respondent, but the respondent wanted to ensure that applicants and recipients could continue to file an appeal request at their local offices. Subrule 7.5(1) details the way a contested case hearing may be requested, including at the applicant’s or recipient’s local office.    The definition of “prehearing conference” was removed, but rule 441—7.2(17A) indicates that in the absence of an applicable rule, the Department of Inspections and Appeals rules found at 481—Chapter 10 govern Department of Human Services appeals. Prehearing conferences are addressed at rule 481—10.16(10A,17A).    The definition of “reconsideration” was removed because it was circular and did not accurately reflect when reconsideration was allowed. The exclusion of the definition does not negate the reconsideration process, when allowed. No changes were made based on the respondent’s comments, other than the change noted regarding informal conferences.     5. Removal of the conditions of an aggrieved person and the lists of appealable issues. In four comments, the respondent expressed concern about the removal from Chapter 7 of the conditions of an aggrieved person and the lists of appealable issues because the removal could cause confusion for appellants.    Department response: Iowa Code chapter 17A provides for administrative appeal hearings only in contested cases and defines what constitutes a contested case. The conditions provided in the current rule were overly inclusive in some areas and overly narrow in others. The amendments to Chapter 7 clarify that persons entitled to an administrative appeal hearing by a Constitution or statute will receive such a hearing. No changes were made based on the respondent’s comments.    6. Removal of language regarding the presiding officer. The respondent commented on the removal of language stating that a presiding officer cannot be connected in any way with the previous actions or decisions on which the appeal is made and requested that this information be retained.     Department response: Maintaining a separate and impartial adjudicative function is a bedrock principle of administrative law and is a fundamental component of due process. Rule 441—7.2(17A) indicates that in the absence of an applicable rule in this chapter, the Department of Inspections and Appeals rules govern Department of Human Services appeals. The rule that addresses when an administrative law judge shall withdraw from a contested case is rule 481—10.9(17A).    7. Exhaustion of other remedies. The respondent asked if there are remedies other than those mentioned in subrule 7.4(2) that must be exhausted prior to initiation of an appeal. The respondent requested further clarification on what is meant by exhausting all other appeal remedies available to the party-in-interest and requested that any other applicable regulations be cross-referenced.    Department response: Subrule 7.4(2) addresses exhaustion only with respect to Medicaid managed care organization claims, which are not covered in other program-specific provisions. Subrule 7.4(1) generally requires exhaustion in accordance with each program’s specific procedures. However, subrule 7.4(1) has been revised for clarification, but rather than include numerous cross-references, the subrule directs the reader to the specific program.    8. Removal of notification of hearing procedures. In five comments, the respondent expressed concern about the removal of the notification of hearing procedures, especially the section relating to providing auxiliary aids to individuals with disabilities, and about the removal of language requiring local offices of the Department to advise individuals of the availability of legal services in the community.    Department response: All notices issued by the Department notify the appellant to contact a local office of the Department to obtain information about legal services, but based on the respondent’s comments, a new subrule 7.4(4) has been added to address written and oral notification of hearing procedures, and a new subrule 7.9(6) has been added to provide the assistance that shall be offered to persons living with disabilities.     9. Request additional information. The respondent questioned what would happen if the Department had to request additional information to determine the scope of the appeal.    Department response: Based on the comment, subrule 7.5(2) has been revised.    10. Appeals filed in writing. The respondent suggested a change in the catchwords of subrule 7.5(4) and requested that a definition be added for the term “in writing.”    Department response: The Department agrees about the catchwords and has updated the catchwords of subrule 7.5(4) for clarification; however, the term “in writing” is commonly understood and not all methods for requesting an appeal hearing are done in writing, so no changes were made based on that comment.    11. Forwarding appeal summaries and exhibit materials. The respondent requested a clarification that entities contracted by the Department are required to follow the same protocol as Department staff when forwarding appeal summary and exhibit materials to the judge.    Department response: Subrule 7.5(5) refers to the Department worker or agent responsible for representing the Department at hearing. This would include contracted entities, so no changes were made based on this comment.    12. Designating issues for hearing. The respondent asserted that subrule 7.6(3) regarding designating issues for hearing seems too technical for pro se litigants and possibly burdensome for representatives who may be joining an appeal close to the hearing date for various reasons.    Department response: This provision does not change the previous practice for designating issues for hearing; therefore, the provision does not increase the burden on a pro se litigant. If a pro se litigant obtains legal representation and it is determined additional issues need to be designated for hearing, the newly obtained legal representation can request a continuance to allow time to prepare for hearing and can file a motion to designate additional issues. No changes were made based on this comment.    13. Case file. The respondent pointed out that the term “case file” is not defined in subrule 7.6(6) regarding the appellant’s right to examine the contents of the appellant’s own case file.    Department response: Rule 441—7.2(17A) indicates that in the absence of an applicable rule in this chapter, the Department of Inspections and Appeals rules govern Department of Human Services appeals. Evidence is addressed at rule 481—10.21(17A). No changes were made based on this comment.    14. Closed hearings. Subrule 7.8(5) indicates that contested case hearings are closed to the public and provides a list of individuals who may participate in appeal hearings. The respondent expressed concern that there is no language regarding child abuse registry hearings and the right to intervene.    Department response: The list of individuals who may participate includes permissible intervenors; therefore, no changes were made based on this comment.    15. Default decisions. The respondent was concerned about the changes included in subrule 7.9(2) regarding deadlines with default decisions.    Department response: No changes were made based on this comment, as the process has not changed and the subrule adequately captures the default process.    16. Withdrawal requests. The respondent requested clarification on how to withdraw a fair hearing request for appeals that must be filed in writing.    Department response: Based on the comment, subrule 7.9(3) has been revised.    17. Request for a medical exam. The respondent commented twice that subrule 7.9(4) does not allow an enrollee or appellant to request a medical exam.    Department response: Federal regulations at 42 CFR 431.240(b) allow a hearing official to request a medical assessment other than that of the individual involved in making an original decision if a hearing involves issues such as those concerning a diagnosis, an examining physician’s reports or a medical team’s decision. The regulation does not allow an enrollee or appellant to request the medical exam. No changes are made based on this comment.    18. Submitting proposed findings of facts. The respondent commented that the rules fail to indicate whether parties are allowed to submit proposed findings of fact and requested that the Department define the term “record.”    Department response: No one is precluded from offering findings of fact. The presiding officer will rule on the proposed findings of fact, if offered. Subrule 7.10(2) requires that appellants be given reasonable access to the record at a convenient place and time. There is no need to define what the term “record” means, as it is a common term. No changes were made based on this comment.    19. Right to seek judicial review. Subrule 7.12(3) provides that the Department will notify the appellant of the appellant’s right to seek judicial review, where applicable. However, the respondent commented three times that the subrule fails to indicate that the appellant does not need to seek a rehearing to exhaust the appellant’s administrative remedies before filing the judicial review or a stay request.    Department response: Rule 441—7.12(17A) makes clear that a proposed decision becomes a final decision if there is no appeal to the Director, language which mirrors that in Iowa Code section 17A.15(3). A final decision is subject to judicial review, and therefore, further action following the final decision is not required to exhaust administrative remedies. The Department’s authority to grant a stay of the agency decision pending judicial review is adequately stated in Iowa Code section 17A.19. No changes were made based on this comment.    20. Authorized representatives. The respondent stated that the second sentence in subrule 7.16(1) regarding regulations for authorized representatives has nothing to do with regulations and requested that the statement be moved to its own section. The respondent also expressed concern about what is meant by the words “or similar” in the subrule and confusion about what is meant by subrule 7.16(2).    Department response: The language in subrule 7.16(2) regarding designation of authority of an authorized representative is intended to clarify that an authorized representative does not become a party-in-interest in the representative’s own right as an outgrowth of that representation. However, based on the respondent’s comments on the other two issues, subrules 7.16(1) and 7.16(2) have been revised.     21. Receipt of a notice. The respondent stated a concern that there is no definition of “receipt of a notice.”    Department response: Based on the respondent’s comments, subrule 7.17(1) has been revised to provide guidance on how the Department determines receipt of a notice.     22. Emergency adjudicative proceedings. The respondent mentioned that proposed rule 441—7.18(17A) regarding emergency adjudicative proceedings fails to state the means by which the order is to be delivered to the persons who are required to comply with the order and does not include any reference to oral notification.    Department response: Based on the respondent’s comments, subrule 7.18(2) has been revised.    23. Accessibility of hearing decisions. The respondent recommended keeping Chapter 7’s current language regarding accessibility of hearing decisions.    Department response: Iowa Code section 17A.3 requires agencies to adopt rules setting forth the method by which the public may obtain information or make submissions or requests and the location of said information. The Department has adopted rules in 441—Chapter 9 describing the procedures for access to Department records. No changes were made based on this comment.    24. Contested cases with no factual dispute. While Iowa Code section 17A.10A provides for handling of contested cases with no factual dispute, the respondent requested that the corresponding rules continue to provide guidance on this situation.    Department response: Based on the respondent’s comments, a new subrule 7.8(7) has been added to provide guidance.    All other comments made by the respondent were positive and supported the proposed amendments. Except for the changes described above and a change to replace the word “their” with “the appellant’s” in subrule 7.9(5), no other changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Council on Human Services on February 12, 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    These amendments do not include a waiver provision because they confer benefits on those affected and are generally required by federal law that does not allow for waivers. Individuals may request a waiver under the Department’s general rule on exceptions at rule 441—1.8(17A,217).Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on April 15, 2020.    The following rule-making actions are adopted:

