Bulletin 05-06-2020

Front matter not included
ARC 5030CAttorney General[61]Notice of Intended Action

Proposing rule making related to regulation of physical exercise clubs and providing an opportunity for public comment

    The Attorney General hereby proposes to amend Chapter 26, “Regulation of Physical Exercise Clubs,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 552.20.State or Federal Law Implemented    This rule making implements, in whole or in part, 2000 Iowa Acts, chapter 1021, section 4.Purpose and Summary    The limited purpose of these changes is to remove rules that implemented a statutory provision that has been repealed. Iowa Code section 552.15 mandated that persons operating or intending to operate a physical exercise facility in the state of Iowa register with the Iowa Attorney General’s Consumer Protection Division. This provision was repealed by 2000 Iowa Acts, chapter 1021, section 4. Since the repeal of Iowa Code section 552.15, the rules adopted by the Attorney General concerning that section are no longer good law. Rule 61—26.3(552), Registration, is such a rule. The rule’s continuing presence in the Iowa Administrative Code causes confusion because, though the rule is no longer enforced, persons operating physical exercise facilities are wary of disregarding its written stipulations. Thus, the Attorney General finds it both practical and legally necessary to rescind and reserve rule 61—26.3(552).    In addition, the introductory paragraph of subrule 26.4(7) provides that a physical exercise club shall be provided notice of hearing at its place of business as shown on its registration statement. Now that these entities no longer have to register, it is no longer practical to send notice to these locations. Fortunately, these entities still have to file a copy of their escrow agreements with the Attorney General pursuant to paragraph 26.4(2)“a.” As such, their addresses should still be on file with the Attorney General notwithstanding their lack of registration. Thus, the Attorney General finds it practical and legally necessary to strike the language referencing registration from the introductory paragraph of subrule 26.4(7).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 Attorney General for a waiver of the discretionary provisions, if any. Public Comment     Any interested person may submit comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Office of the Attorney General no later than 4:30 p.m. on May 26, 2020. Comments should be directed to: Jessica Whitney Office of the Attorney General Hoover Building 1305 East Walnut Street Des Moines, Iowa 50319 Email: Jessica.Whitney@ag.iowa.govPublic Hearing    No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    ITEM 1.    Rescind and reserve rule 61—26.3(552).

    ITEM 2.    Amend subrule 26.4(7), introductory paragraph, as follows:    26.4(7) Notice of hearing.  The physical exercise club shall be provided notice of hearing at its place of business as shown on its registration statement. All buyers who have funds in the escrow account shall be provided notice of the hearing at their last-known address with costs assessed to the physical exercise club. Notice of hearing will include:
ARC 5031CCollege Student Aid Commission[283]Notice of Intended Action

Proposing rule making related to loan repayment programs and providing an opportunity for public comment

    The College Student Aid Commission hereby proposes to amend Chapter 24, “Rural Iowa Primary Care Loan Repayment Program,” Chapter 25, “Rural Iowa Advanced Registered Nurse Practitioner and Physician Assistant Loan Repayment Program,” and Chapter 26, “Health Care Loan Repayment Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 261.3.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 261.Purpose and Summary    The proposed amendments specify that distances between cities, corresponding to the definition of “service commitment area,” are measured and verified by calculating the shortest travel distance on paved roads instead of by straight-line distance.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 283—Chapter 7. 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 Commission no later than 4:30 p.m. on May 26, 2020. Comments should be directed to: Mark Wiederspan Executive Director Iowa College Student Aid Commission 475 S.W. Fifth Street, Suite D Des Moines, Iowa 50309-4608 Phone: 515.725.3410 Fax: 515.725.3401 Email: mark.wiederspan@iowa.gov or administrative rules website at rules.iowa.govPublic Hearing    No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    ITEM 1.    Amend rule 283—24.2(261), definition of “Service commitment area,” as follows:        "Service commitment area" means a medically underserved Iowa city with a population of less than 26,000 that is located more than 20 miles from a city with a population of 50,000 or more. Each physician participating in the program must contract with the service commitment area to ensure the service commitment area provides a nonrefundable $20,000 contribution for deposit in the rural Iowa primary care trust fund. Payment of the nonrefundable contribution to the trust fund can be made by, but is not limited to, the following organizations: community agencies, hospitals, medical groups, municipalities, community foundations, local government entities, or other community entities. Locations and distances between cities will be consistently measured and verified by calculating the straight-line distance between main post officesshortest travel distance on paved roads.

    ITEM 2.    Amend rule 283—25.2(261), definition of “Service commitment area,” as follows:        "Service commitment area" means a medically underserved Iowa city with a population of less than 26,000 that is located more than 20 miles from a city with a population of 50,000 or more. Each applicant participating in the program must contract with the service commitment area to ensure the service commitment area provides a nonrefundable $2,000 contribution for deposit in the rural Iowa advanced registered nurse practitioner and physician assistant trust fund. Payment of the nonrefundable contribution to the trust fund can be made by, but is not limited to, the following organizations: community agencies, hospitals, medical groups, municipalities, community foundations, local government entities, or other community entities. Locations and distances between cities will be consistently measured and verified by calculating the straight-line distance between main post officesshortest travel distance on paved roads.

    ITEM 3.    Amend rule 283—26.2(261), definition of “Service commitment area,” as follows:        "Service commitment area" means a city in Iowa with a population of less than 26,000 that is located more than 20 miles from a city with a population of 50,000 or more.Locations and distances between cities will be consistently measured and verified by calculating the shortest travel distance on paved roads.
ARC 5034CNatural Resource Commission[571]Notice of Intended Action

Proposing rule making related to wild turkey hunting and providing an opportunity for public comment

    The Natural Resource Commission (Commission) hereby proposes to amend Chapter 98, “Wild Turkey Spring Hunting,” and Chapter 99, “Wild Turkey Fall Hunting,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 455A.5(6), 481A.38, 481A.39 and 481A.48(1).State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 481A.48(1).Purpose and Summary    Chapter 98 regulates spring wild turkey hunting for both residents and nonresidents, and includes season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and methods of take, and transportation tag requirements. This proposed rule making will amend the start date of the archery-only season to align it with the start date of the combination shotgun-or-archery season. Hunters expect these dates to be the same, and as the rules are currently written, the dates could be different depending on how calendar dates fall.    Chapter 99 regulates fall wild turkey hunting for residents, and includes season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and methods of take, and transportation tag requirements. This proposed rule making raises the combination shotgun-or-archery quota for Zone 8 from 150 to 200. This proposed increase has been evaluated by the State Forest Wildlife Biologist and local Management Biologist and determined to be biologically responsible at this time. Moreover, statewide participation in fall turkey hunting is declining, so it is anticipated that the modest quota increase in Zone 8 will, at best, balance out reduced participation elsewhere.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department of Natural Resources (Department) upon request. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request.Waivers    This rule is subject to the waiver provisions of 571—Chapter 11. 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. 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 May 26, 2020. Comments should be directed to: Chris Ensminger Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: chris.ensminger@dnr.iowa.govPublic Hearing     A public hearing at which persons may present their views orally or in writing will be held via conference call as follows. Persons who wish to attend the conference call should contact Chris Ensminger. A conference call number will be provided prior to the hearing. Persons who wish to make oral comments at the conference call public hearing must submit a request to Chris Ensminger prior to the hearing to facilitate an orderly hearing. May 26, 2020 1 to 2 p.m. Video/conference call Wallace State Office Building     Persons who wish to make oral comments at the public hearing will 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 hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    ITEM 1.    Amend paragraph 98.2(4)"b" as follows:    b.    Archery-only licenses.The season shall be 35 days beginning on thesecond Monday closest toof April 15.

    ITEM 2.    Amend paragraph 99.5(1)"e" as follows:    e.    Zone 8. 150200
ARC 5032CNatural Resource Commission[571]Notice of Intended Action

Proposing rule making related to deer hunting by residents and providing an opportunity for public comment

    The Natural Resource Commission (Commission) hereby proposes to amend Chapter 106, “Deer Hunting by Residents,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 455A.5(6), 481A.39 and 481A.48(1).State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 481A.39 and 481A.48(1).Purpose and Summary    Chapter 106, which governs deer hunting by residents in the state of Iowa, sets regulations for deer hunting and includes season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and methods of take, and transportation and reporting requirements.    This rule making proposes three amendments to Chapter 106. First, general deer licenses would be reestablished as valid in seven counties (Cerro Gordo, Franklin, Grundy, Hancock, Hardin, Winnebago, and Worth) for all seasons, and in all of northwest Iowa for the early muzzleloader season. Deer populations have been steadily increasing in the northwest, allowing for this increase in recreational opportunity for Iowa hunters.    Second, the January antlerless-deer-only season would be rescinded for all counties. Due to a widespread outbreak of Epizootic Hemorrhagic Disease (EHD) in the summer of 2019, deer numbers and harvest have been down across much of the state.    Third, this rule making proposes to modify the resident county antlerless-deer license quotas for a total of 23 counties. Quotas are proposed to be increased in Clayton, Fayette, Floyd, Guthrie, Jackson, Jones, Lee, Mitchell, Tama, Washington, and Winneshiek Counties to reduce deer densities for disease control or to alleviate negative human-deer interactions. Quotas are proposed to be decreased in Adams, Bremer, Fremont, Jefferson, Montgomery, Page, Poweshiek, Ringgold, Taylor, Union, Wapello, and Woodbury Counties to stabilize a healthy local population. Statewide, the overall proposed quota change is an increase of 125.Fiscal Impact     This rule making has no negative fiscal impact to the state of Iowa. A copy of the fiscal impact statement is available from the Department of Natural Resources (Department) upon request.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request.Waivers    This rule is subject to the waiver provisions of 571—Chapter 11. 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. 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 May 26, 2020. Comments should be directed to: Tyler Harms Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: tyler.harms@dnr.iowa.govPublic Hearing     A public hearing at which persons may present their views orally or in writing will be held via conference call as follows. Persons who wish to attend the conference call should contact Chris Ensminger via email at chris.ensminger@dnr.iowa.gov. A conference call number will be provided prior to the hearing. Persons who wish to make oral comments at the conference call public hearing must submit a request to Chris Ensminger prior to the hearing to facilitate an orderly hearing. May 26, 2020 1 to 2 p.m. Video/conference call Wallace State Office Building     Persons who wish to make oral comments at the public hearing will 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 hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    ITEM 1.    Amend paragraph 106.1(1)"a" as follows:    a.    General deer licenses.General deer licenses shall be valid for taking deer in one season selected at the time the license is purchased. General deer licenses shall be valid for taking deer of either sex except in Buena Vista, Calhoun, Cerro Gordo, Cherokee, Clay, Dickinson, Emmet, Franklin, Grundy, Hamilton, Hancock, Hardin, Humboldt, Ida, Kossuth, Lyon, O’Brien, Osceola, Palo Alto, Plymouth, Pocahontas, Sac, Sioux, Webster, Winnebago, Worth and Wright counties during the early muzzleloader or first regular gun season when the general deer license will be valid for taking deer with at least one forked antler. Paid general deer licenses shall be valid statewide except where prohibited in deer population management zones established under 571—Chapter 105. Free general deer licenses shall be valid for taking deer of either sex only on the farm unit of an eligible landowner or tenant in the season or seasons selected at the time the license is obtained.

    ITEM 2.    Rescind and reserve subrule 106.1(6).

    ITEM 3.    Rescind and reserve subrule 106.2(5).

    ITEM 4.    Rescind and reserve subrule 106.4(5).

    ITEM 5.    Rescind and reserve subrule 106.6(4).

    ITEM 6.    Amend subrule 106.6(6) as follows:    106.6(6) Antlerless-deer-only licenses.  Paid antlerless-deer-only licenses will be available by county as follows:CountyQuotaCountyQuotaCountyQuotaAdair 1200Floyd0100Monona850Adams14501200Franklin0Monroe 2250Allamakee 3800Fremont300200Montgomery750500Appanoose 2700Greene0Muscatine775Audubon0Grundy0O’Brien0Benton325Guthrie19502150Osceola0Black Hawk0Hamilton0Page750500Boone 300Hancock0Palo Alto0Bremer400300Hardin0Plymouth0Buchanan 300Harrison850Pocahontas0Buena Vista0Henry925Polk1350Butler 150Howard 450Pottawattamie850Calhoun0Humboldt0Poweshiek300200Carroll0Ida0Ringgold16001400Cass400Iowa450Sac0Cedar775Jackson9751100Scott200Cerro Gordo0Jasper775Shelby 0Cherokee0Jefferson16501500Sioux0Chickasaw375Johnson850Story150Clarke 2400Jones9501100Tama200300Clay0Keokuk450Taylor16001500Clayton38004000Kossuth0Union15001400Clinton400Lee12751500Van Buren 2100Crawford 0Linn850Wapello18251700Dallas1875Louisa 675Warren 2700Davis 1700Lucas 2500Washington7501000Decatur2200Lyon0Wayne 2700Delaware 950Madison 3000Webster0Des Moines800Mahaska475Winnebago0Dickinson0Marion 1850Winneshiek25002700Dubuque 975Marshall150Woodbury400300Emmet0Mills 500Worth0Fayette20002300Mitchell0100Wright0
ARC 5033CNatural Resource Commission[571]Notice of Intended Action

Proposing rule making related to harvesting of certain furbearers and providing an opportunity for public comment

    The Natural Resource Commission (Commission) hereby proposes to amend Chapter 108, “Mink, Muskrat, Raccoon, Badger, Opossum, Weasel, Striped Skunk, Fox (Red and Gray), Beaver, Coyote, River Otter, Bobcat, Gray (Timber) Wolf and Spotted Skunk Seasons,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 455A.5(6), 481A.38, 481A.39 and 481A.87.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 481A.87.Purpose and Summary    Chapter 108 sets the season dates, bag limits, possession limits, and areas open to hunting or trapping furbearers.  This rule making proposes to increase the bag limit for river otters from two per fur harvester to three per fur harvester, add Boone and Webster Counties to the one-bobcat-per-fur-harvester zone, and clarify the total allowable bobcat harvest by a fur harvester in a season.    The bobcat and river otter populations are able to withstand these changes. Population data from the past 12 years reveal that Iowa’s river otter and bobcat populations continue to grow and expand into more counties with suitable habitat. Information about their population trends is derived from a variety of sources, such as hunter surveys, harvest information, tooth age distribution, field reports, and sightings. The proposed amendments are, therefore, biologically responsible, as required by law. Additionally, they will increase recreational opportunities for Iowa fur harvesters while helping minimize social issues associated with high river otter or bobcat densities.Fiscal Impact     The Department of Natural Resources (Department) anticipates a very modest increase in fur harvester license sales from the proposed rule making. Currently, resident fur harvester licenses, with the wildlife habitat fee, are $41 per year. If any additional fur harvester licenses are sold due to this rule making, revenue would be generated for the State Fish and Game Protection Fund. A copy of the fiscal impact statement is available from the Department upon request. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request.Waivers    This rule is subject to the waiver provisions of 571—Chapter 11. 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. 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 May 26, 2020. Comments should be directed to: Vince Evelsizer Iowa Department of Natural Resources Department of Natural Resources 1203 North Shore Drive Clear Lake, Iowa 50428 Email: vince.evelsizer@dnr.iowa.govPublic Hearing     A public hearing at which persons may present their views orally or in writing will be held via conference call as follows. Persons who wish to attend the conference call should contact Chris Ensminger via email at chris.ensminger@dnr.iowa.gov. A conference call number will be provided prior to the hearing. Persons who wish to make oral comments at the conference call public hearing must submit a request to Chris Ensminger prior to the hearing to facilitate an orderly hearing. May 26, 2020 1 to 2 p.m. Video/conference call Wallace State Office Building     Persons who wish to make oral comments at the public hearing will 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 hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    ITEM 1.    Amend subrule 108.7(2) as follows:    108.7(2) Open area.  River otters may be taken statewide. Bobcats may be taken in the following counties: Adair, Adams, Appanoose, Audubon,Boone, Cass, Cedar, Cherokee, Clarke, Clinton, Crawford, Dallas, Davis, Decatur, Des Moines, Fremont, Guthrie, Harrison, Henry, Iowa, Jackson, Jasper, Jefferson, Johnson, Keokuk, Lee, Louisa, Lucas, Lyon, Madison, Mahaska, Marion, Mills, Monona, Monroe, Montgomery, Muscatine, Page, Plymouth, Polk, Pottawattamie, Poweshiek, Ringgold, Scott, Shelby, Sioux, Taylor, Union, Van Buren, Wapello, Warren, Washington, Wayne,Webster, and Woodbury.

    ITEM 2.    Amend subrule 108.7(3) as follows:    108.7(3) Seasonal bag limit.      a.    The seasonal bag limit for river otters is 23 river otters per person.     b.    The seasonal bag limit for bobcats is 1 bobcat per person in the following counties: Audubon,Boone, Cedar, Cherokee, Clinton, Crawford, Dallas, Guthrie, Harrison, Iowa, Jackson, Jasper, Johnson, Lyon, Monona, Muscatine, Plymouth, Polk, Poweshiek, Scott, Shelby, Sioux,Webster, and Woodbury.     c.    The seasonal bag limit for bobcats is 3 bobcats per person in the following counties: Adair, Adams, Appanoose, Cass, Clarke, Davis, Decatur, Des Moines, Fremont, Henry, Jefferson, Keokuk, Lee, Louisa, Lucas, Madison, Mahaska, Marion, Mills, Monroe, Montgomery, Page, Pottawattamie, Ringgold, Taylor, Union, Van Buren, Wapello, Warren, Washington, and Wayne.     d.    No more than 3 bobcats total can be legally harvested by a fur harvester in a season.River otters or bobcats trapped in excess of the seasonal bag limit or in a closed area must be turned over to the department; the trapperfur harvester shall not be penalized.
ARC 5035CHuman Services Department[441]Adopted and Filed

Rule making related to eligibility guidelines

    The Human Services Department hereby amends Chapter 170, “Child Care Services,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 234.6.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 234.6.Purpose and Summary    These amendments update the eligibility guidelines for the Child Care Assistance (CCA) Plus program. The 12-month limit on eligibility is being removed, and the income guidelines are being revised. The definition of “infant and toddler” in the payment rate tables is being revised to include children up to three years old, and the definition of “preschool” is being revised accordingly. This is a time-sensitive matter since the Department is under a federal corrective action plan by the Office of Child Care Assistance and rules need to be in place by July 1, 2020, so that the Department does not incur a fiscal penalty for failure to remove the 12-month limit on eligibility.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 26, 2020, as ARC 4937C. 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 April 8, 2020.Fiscal Impact     The current CCA Plus program is based on an income limit of 85 percent of the state median income limit and is limited to 12 months. The time limit is in conflict with federal regulations. Effective July 1, 2020, the time limit will be eliminated and the eligibility criteria will be reduced to 225 percent of the federal poverty level. Caseloads are projected to temporarily decrease slightly in SFY 2021 as the cases transition to the new eligibility criteria. The change recommended by the Governor to the “infant and toddler” definition is also incorporated in this estimate. $354 is the projected average monthly cost per case for the CCA Plus program for SFY 2021 based on actual costs through December 31, 2019, including the additional cost to the CCA Plus program due to the change to the “infant and toddler” definition. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).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 July 1, 2020.    The following rule-making actions are adopted:

    ITEM 1.    Rescind paragraph 170.2(1)"a" and adopt the following new paragraph in lieu thereof:    a.    Income limits.    (1)   For initial eligibility, an applicant family’s nonexempt gross monthly income as established in paragraph 170.2(1)“c” cannot exceed the amounts in this subparagraph.
  1. 145 percent of the federal poverty level applicable to the family size for children needing basic care; or
  2. 200 percent of the federal poverty level applicable to the family size for children needing special-needs care; or
  3. 85 percent of Iowa’s median family income, if that figure is lower than the standard in numbered paragraph “1” or “2.”
    (2)   For ongoing eligibility, at the time of a family’s annual eligibility redetermination as described in subrule 170.3(5), the family’s nonexempt gross monthly income as established in paragraph 170.2(1)“c” cannot exceed the amounts in this subparagraph.
  1. 225 percent of the federal poverty level applicable to the family size for children needing basic care or special-needs care; or
  2. 85 percent of Iowa’s median family income, if that figure is lower than the standard in numbered paragraph “1.”

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

    ITEM 3.    Amend subparagraph 170.4(7)"a" as follows:    (2)   Under age group, “infant and toddler” shall mean age two weeks to twothree years; “preschool” shall mean twothree years to school age; “school age” shall mean a child in attendance in full-day or half-day classes.    [Filed 4/15/20, effective 7/1/20][Published 5/6/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/6/20.
ARC 5039CProfessional Licensure Division[645]Adopted and Filed

Rule making related to licensure of barbers who complete training while in custody of the department of corrections

    The Board of Barbering hereby amends Chapter 21, “Licensure,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 158.15 and 147.76.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 158.3.Purpose and Summary    2019 Iowa Acts, Senate File 567, section 12, amends Iowa Code section 158.3, which governs the licensure requirements of barbers. This rule making amends the Board’s requirements so that an applicant who completes a barbering apprenticeship training program registered by the Office of Apprenticeship of the United States Department of Labor while committed to the custody of the Director of the Iowa Department of Corrections (DOC) shall be allowed to take the examination for a license to practice barbering.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 4860C. A public hearing was held on February 4, 2020, at 8 a.m. in the Fifth Floor Conference Room 526, Lucas State Office Building, Des Moines, Iowa. The public hearing was attended by representatives of the DOC, who were present to answer questions. 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 March 30, 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 June 10, 2020.    The following rule-making actions are adopted:

    ITEM 1.    Adopt the following new definition of “Apprentice” in rule 645—21.1(158):        "Apprentice" means any person, other than a helper, journeyperson, or master, who is working under the supervision of either a master or a journeyperson and is progressing toward completion of a barbering apprenticeship training program registered by the Office of Apprenticeship of the United States Department of Labor while learning and assisting in the practice of barbering.

    ITEM 2.    Amend paragraph 21.2(1)"a" as follows:    a.    Applicants shall complete a board-approved application form. Application forms may be obtained from the board’s Web site (http://www.idph.state.ia.us/licensure)website (www.idph.iowa.gov/licensure) or directly from the board office. The application and licensure fees shall be sent to the Board of Barbering, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075.

    ITEM 3.    Amend paragraph 21.2(1)"c" as follows:    c.    Applicants shall provide an official copy of the transcript or diploma sent directly from the school to the board showing proof of completion of training at a barber school licensed by the board. If the applicant graduated from a school that is not licensed by the board, the applicant shall direct the school to provide an official transcript showing completion of a course of study that meets the requirements of rule 645—23.8(158).If the applicant completed a barbering apprenticeship training program registered by the Office of Apprenticeship of the United States Department of Labor while committed to the custody of the director of the department of corrections, the applicant shall request the department of corrections to provide an official transcript showing completion of the apprentice program.    [Filed 4/24/20, effective 6/10/20][Published 5/6/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/6/20.
ARC 5038CPublic Health Department[641]Adopted and Filed

Rule making related to licensing

    The Plumbing and Mechanical Systems Board hereby amends Chapter 32, “Plumbing and Mechanical Systems Board—Licensee Discipline,” and Chapter 60, “Plumbing and Mechanical Systems Board—Noncompliance Regarding Child Support, Nonpayment of State Debt, and Noncompliance Regarding Student Loan Repayment,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 105.4.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 105 and 272C; 2019 Iowa Acts, Senate File 304; and 2019 Iowa Acts, Senate File 567.Purpose and Summary    The amendments to Chapter 32 reflect changes made by 2019 Iowa Acts, Senate File 567, which specified when the Board can deny a license. Minor edits and changes are also included.    The amendments to Chapter 60 reflect changes made by 2019 Iowa Acts, Senate File 304, which repealed the sections of the Iowa Code that provided authority for 641—Chapter 195. Chapter 60 currently references 641—Chapter 195, which has been rescinded. The amendments prohibit the suspension or revocation of a license issued by the Board to a person who is in default or is delinquent on student loan repayment or a service obligation.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 26, 2020, as ARC 4943C.    The Board received one comment regarding an objection to changing the wording in subrule 32.2(22) from “professional negligence” to “related profession.” Item 2 of the Notice of Intended Action proposed an amendment to subrule 32.2(22). The amendment would authorize the Board to impose discipline or sanctions for failure to notify the Board within 30 days of any judgment entered on or settlement of a claim or action related to the profession.    The commenter asserted Item 2 of ARC 4943C expanded the types of claims that must be reported to the Board when there is a settlement of or judgment in legal proceedings.  The commenter also asserted the proposed change set forth in Item 2 is problematic because it does not specify the precise legal causes of action that are “related to the profession” within the meaning of the amendment.  The commenter asked whether a breach of contract claim, services work, or a warranty claim would qualify.  The commenter requested that Item 2 of ARC 4943C be withdrawn or that the Board delineate the specific type of claim that should be reported to the Board under the amendment.    Board response:    The Board agrees that Item 2 of ARC 4943C expands the types of judgments or settlements that must be reported to the Board. Indeed, that is the fundamental purpose of Item 2. One of the Board’s purposes is to protect the public, and it must be able to protect the public not just from negligent plumbers and mechanical professionals, but also from deceptive or dishonest ones. A plumber or mechanical professional can harm the public without performing negligently.    The Board declines to establish a specific list of causes of action that must be reported. Agencies must operate with flexibility in their respective areas of expertise. Additionally, the Board may impose discipline for actions or omissions that do not necessarily conform neatly to any single recognized cause of action—for example, the broad phrase “unethical conduct” set forth in Iowa Code section 105.22(3). Ultimately, reporting any judgment or settlement is generally not burdensome.    The Board also declines to answer the commenter’s questions about three specific causes of action as part of the rule-making process. The declaratory order process under Iowa Code section 17A.9 and 641—Chapter 57 remains available to any person seeking the agency’s conclusion as to the applicability to specified circumstances of a rule within the agency’s primary jurisdiction.    No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on April 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 Board for a waiver of the discretionary provisions, if any, pursuant to the Board’s general waiver provisions contained in 641—Chapter 31.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 June 24, 2020.    The following rule-making actions are adopted:

    ITEM 1.    Amend subrule 32.2(5) as follows:    32.2(5)   Conviction of a felony related to the profession or occupation of the licensee or the conviction of any felony that would affect the licensee’s ability to practice within the professionlisted in Iowa Code section 105.22(4). A copy of the record or conviction or plea of guilty shall be conclusive evidence of such conviction.

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

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

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

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

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

    ITEM 6.    Amend 641—Chapter 60, implementation sentence, as follows:       These rules are intended to implement Iowa Code chapters 252J, 272C, and 272D and section 261.126.    [Filed 4/22/20, effective 6/24/20][Published 5/6/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/6/20.
ARC 5036CSecretary of State[721]Adopted and Filed

Rule making related to elections technology security

    The Secretary of State hereby amends Chapter 29, “Elections Technology Security,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted 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. These amendments will bolster election security by requiring county commissioners of elections to uniformly adopt best practices.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on March 11, 2020, as ARC 4965C. Comments were received from a county IT director. Most suggestions were accepted, and minor language changes based on those comments have been made.        Adoption of Rule Making    This rule making was adopted by the Secretary of State on April 15, 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 Secretary of State for a waiver of the discretionary provisions, if any, pursuant to 721—Chapter 10. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on June 10, 2020.    The following rule-making actions are adopted:

    ITEM 1.    Amend subrule 29.3(1) as follows:    29.3(1)   A commissioner who identifies or suspects an actual or possible cybersecurity incident or breach shall immediately report the incidentwithin 24 hours to the state commissioner. Upon receiving the report, the state commissioner shall alert the appropriate state or federal law enforcement agencies,including but not limited to the federalUnited States Department of Homeland Security,Security’s Cybersecurity and Infrastructure Security Agency (CISA) and the OCIO, and the vendor responsible for maintaining the affected technology. The state commissioner may disseminate the information to otherfederal, state, and local agencies, or their designees, as the state commissioner deems necessary.

    ITEM 2.    Adopt the following new rule 721—29.4(47):

721—29.4(47) Election security by the commissioners.      29.4(1)   At the start of each calendar year, the commissioner shall provide to the state commissioner the following information:    a.    The full personnel roster, phone numbers, and email addresses of the commissioner’s office that identify who from the office will participate in election administration in any form throughout the year. This does not include precinct election workers.    (1)   The roster will identify the personnel that the commissioner considers critical to the successful execution of elections.    (2)   The roster will further identify a technical point-of-contact (POC) for the state commissioner. If the commissioner wishes to serve as the POC, the commissioner will also designate an additional POC. The POC needs to be a government employee but does not necessarily need to be a person within the commissioner’s office.    b.    A list of other county employees who may be involved in the event of an incident in the county.    29.4(2)   Every commissioner shall be a member of the Elections Infrastructure Information Sharing and Analysis Center. The state commissioner shall provide information on how to become a member upon request by a commissioner.    29.4(3)   In every odd-numbered year, every commissioner shall request the following services from CISA. The state commissioner shall provide information on how to request services upon request by a commissioner. A commissioner, with prior written approval from the state commissioner, may choose to use a vendor other than CISA for substantively similar services. A failure of CISA to provide properly requested services to a commissioner does not constitute a technical violation for purposes of Iowa Code section 39A.6.    a.    Cyber resilience review.    b.    Risk and vulnerability assessment.    c.    External dependencies management assessment.    d.    Remote penetration testing.    e.    Protective security assessment.    29.4(4)   Every commissioner shall utilize the following services from OCIO. The state commissioner shall provide information on how to request services upon request by a commissioner. A commissioner, with prior written approval from the state commissioner, may choose to use a vendor other than OCIO for substantively similar services. A failure of OCIO to provide properly requested services to a commissioner does not constitute a technical violation for purposes of Iowa Code section 39A.6.    a.    Intrusion detection system.    b.    Endpoint malware detection.    c.    Cybersecurity training, including phishing assessments.    d.    Vulnerability management.    29.4(5)   Every commissioner shall request a weekly vulnerability scanning by CISA.    29.4(6)   A commissioner shall remediate all critical or high-risk vulnerabilities identified by any assessment.    29.4(7)   The state commissioner may require every commissioner and commissioner’s staff to participate in phishing assessments.    29.4(8)   Commissioners may choose to participate in any other assessments or testing from vendors approved by the state commissioner. Commissioners shall notify the state commissioner when any assessments are scheduled.    29.4(9)   The state commissioner may require a commissioner and commissioner’s staff to participate in any assessment or training that the state commissioner arranges.    29.4(10)   A commissioner shall use only county-issued email for the conduct of elections. This applies to all full-time and part-time staff of the commissioner as well as the commissioner. No other email addresses are permitted for full-time and part-time employees of the county who assist in any part of the administration or security of elections for the conduct of elections. However, this does not apply to precinct election officials who are not normally employed by the county on a regular basis in another capacity. This prohibition includes forwarding election business emails to a personal email address. This does not include out-of-band emails created and authorized as a part of a continuity of government plan or an incident response plan.    29.4(11)   Any county information technology infrastructure that is used to access or conduct any part of elections in the state is subject to the following requirements:    a.    Passwords to access the county network must be compliant with the standards enumerated by either the National Institute of Standards and Technology, the OCIO, or guidance issued by the state commissioner.    b.    Session-lock timeout standards must be compliant with the standards enumerated by either the National Institute of Standards and Technology or guidance issued by the state commissioner.    c.    A current inventory of IT assets assigned to the commissioner’s office shall be kept.    d.    Daily, weekly and monthly data backups within the commissioner’s office will be maintained and physically or logically separated from production data.     29.4(12)   The website of a commissioner shall have a top-level domain of “.gov” and shall utilize secure socket layer or transport layer security certificates for all publicly facing websites. A commissioner’s agreement with OCIO to use a subdomain of “.iowa.gov” is sufficient to satisfy this requirement. A commissioner’s site that redirects traffic from a different top-level domain to a “.gov” domain is sufficient to satisfy this requirement.    29.4(13)   If the state commissioner is satisfied that a county has an adequate alternative to any requirement in this rule, the state commissioner may waive that requirement. It is the sole discretion of the state commissioner whether a county qualifies for a waiver.    29.4(14)   Except where otherwise exempted, failure by a commissioner to follow these rules constitutes a technical violation pursuant to Iowa Code section 39A.6.

    ITEM 3.    Adopt the following new rule 721—29.5(47):

721—29.5(47) Emergency or incident response plans.      29.5(1)   Every commissioner shall have an election security incident response plan. A commissioner whose election-specific plan is part of a larger county-level emergency response plan, continuity of government plan, or incident response plan satisfies this requirement.    29.5(2)   Every commissioner shall review the plan at least annually and make updates as necessary.    29.5(3)   A commissioner shall provide the plan to the state commissioner at the state commissioner’s request.    29.5(4)   Information shared under this rule shall retain protection as a nonpublic, confidential record pursuant to Iowa Code section 47.1(6).

    ITEM 4.    Adopt the following new rule 721—29.6(47):

721—29.6(47) Social media accounts.      29.6(1)   A commissioner using a social media account for official elections-related communication shall request “verified” or similar recognition. The state commissioner shall provide information on the subject upon request by a commissioner.    29.6(2)   A commissioner using a social media account shall protect the account using multifactor authentication.    29.6(3)   The state commissioner may require that commissioners use additional security measures for social media accounts, based on emerging best practices.
    [Filed 4/16/20, effective 6/10/20][Published 5/6/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/6/20.
ARC 5037CWorkforce Development Department[871]Adopted and Filed

Rule making related to unemployment benefits insurance

    The Director of the Workforce Development Department hereby amends Chapter 24, “Claims and Benefits,” and Chapter 25, “Benefit Payment Control,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted 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 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 ensures 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.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on March 11, 2020, as ARC 4958C. The Notice was reviewed by the Administrative Rules Review Committee at its meeting held on April 3, 2020. A Committee member asked if a credit card fee is assessed, and it was confirmed that a fee is assessed and that notice of the assessment of the fee is provided to the claimant. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Director of the Department on April 15, 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 June 10, 2020.    The following rule-making actions are adopted:

    ITEM 1.    Amend subrule 24.13(1) as follows:    24.13(1) Procedures for deducting payments from benefits.  Any payment defined under subrules 24.13(2) and 24.13(3) made to an individual claiming benefits shall be deducted from benefits in accordance with the following procedures until the amount is exhausted; however, vacation pay which is deductible in the manner prescribed in rule 871—24.16(96) shall be deducted first when paid in conjunction with other deductible payments described in this rule unless otherwise designated by the employer. The individual claiming benefits is required to designate the last day paid which may indicate payments made under this rule. The employer is required to designate on the Form 65-5317, Notice of Claim response, the amount of the payment and the period to which the amount applies. If the individual or the employer does not designate the period to which the amount of the payment applies, the unemployment insurance representative shall determine the days following the effective date of the claim to which the amount of the payment applies by dividing the amount of the payment by the individual’s average weekly wage during the highest earnings quarter of the individual’s base period. The amount of any payment under subrule 24.13(2) shall be deducted from the individual’s weekly benefit amount on the basis of the formula used to compute an individual’s weekly benefit payment as provided in rule 871—24.18(96)not to exceed five workdays following the separation date of employment. If the employer reports vacation pay in more than one format and the effect on the benefit payment varies depending on how the vacation pay is applied, the unemployment insurance representative shall apply the vacation pay to the individual’s weekly benefit payment by dividing the amount of the payment by the individual’s average weekly wage during the highest earnings quarter of the individual’s base period.If the claimant received vacation pay under rule 871—24.16(96), the maximum number of days the vacation pay shall be applied is five workdays following the separation date. The first day the vacation pay can be applied is the first workday after the separation. The amount of any payment under subrule 24.13(3) shall be fully deducted from the individual’s weekly benefit amount on a dollar-for-dollar basis.

    ITEM 2.    Amend paragraph 24.17(1)"d" as follows:    d.    The claimant shall be instructed to only report vacation pay applicable to the first five workdays following the last date worked. The claimant shall also be instructed that vacation pay designated by the employer in excess of one weekthe vacation pay the claimant reported may result in an overpayment of benefits.

    ITEM 3.    Amend subrule 24.19(2) as follows:    24.19(2)   Each interested party will be afforded the opportunity to have a fact-finding interview by telephoneprovide information to the department regarding matters which are scheduled for a hearingawaiting decision to determine eligibility.A telephone fact-finding interview may be set up upon request of either interested party. The request must be received or postmarked within seven calendar days of the notice of claim being issued. An interested party may request an in-person fact-finding interview as a reasonable accommodation under the federal Americans with Disabilities Act of 1990, as amended, or the Iowa Civil Rights Act of 1965, as amended. The department shall reserve the right to call any interested party in for an in-person fact-finding interview.

    ITEM 4.    Amend subrule 25.8(1) as follows:    25.8(1) Good faith overpayment.  If an individual has acted in good faith in claiming benefits for any week and it is later determined that the individual was not entitled to receive the benefits, the department shall recover the overpayment of benefits either by having a sum equal to the overpayment deducted from any future benefits payable to the individual or by having the individual pay to the department a sum equal to the overpayment. During a benefit year in which the maximum benefit amount has been paid or the maximum number of weeks has been paid and an overpayment is established for any benefits paid that the individual was not entitled to during that benefit year, no additional benefits will be payable to offset the overpayment. The department shall mailissue the overpayment decision to the claimant’s last-known addressor through the claimant’s preferred contact method. Once the overpayment amount has been established, an overpayment schedule shall be set up to leave a proper audit trail even if the claimant pays to the department a sum equal to the overpayment.    a.    The department shall mail a first statement of overpayment to the claimant’s last-known address. This statement will request full repayment in the form of a negotiable check, money order, credit card payment, or bank draft payable to the Department of Workforce Development.    b.    If a claimant fails to respond to the first statement of overpayment, a demand letter shall be sent 30 days later. The demand letter notifies the claimant that full repayment must be made. If the claimant cannot make full repayment, the department will consider a monthly repayment agreement.    c.    Rescinded IAB 10/15/03, effective 11/19/03.    d.    If an individual has acted in good faith and is without fault in claiming federal unemployment compensation under any of the following programs:    (1)   Unemployment Compensation Federal Employees (UCFE)    (2)   Unemployment Compensation Ex-servicemembers (UCX)    (3)   Trade Readjustment Allowances (TRA)    (4)   Disaster Unemployment Assistance (DUA)and it is subsequently determined that the individual is not entitled to the benefits, the department shall have the right to recover the benefits in accordance with the procedure outlined in subrule 25.8(1). Any federal unemployment compensation overpayments recovered shall be credited to the appropriate account of the United States. Three years after the instance of the federal unemployment compensation overpayment, if the department concludes that continued collection efforts would result in diminishing returns, then the unrecovered amount will be removed from the department accounting records. An administrative record will be maintained for possible collection through offset or other appropriate method. If no collection action has taken place during the three years after the department has removed the overpayment from its accounting records, then the overpayment will be disposed of.Any overpayment of Trade Readjustment Allowances or Trade Adjustment Assistance or Disaster Unemployment Assistance will be offset at the rate of 50 percent of the benefit amount otherwise payable to the individual for unemployment insurance, extended benefits or any other federal unemployment compensation program.    [Filed 4/15/20, effective 6/10/20][Published 5/6/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/6/20.

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