    The Human Services Department hereby amends Chapter 14, “Offset of County Debts Owed Department”; adopts new Chapter 16, “Notices”; and amends Chapter 40, “Application for Aid,” Chapter 41, “Granting Assistance,” Chapter 46, “Overpayment Recovery,” Chapter 74, “Iowa Health and Wellness Plan,” Chapter 75, “Conditions of Eligibility,” Chapter 76, “Enrollment and Reenrollment,” Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” Chapter 82, “Intermediate Care Facilities for Persons with an Intellectual Disability,” Chapter 83, “Medicaid Waiver Services,” Chapter 86, “Healthy and Well Kids in Iowa (HAWK-I) Program,” Chapter 90, “Case Management Services,” Chapter 91, “Medicare Drug Subsidy,” Chapter 93, “PROMISE JOBS Program,” Chapter 106, “Certification Standards for Children’s Residential Facilities,” Chapter 109, “Child Care Centers,” Chapter 153, “Funding for Local Services,” Chapter 170, “Child Care Services,” and Chapter 187, “Aftercare Services Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 217.6.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 217.6.Purpose and Summary    These amendments adopt a new Chapter 16, “Notices,” to centralize administrative rules regarding timely and adequate notices. In addition, these amendments correct cross references found in administrative rules regarding timely and adequate notices. Based on changes in Chapter 7 (see ARC 4972C, IAB 3/11/20), cross references to that chapter are also corrected. Whenever the Department proposes to approve or deny an application for assistance or services, the Department must provide adequate notice. Whenever the Department proposes to terminate or reduce assistance or services, the Department must provide timely and adequate notice. Rules regarding timely and adequate notices are currently in Chapter 7, “Appeals and Hearings.” Because notices relate to all parts of the Department and are not specific to appeals, the rules regarding timely and adequate notices are being moved from Chapter 7 into Chapter 16, which solely relates to notices. An individual’s right to due process is not impacted by these changes. The Department is still required to provide timely and adequate notice to applicants and recipients. The rules are simply being moved from one chapter into another.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 4675C. One respondent, representing Iowa Legal Aid, provided written comments. The comments and the Department’s responses follow.    1. Concerns on adequate notice. The respondent noted that current paragraph 7.7(1)“c” of the Department’s rules indicates the Department will give “adequate notice of…the approval or denial of a license, certification, approval, registration, or accreditation” but the language is missing from proposed subrule 16.3(1). Noting that it appears the Department intends to send adequate notices when a license, certification, approval, registration or accreditation is approved or denied, the respondent requested clarification regarding this issue.    Department response: Based on the respondent’s comment, the introductory paragraph of subrule 16.3(2) in Item 2 has been revised to read as follows:    “16.3(2)Adequate notice. The department shall give adequate notice of the approval or denial of assistance or services; the approval or denial of a license, certification, approval, registration, or accreditation; pending action for a state or federal tax or debtor offset; or to the extent standards provided elsewhere in state or federal law are inapplicable. Adequate notice shall include:”    2. Ninety-day time limit for late-filed appeals. The respondent indicated the proposed amendment to subrule 95.13(3) would impose a 30-day appeal period for individual obligees to file an appeal of a Child Support Recovery Unit decision when the obligee disputes having received all or part of a support payment to which the obligee is entitled. The respondent stated that the proposed change did not include a 90-day time limit for late appeals for good cause and seemed to do away with the procedure. The respondent inquired if the change was intentional and, if it was, questioned why the late appeal time limit for good cause was eliminated.    Department response: The opportunity to file a late appeal when there is good cause for filing late is standard in Department appeals and provides recognition that there are situations in which delay in action is effectively unavoidable. Based on the respondent’s comments, the proposed amendments to subrule 95.13(3) were not adopted and Item 30 was removed from the rule making, and subsequent Items 31 through 36 have been renumbered.     In addition to the changes described above, the following additional changes have been made since publication of the Notice. The proposed amendments to update cross-references in subrules 90.4(2) and 90.6(2) have been removed because Chapter 90 has been rescinded and replaced with a new Chapter 90, thus making those amendments obsolete. Also, amendments to update similar cross-references in paragraph 90.2(3)“b” and subrule 90.3(2) of new Chapter 90 have been added.Adoption of Rule Making    This rule making was adopted by the Council on Human Services on February 12, 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    These amendments do not include waiver provisions because they confirm benefits on those affected and are generally required by federal law that does not allow for waivers. Individuals may request a waiver under the Department’s general rule on exceptions at rule 441—1.8(17A,217). Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on April 15, 2020.    The following rule-making actions are adopted:

    The Human Services Department hereby amends Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” and Chapter 83, “Medicaid Waiver Services,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 249A.4.Purpose and Summary    Legislation from the 2019 Legislative Session directed the Department to eliminate the monthly budget maximum or cap for individuals eligible for the Medicaid home- and community-based services (HCBS) brain injury waiver. Legislation also appropriated additional funds to adjust the per diem rates for assertive community treatment (ACT) services. These amendments implement those changes.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 4819C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Council on Human Services on February 12, 2020.Fiscal Impact     Based on June 2018 data, annualized ACT costs were estimated at $5,794,035. The cost per unit was increased by approximately 9.32 percent to achieve the $211,332 state share target. Based on a previously completed fiscal note, no fiscal impact is expected from eliminating the monthly budget maximum or cap for individuals eligible for the brain injury waiver. During calendar year 2018, the Iowa Medicaid Enterprise received 126 exception-to-policy (ETP) requests for brain injury waiver members to exceed the monthly cap for services, and of these, only two requests were denied. Since the ETP process is an existing practice, costs related to exceptions would already be incorporated into the base data used to set managed care organization rates. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217). Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on April 15, 2020.    The following rule-making actions are adopted:

    The Human Services Department hereby amends Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 249A.4.Purpose and Summary    These amendments update Medical Assistance Advisory Council (MAAC) and executive committee meeting rules regarding MAAC membership, voting and duties and include removal of the executive committee and responsibilities.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 4818C. One respondent provided comments. A summary of the comments and the Department’s responses follows.    1. Comment regarding the roles of voting and nonvoting members. The respondent suggested that there should be an explicit change to allow the professional or business entity members, who are not elected as voting members, to be identified as nonvoting members of the MAAC.     Department response: 2019 Iowa Acts, House File 766, revised the membership and voting provisions and duties of the MAAC. House File 766 specified the number of voting members as five professional or business entity members and five public members. The legislation also designated the 41 entities eligible for election as voting members of the MAAC. All 41 entities are eligible to participate and cast a ballot in the election of the five voting members. The legislation also specifically identifies the nonvoting members.    The legislation does not describe the role of the remaining 36 entities not elected as voting members of the MAAC. The Department will distribute meeting information and materials to all 41 entities. It is expected that the representatives of the remaining 36 entities will attend MAAC meetings and be engaged with all MAAC committee members regarding policy development, program administration and recommendations. Those 36 entity representatives have voted the five members to the committee and should work collaboratively with the voting members outside of meetings to share their thoughts on advising the Medicaid agency. The representatives of the 36 entities will be responsible for electing new members annually or when any vacancy occurs.    The legislation specifically describes the nonvoting members, who do not include the remaining 36 professional or business entities.     These amendments are consistent with the legislation, and no changes from the Notice have been made.     2. Public hearing information requested. The respondent requested information regarding how to request a public hearing and the required time frames for requesting a public hearing.     Department response: A request for a public hearing must be made during the time frame provided in the Notice of Intended Action. For this rule making, a request for public hearing would need to have been made by the close of business on January 7, 2020. This information was provided to the respondent by email. The respondent’s request regarding information on a public hearing does not necessitate changes to these amendments.     No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Council on Human Services on February 12, 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 rule 441—1.8(17A,217).Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on April 15, 2020.    The following rule-making actions are adopted:

    The Inspections and Appeals Department hereby amends Chapter 67, “General Provisions for Elder Group Homes, Assisted Living Programs, and Adult Day Services,” Chapter 68, “Elder Group Homes,” Chapter 69, “Assisted Living Programs,” and Chapter 70, “Adult Day Services,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 10A.104, 231B.2, 231C.3 and 231D.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 231B, 231C and 231D.Purpose and Summary    The Department completed a review of Chapters 67 and 69 in conjunction with input received from industry stakeholders. The amendments to Chapter 67 expressly direct programs that handle, store, or administer controlled substances to be registered with the Iowa Board of Pharmacy pursuant to 657—Chapter 10, “Controlled Substances,” in accordance with the Board’s standing interpretation of its rules; revise the types of personnel permitted to administer medications from any certified or noncertified staff in accordance with nurse delegation procedures to certified medication aides or medication managers; modify the time frames for investigation of complaints or program-reported incidents depending on the severity of the potential regulatory insufficiency; clarify the contents of the plan of correction with respect to detailing how regulatory insufficiencies will be corrected; and remove citations to previously rescinded rules.    The amendments to Chapter 69 clarify the policies and procedures that programs shall have in place, including requiring that programs have a policy and procedure for extraordinary lifesaving measures; clarify that annual updates to service plans shall include a process of reviewing, updating if necessary, and signing and dating the service plan; require that perishable or potentially hazardous foods be cooked to and held at recommended and safe temperatures; update managed risk policy and consensus agreements so that they may be used when tenant decision making could result in poor tenant outcomes; and also make nonsubstantive changes to make rules easier to read.    The amendments to Chapters 68 and 70 update internal citations to Chapter 67 resulting from the amendments noted above.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 15, 2020, as ARC 4867C. The Department received questions and comments from two sources. One commenter submitted questions related to implementation of Item 2 and the intent of Item 4. Another commenter submitted a suggested change to the language of Item 4. A change has been made to Item 4 to clarify the intent of the amendment.Adoption of Rule Making    This rule making was adopted by the Department on February 21, 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 481—Chapter 6.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on April 15, 2020.    The following rule-making actions are adopted:

    The Boiler and Pressure Vessel Board hereby amends Chapter 90, “Administration of the Boiler and Pressure Vessel Program,” and Chapter 91, “General Requirements for All Objects,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 89.14.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 89.Purpose and Summary    These amendments adopt by reference the most recent versions of national consensus codes pertaining to boilers and pressure vessels. Adoption of the new codes is due to significant changes concerning the design, manufacture, installation, and inspection requirements. Due to the quantity and wide range of the revisions, please contact the Division of Labor Services with any specific questions.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 15, 2020, as ARC 4863C. 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 February 20, 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 875—Chapter 81.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 15, 2020.    The following rule-making actions are adopted:

    The Board of Medicine hereby amends Chapter 2, “Public Records and Fair Information Practices,” rescinds Chapter 16, “Student Loan Default or Noncompliance,” and amends Chapter 20, “Licensure of Genetic Counselors,” and Chapter 23, “Grounds for Discipline,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 147.76 and 2019 Iowa Acts, Senate File 304.State or Federal Law Implemented    This rule making implements, in whole or in part, 2019 Iowa Acts, Senate File 304.Purpose and Summary    During the 2019 Legislative Session, changes were made to the Iowa Code that resulted in the repeal of Iowa Code sections 261.121 through 261.127 on July 1, 2019, and prohibited the suspension or revocation of a license issued by the Board to a person who is in default or is delinquent on repayment or a service obligation under federal or state postsecondary educational loans or private services-conditional postsecondary tuition assistance solely on the basis of such default or delinquency. This rule making implements the legislative changes as they pertain to the licensing of physicians, surgeons, acupuncturists, and genetic counselors in Iowa.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 4806C. A public hearing was held on January 8, 2020, at 9 a.m. at the Board’s office, Suite C, 400 S.W. Eighth Street, Des Moines, Iowa. No one attended the public hearing. No public comments were received. One change from the Notice has been made to add a rule implementation sentence to new rule 653—23.2(272C).Adoption of Rule Making    This rule making was adopted by the Board 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    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 653—Chapter 3.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on April 15, 2020.    The following rule-making actions are adopted:

    The Board of Medicine hereby amends Chapter 11, “Continuing Education and Training Requirements,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 272C.2.State or Federal Law Implemented    This rule making implements, in whole or in part, 2019 Iowa Acts, House File 731.Purpose and Summary    During the 2019 Legislative Session, Iowa Code sections 232.69 and 235B.16 were amended to revise the training requirements for persons required to report child abuse and dependent adult abuse. Those amendments direct the Iowa Department of Human Services to create and provide this training and increase the frequency with which this training must be completed. This rule making implements this legislation as it pertains to physicians, surgeons, acupuncturists, and genetic counselors licensed by the Board.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 18, 2019, as ARC 4820C. A public hearing was held on January 8, 2020, at 9 a.m. at the Board’s office, Suite C, 400 S.W. Eighth Street, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board 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    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 653—Chapter 3.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on April 15, 2020.    The following rule-making actions are adopted:

    The Board of Medicine hereby amends Chapter 18, “Military Service and Veteran Reciprocity,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 272C.2.State or Federal Law Implemented    This rule making implements, in whole or in part, 2019 Iowa Acts, House File 288.Purpose and Summary    During the 2019 Legislative Session, a change was made to the Iowa Code to require agencies to establish procedures to expedite the licensing of an individual who is licensed in a similar profession or occupation in another state and who is the spouse of an active duty member of the military forces of the United States. These amendments implement this change as it pertains to physicians, surgeons, acupuncturists, and genetic counselors.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 18, 2019, as ARC 4805C. A public hearing was held on January 8, 2020, at 9 a.m. at the Board’s office, Suite C, 400 S.W. Eighth Street, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board 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    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 653—Chapter 3.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on April 15, 2020.    The following rule-making actions are adopted:

    The Board of Social Work hereby amends Chapter 280, “Licensure of Social Workers,” and Chapter 281, “Continuing Education for Social Workers,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 154C.4.State or Federal Law Implemented    This rule making implements, in whole or in part, 2019 Iowa Acts, House File 606, and 2019 Iowa Acts, House File 731.Purpose and Summary    This rule making implements 2019 Iowa Acts, House File 606, which required the Board to not limit the number of hours of continuing education licensees can earn online, and 2019 Iowa Acts, House File 731, which changed Iowa’s mandatory reporting requirements. The amendments to Chapter 281 remove the Board’s requirement that no more than 12 hours of continuing education can be completed via independent study. The amendment to Chapter 280 changes the mandatory reporting rule to coincide with changes passed in House File 731.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 23, 2019, as ARC 4727C. A public hearing was held on November 12, 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 February 10, 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 15, 2020.    The following rule-making actions are adopted:

    The Board of Athletic Training hereby amends Chapter 351, “Licensure of Athletic Trainers,” 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 as amended by 2019 Iowa Acts, House File 731.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 for certain professionals. This rule making amends the Board’s requirements for mandatory training in child and dependent adult abuse to reflect the statutory changes and requires that athletic trainers who must make reports for child and dependent adult abuse comply with the training requirements provided in the amended Iowa Code sections 232.69 and 235B.16 every three years. This rule making also updates subrule 351.9(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 October 9, 2019, as ARC 4690C. A public hearing was held on October 29, 2019, at 10 a.m. in the Fifth Floor Board 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 December 10, 2019.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    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 15, 2020.    The following rule-making action is adopted:

    The Iowa Telecommunications and Technology Commission hereby amends Chapter 1, “Description of Organization,” rescinds Chapter 8, “Scheduling Disputes,” and amends Chapter 15, “Advisory Councils, Committees and Groups,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 8D.3(3)“b.”State or Federal Law Implemented    This rule making implements, in whole or in part, 2019 Iowa Acts, Senate File 367.Purpose and Summary    This rule making implements the statutory changes made by 2019 Iowa Acts, Senate File 367, by eliminating rules associated with the Education Telecommunications Council and the Regional Telecommunications Councils. These entities were eliminated by Senate File 367.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 28, 2019, as ARC 4626C. 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 20, 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, pursuant to 751—Chapter 9.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 15, 2020.    The following rule-making actions are adopted:

    The Department of Transportation hereby amends Chapter 117, “Outdoor Advertising,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 306B.3, 306C.11, 306D.4 and 307.12.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 306B and 306C; Iowa Code section 306D.4; 23 U.S.C. 131; and 23 CFR 750.705(h).Purpose and Summary    This rule making amends Chapter 117 and concerns the regulation of outdoor advertising signs on private property. The amendments ease some placement restrictions for companies that are applying for new sign locations, remove all fees for signs measuring 32 square feet or less, and alter the method used to determine when a sign is destroyed. The following paragraphs explain the amendments in more detail:    Definitions. The amendments add definitions of “destroyed” and “widening” due to the changes included within subrule 117.5(5) and new subrule 117.6(10).    The definition of “modification” is amended to exclude situations where the trim on the advertising sign has been reduced or eliminated. Modern industry practice is to use less trim than was used for the advertising signs constructed in the 1970s and 1980s. Provided the actual copy size for the advertisement remains the same, the size of the trim is not a factor that will be used to determine if a sign has been modified. This exclusion will eliminate the cancellation of a permit for a reason which is not of substantial importance.    The definition of “nonconforming sign” is amended to more accurately reflect the definition in the Code of Federal Regulations (CFR). The current definition narrows the eligible situations to only those regarding size and spacing requirements. In contrast, 23 CFR 750.707(b) and 23 CFR 750.707(d)(4) include all legally erected and lawfully maintained signs which subsequently fail to meet state requirements. The Department has followed the more inclusive and traditionally accepted definition of “nonconforming” set forth in the federal regulations.    Effect of scenic byways. This rule making amends paragraph 117.3(1)“l” to state that although the erection of advertising signs is prohibited along scenic byways, the signs that already exist at the time a highway is designated as a scenic byway may remain in existence subject to normal permitting requirements. Federal law, 23 U.S.C. 131(s), prohibits the erection of new advertising signs, not the continued maintenance and permitting of signs already in existence along the scenic byways.    LED sign spacing. The amendments make changes to subrule 117.5(5) to establish the same spacing requirements for LED signs as standard traditional signs. The Federal Highway Administration conducted an eye-glance tracking study which found that overall attention to the forward roadway was not decreased when properly regulated LED signs were present in the surrounding environment. Therefore, a more restrictive spacing standard for LED signs is not necessary. LED signs, however, will continue to be regulated by subrule 117.3(1) so that messages do not flash, scroll, move, or change at a rate of less than eight seconds per message in accordance with the federal guidance issued in September 2007.    Spacing requirements between interchanges. This rule making amends subrule 117.5(5) concerning areas between interchanges where continuous acceleration and deceleration lanes exist. Rather than having these areas completely blocked out for advertising purposes, this amendment will make these areas eligible for permitting provided that the placement of the sign is not within 250 feet of the point at which lanes join/separate with the mainline. This standard will be more consistent with the rest of the subrule because only 250 feet is protected from the ramp taper in cases where the ramp does taper to a close. Driver attention at places where merging is necessary is likely higher than where merging is not required. Therefore, a more restrictive standard for the latter does not serve a compelling safety interest, and it is not required by federal law. Due to these amendments to subrule 117.5(5), a definition of “widening” is added in rule 761—117.1(306B,306C) to describe the point where the measurement begins for the 250 feet of protection for each scenario.    Applications required for each face. This rule making amends subrule 117.6(1) so that, without exception, permits are required for each face of an advertising sign. The original purpose behind allowing owners of smaller signs to obtain just one permit for a sign with a face on each side was to cap the fees (initial fee and annual renewal fee) to one permit only. However, because of the amendments to subrule 117.6(2) to completely exempt owners of small signs from any fees at all, there is less of a need to retain this exception. In addition, the Department’s electronic permitting system associates a unique permit number for each sign face for billing and spacing purposes.    Exempt fees for small signs. This rule making amends subrule 117.6(2) to exempt fees for applications and renewals for small signs measuring 32 square feet or less. Currently, any sign, regardless of size, is subject to the initial application fee of $100 per face and the annual renewal fees in accordance with the fee and size schedule in subrule 117.6(2). Application and renewal fees are intended to help cover the cost of field reviews and program administration, but the effect of not charging fees for signs of this size will be minimal because so few applications are received. Small business operators who use small signs for advertising will be able to obtain permits in conforming areas at no charge. Local permit fees may vary.    Outdoor advertising permits—not transferrable and protection of property rights. The amendments add a sentence to subrule 117.6(3) to make clear that permits are not transferrable to other advertising signs or to other locations. While it is rare, Department staff have found permit plates which have been moved from one sign to another, or signs (with permit plates attached) moved to other locations. The application forms identify a precise location and the subsequent field reviews by Department staff are conducted to ensure that location requirements are met.    Language is also added to subrule 117.6(3) for the protection of property rights (for advertising purposes) when highway improvement projects are pending. Currently, if a highway improvement project is planned and the future design will result in a change in eligibility of an area for the issuance of advertising permits, those issuances cease once the Department completes the plans for the project and appraisers and buyers begin to contact property owners for the acquisition of additional right-of-way. Because this process can occur months or years in advance of the actual construction work, property owners and sign companies are being prevented from what could be construed as a legal use of property at the time the application is made. The new language narrows the window of time for denials so that permits may be issued for conforming locations up until the time when contact occurs with the property owner for the purposes of acquiring the additional right-of-way at the site of the proposed sign.    Destroyed sign. This rule making adds new subrule 117.6(10), which alters the method of handling for signs which have been damaged by storms. The Federal Highway Administration requires states to have a method of determining when a nonconforming sign is destroyed and to have it removed. Existing protocol for Iowa is to assess damage following a storm to see if the repair cost for damaged plywood, poles, stringers, vinyl wrap, light ballasts, etc., exceeds 60 percent of the replacement cost (see definition of “reconstruction” in Iowa Code section 306C.10). If so, the permit is subject to cancellation and, if the area is not conforming, removal of the sign must follow. Damage assessments are labor intensive, are subjective, and cause delays in repairs, which can frustrate companies, landowners, and advertisers. In recent years, the Federal Highway Administration has worked with state regulators and stakeholders (Scenic America and Outdoor Advertising Association of America) to develop an easy “bright line” to follow instead of using the more common method of having regulators sort through damaged parts to determine whether they are reusable and attempt to assign values to those parts, which may be cause for litigation. This new method involves a simple count of the broken support poles to determine if a given percentage of the total is reached. If so, the sign is considered destroyed. A definition of “destroyed” (60 percent of supports broken) is added in rule 761—117.1(306B,306C), which falls within the Federal Highway Administration’s recommended guidelines. New subrule 117.6(10) is added to replace the existing method of determining when a permit needs to be revoked and a sign needs to be removed.    Finally, the amendments amend the chapter’s implementation sentence to include references to Iowa Code section 306D.4, 23 U.S.C. 131, and 23 CFR 750.705(h).Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 15, 2020, as ARC 4868C. No public comments were received. An additional item, Item 11, was added to correct a cross reference within subrule 117.7(3). The subsequent items were then renumbered as appropriate.Adoption of Rule Making    This rule making was adopted by the Department on February 19, 2020.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Although applications for advertising signs measuring 32 square feet or less in size will no longer be subject to fees, the average annual number of new advertising signs erected for this size has been fewer than five for the last eight years. Therefore, the effect to the Highway Beautification Fund will be minimal. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on April 15, 2020.    The following rule-making actions are adopted:

    The Department of Transportation hereby amends Chapter 400, “Vehicle Registration and Certificate of Title,” and Chapter 425, “Motor Vehicle and Travel Trailer Dealers, Manufacturers, Distributors and Wholesalers,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 307.12.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 321.466 as amended by 2019 Iowa Acts, House File 769, section 4; section 322C.4 as amended by 2019 Iowa Acts, House File 391; chapter 322C as amended by 2019 Iowa Acts, Senate File 435, sections 2 to 8; and section 633A.4604 as amended by 2019 Iowa Acts, Senate File 112.Purpose and Summary    The amendments to Chapters 400 and 425 correct the name of the Vehicle and Motor Carrier Services Bureau and conform the rules with 2019 Iowa Acts, House File 391; 2019 Iowa Acts, House File 769, section 4; 2019 Iowa Acts, Senate File 112; and 2019 Iowa Acts, Senate File 435, sections 2 to 8. The specific Iowa Acts referenced amend Iowa Code sections related to certification of trust documents accepted for vehicle transactions, special farm truck weights, towable recreational vehicle dealers and surety bond amounts for towable recreational vehicle dealers. The following paragraphs further explain the amendments.    Towable recreational vehicles. This rule making amends rule 761—400.2(321) to provide that for purposes of registration and titling under Chapter 400 and Iowa Code chapter 321, a towable recreational vehicle as defined in Iowa Code section 322C.2 as amended by 2019 Iowa Acts, Senate File 435, section 2, shall be considered a travel trailer or fifth-wheel travel trailer, as those terms are defined in Iowa Code section 321.1, as applicable.    This rule making amends Chapter 425, regarding motor vehicle and travel trailer dealers, to change the reference to a “travel trailer dealer” to instead reference a “towable recreational vehicle dealer” throughout the chapter and to raise the required surety bond amount for a towable recreational vehicle dealer from $25,000 to $75,000. These amendments align with 2019 Iowa Acts, Senate File 435, sections 2 to 8, and 2019 Iowa Acts, House File 391.    Certifications of trust. This rule making amends subrules 400.4(9) and 400.14(3) relating to vehicle transaction applications by a trust and vehicle ownership by a trust to incorporate provisions related to certification of trust documents under Iowa Code section 633A.4604 as amended by 2019 Iowa Acts, Senate File 112. The legislation provides that a certification of trust must be signed by a currently acting trustee or the attorney of an acting trustee. Prior to the legislation, the certification of trust was required to be signed by all the currently acting trustees. The intent of the legislation is to make it easier for a single trustee to conduct the business of the trust without requiring the signature of all trustees, and that is also the goal of these amendments in implementing the signature requirements when a vehicle is owned by a trust.    Special farm truck weights. This rule making amends rule 761—400.47(321) relating to special farm truck weights to incorporate the requirements in Iowa Code section 321.466(4) as amended by 2019 Iowa Acts, House File 769, section 4, providing that the gross weight of a special farm truck operating on a public highway shall not exceed the maximum gross weight allowed under Iowa Code section 321.463(6).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 4770C.     The Department received comments from the Iowa State Bar Association concerning the Department’s proposed amendments to subrule 400.4(9) and paragraph 400.14(3)“b.”    The Iowa State Bar Association felt that the proposed amendments made it appear as if the Department would only require one signature on an application or title for a vehicle owned by a trust, even if the trust or certification of trust document required multiple trustees to sign all documents on behalf of the trust. Because the proposed amendments were not meant to subvert the intent of the trust by requiring fewer signatories than are required, the Department is making additional changes to subrule 400.4(9) and paragraph 400.14(3)“b” to incorporate the edits suggested by the Iowa State Bar Association, which also clarify that the applicant or transferor shall provide the document specifying the required signatories for the trust to the Department, and that if neither document specifies the required signatories, then the Department may accept the signature of any trustee or attorney for the trustee. Adoption of Rule Making    This rule making was adopted by the Department on February 11, 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 person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on April 15, 2020.    The following rule-making actions are adopted:

    The Department of Transportation hereby amends Chapter 511, “Special Permits for Operation and Movement of Vehicles and Loads of Excess Size and Weight,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 321E.15.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 321.463, 321E.2, 321E.3, 321E.7, 321E.9, 321E.14 and 321E.26, and 2019 Iowa Acts, Senate File 629, sections 1 and 3 to 6.Purpose and Summary    This rule making updates Chapter 511 to align the rules with Iowa Code section 321.463 and chapter 321E as amended by 2019 Iowa Acts, Senate File 629, sections 1 and 3 to 6.    The amendments establish the new annual raw forest products permit rule as required by Iowa Code section 321E.26, which was newly enacted by 2019 Iowa Acts, Senate File 629, section 6. Annual raw forest products permits are issued for vehicles transporting divisible loads of raw forest products when the weight of the vehicle exceeds the statutory limits. As provided in the Iowa Code, a vehicle traveling under this permit is not authorized to travel on the interstate and must contact the appropriate local authority for route approval to use this permit on county roads or city streets.    Additionally, the amendments align the Department’s rules with the Iowa Code by adding a new definition of “raw forest products,” incorporating the new statutory $175 permit fee for divisible loads of raw forest products, and subjecting a vehicle operating under the annual raw forest products permit to the same maximum axle weights and permitted tandem axle weights as the annual oversize/overweight permit.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 15, 2020, as ARC 4869C. 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 19, 2020.Fiscal Impact     The Department issued 109 raw forest products permits from July 1, 2019, through January 29, 2020, with a resulting revenue amount of approximately $19,211. Based on the current number of permits issued and the nature of this small industry, the Department does not anticipate a revenue impact that would exceed $100,000 annually or $500,000 over five years. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on April 15, 2020.    The following rule-making actions are adopted:

    The Department of Transportation hereby amends Chapter 607, “Commercial Driver Licensing,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 307.12, 321.180, 321.187, 321.188 and 321.449.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 321.1(69) as amended by 2019 Iowa Acts, House File 499, section 1; section 321.180; section 321.187 as amended by 2019 Iowa Acts, House File 418, section 1; section 321.188 as amended by 2019 Iowa Acts, House File 418, sections 2, 3, 6 and 7; and section 321.449 as amended by 2019 Iowa Acts, House File 418, section 4.Purpose and Summary     This rule making conforms Chapter 607 with 2019 Iowa Acts, House File 418, sections 1 to 4 and 6 and 7, related to compliance with federal regulations regarding entry-level driver training (ELDT), the national drug and alcohol clearinghouse (DACH), third-party commercial driver’s license (CDL) skills test examiners, and federal driver age qualifications. Additionally, the amendments align the Department’s rules with existing legal authority and Department practice, eliminate outdated or irrelevant requirements or options and accommodate modern procedures. The following paragraphs further explain the amendments:    ELDT. The existing rules relating to adoption of federal regulations, CDL classes, CDL endorsements and commercial learner’s permits (CLPs) are amended to add references to the Federal Motor Carrier Safety Administration (FMCSA) regulations addressing ELDT requirements. Iowa Code section 321.188 was amended by 2019 Iowa Acts, House File 418, sections 2 and 6, to provide that ELDT requirements apply to an applicant for a CDL if required by federal regulations. Federal regulations currently state that effective February 7, 2020, an applicant applying for a Class A or Class B CDL, an upgrade of the applicant’s CDL, or a hazardous material (H), passenger (P), or school bus (S) endorsement for the first time will be required to complete ELDT prior to taking the applicable CDL knowledge test or skills test. ELDT consists of knowledge (theory) training and behind-the-wheel (BTW) skills training. However, since the legislation was enacted during the 2019 Legislative Session, the Department was notified by FMCSA that FMCSA is seeking a delayed effective date of February 7, 2022, for the requirement for a state driver licensing agency to verify completion of ELDT prior to administering the applicable CDL knowledge or skills test. This delay would not require a change to the underlying legislative language as the language is contingent on whether the provision is required by federal regulation.     DACH. The rule relating to application for a CDL already requires a CDL applicant to comply with the requirements of Iowa Code section 321.188, but that Iowa Code section was amended by 2019 Iowa Acts, House File 418, sections 3 and 7, to incorporate the federal requirement that state driver licensing agencies check the DACH for violations prior to issuing a CDL if required by federal regulations. The DACH is a database operated by FMCSA that will contain information about violations of FMCSA’s drug and alcohol testing program for CDL holders. The requirement for the Department to check the DACH prior to issuing a CDL was set to take effect January 6, 2020. However, since the legislation was enacted during the 2019 Legislative Session, the Department was notified by FMCSA that FMCSA is seeking a delayed effective date of January 6, 2023, for the requirement for a state driver licensing agency to query the DACH. Again, the delay would not require a change to the underlying legislative language as the language is contingent on whether the provision is required by federal regulation.    CDL driver age qualifications. The rule establishing CDL requirements is amended to align with Iowa Code section 321.449 as amended by 2019 Iowa Acts, House File 418, section 4, which gave the Department authority to adopt rules authorizing an 18-year-old to obtain an interstate CDL once federal law allows it. Currently, federal regulations do not permit a person less than 21 years old to operate a commercial motor vehicle (CMV) between states (interstate) unless an exception under the federal regulations applies. Iowa Code currently does allow an 18-year-old to operate a CMV within Iowa (intrastate) only. However, there has been movement at the federal level to broadly amend the driver age qualifications law to lower the current age for an interstate CDL driver from 21 years old to 18 years old. While the federal law has not changed yet, the amendment to the rule cross-references the driver age qualifications in the federal regulations and Iowa Code, thereby allowing an adjustment to the age requirement for an interstate CMV driver if the federal law is changed in the future to allow 18-year-old CMV drivers in interstate commerce.    Hazardous material endorsement. The hazardous material endorsement rule is amended to add references to the federal regulations governing the requirements for obtaining and retaining the endorsement. The amendments also provide that the exception for retesting and paying the fee for the hazardous material endorsement applies if the applicant is intending to transfer the applicant’s CDL and provides evidence of passing the knowledge test in another state within the preceding 24 months, as allowed by federal regulations.    Waiver of CDL knowledge test for military members. The CDL knowledge test rule is amended to add a new subrule addressing waiver of the knowledge test for an applicant who is a current or former military service member. Iowa Code section 321.188 provides that the Department shall adopt rules to administer the CDL program in compliance with federal regulations, and 49 CFR Section 383.77 was recently amended to provide that the Department may waive the CDL knowledge test for an applicant who is regularly employed or was regularly employed within the past year in a military position as outlined in the regulation and operated a vehicle representative of the CMV the applicant expects to operate. The Department already has the authority to waive a CDL skills test for a current or former military service member and, under this rule making, also has the ability to offer a waiver of the knowledge test.    CDL skills test vehicles. The rule regarding representative vehicles used for the CDL skills test is amended to provide that an applicant seeking a tank endorsement must take the CDL skills test in a representative vehicle, such as a Class A, Class B, or Class C CMV, but the representative vehicle does not necessarily need to include a tank as tank vehicles are harder to gain access to and any tank vehicle containing flammable or hazardous materials must be purged of any contents prior to the CDL skills test. The amendments also align the rule with the Department’s current process for an applicant seeking to remove a manual transmission restriction to require the applicant to take only the on-road segment of the CDL skills test, rather than all three segments of the CDL skills test.    CDL retests. The rule relating to CDL skills retests are amended to include the requirement to repeat a CDL skills or knowledge test if the Department determines the test was improperly administered, for example, as the result of an audit.     Third-party CDL skills test examiners. The rule addressing CDL skills tests administered by a third party is amended to conform with Iowa Code section 321.187 as amended by 2019 Iowa Acts, House File 418, section 1, which added an “Iowa nonprofit corporation that serves as a trade association for Iowa-based motor carriers” to the list of entities authorized to perform third-party CDL skills tests. This change will provide additional opportunities for applicants to receive the skills test necessary to obtain a CDL. The amendments also align with 49 CFR Section 383.75, which provides an exception to a third-party skills test examiner’s certificate revocation for failure to perform at least ten skills tests per year if the examiner provides proof of completion of the examiner refresher training or successfully completes one skills test under the observation of a Department examiner. Finally, the amendments conform with existing Department policy that a third-party skills test examiner may only administer CDL skills tests for the examiner’s primary employer unless the examiner is authorized by the Department to perform CDL skills tests for another county or third-party tester.    CDL knowledge and skills tests for nondomiciled military members. The Department adds a new rule to allow for the ability to perform and transmit CDL knowledge and skills tests for nondomiciled military personnel, as well as the ability to accept the same from another state’s driver’s licensing agency. This rule adopts 49 CFR Section 383.79, which was recently amended to provide that a state may accept an application for a CDL or CLP from a military service member stationed, but not domiciled, in Iowa if the Department has an agreement to accept such applications with the applicant’s state of domicile. Typically, a person can only apply and be tested for a CDL or CLP in the person’s state of domicile. This regulation attempts to address barriers experienced by military members stationed in a state other than the state of domicile. The rule also provides that if a military service member is domiciled in Iowa, but stationed in another state, and applies for a CDL or CLP where the service member is stationed, the Department may accept the application and CDL test results from the other state if the Department has an agreement to do so, and the Department may also issue the CDL or CLP.    Reduction of a lifetime CDL disqualification. This rule is amended to align with the current process for reinstatement of an applicant’s CDL after a lifetime CDL disqualification. A lifetime CDL disqualification is required pursuant to federal regulations in 49 CFR Section 383.51 for certain offenses committed by a CDL holder, for example, when a CDL holder has two operating while intoxicated (OWI) convictions. However, the federal regulations further provide that a CDL holder subject to a lifetime disqualification for certain offenses may be eligible to apply for reinstatement of the person’s CDL if it has been more than ten years since the lifetime disqualification became effective and the person meets certain criteria. A person reinstated under these provisions once is not eligible for reinstatement again if the person subsequently is convicted of any of the disqualifying offenses listed in 49 CFR Sections 383.51(b)(1) through 383.51(b)(8).    CDL disqualification due to fraud. The rule related to CDL disqualifications is amended to add a new subrule that aligns with 49 CFR Section 383.73(k), Iowa Code section 321.201(2)“b,” and the Department’s current process for disqualifying a person’s CDL or CLP if the person is convicted or suspected of fraud related to the testing or issuance of a commercial driving privilege. Upon the Department’s receipt of a person’s conviction for fraud, the person’s CDL shall be disqualified for one year. Upon the Department’s receipt of credible evidence that the person is suspected of committing fraud, the person shall be required to retake the applicable knowledge or skills test and will face a disqualification if the person either fails or does not retake the applicable test.    Restricted CDL. The restricted CDL rule is amended to align with 49 CFR Section 383.3(f)(3)(vi), which states that a person may not hold a restricted CDL and an unrestricted CDL at the same time. However, the regulations do not prohibit a person from holding a restricted CDL and a CLP at the same time. The rule relating to self-certification for CDL holders is amended to provide that a restricted CDL holder is required to self-certify of the type of driving the holder intends to undertake while operating a CMV.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 4836C. 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 11, 2020.Fiscal Impact     The fiscal impact to the State of Iowa cannot be determined. The parts of these rules adopting federal regulations were subject to fiscal impact review by FMCSA when enacted and were determined not to be cost prohibitive. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on April 15, 2020.    The following rule-making actions are adopted:

    The Iowa Department of Veterans Affairs hereby amends Chapter 11, “Injured Veterans Grant Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 35A.14.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 35A.14.Purpose and Summary    2019 Iowa Acts, House File 288, amends Iowa Code section 35A.14 related to veteran eligibility for the injured veterans grant program. Veterans no longer have to have been injured in a combat zone to be eligible for the program. This rule making amends rule 801—11.3(35A) to reflect this change.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 4767C. A public hearing was held on December 10, 2019. 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 19, 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.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 15, 2020.    The following rule-making action is adopted: