Bulletin 12-02-2020

Front matter not included
ARC 5298CAgriculture and Land Stewardship Department[21]Notice of Intended Action

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

    The Agriculture and Land Stewardship Department hereby proposes to amend Chapter 67, “Animal Welfare,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 162.16.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 162.Purpose and Summary    The purpose of this proposed rule making is to accomplish the following:

  • Allow for larger dog playgroups, of up to 30 dogs, while maintaining the same 15 dogs to one person ratio.
  • Decrease allowable play area size from 75 square feet per dog to 50 square feet per dog.
  • Allow overnight group housing of dogs within dog day cares.
  • Update euthanasia guidelines to the most current version of the American Veterinary Medical Association Guidelines.
  • Update language for consistency.
  • Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.Public Comment    Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on December 22, 2020. Comments should be directed to: Maury Noonan Iowa Department of Agriculture and Land Stewardship Wallace State Office Building 502 East Ninth Street Des Moines, Iowa Email: rules@iowaagriculture.govPublic Hearing    A public hearing at which persons may present their views orally or in writing will be held as follows: December 29, 2020 11 a.m. to 12 noon Via conference call 866.685.1580 Access code: 742 290 3352#     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.    Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend rule 21—67.1(162), definition of “Ample space,” as follows:        "AmpleAdequate space" means the animals contained within the primary enclosure all must have the ability to comfortably turn about, stand erect, sit or lie with limbs fully extended.

        ITEM 2.    Amend paragraph 67.3(1)"e" as follows:    e.    AmpleAdequate lighting shall be provided by natural or artificial means, or both, during sunrise to sunset hours to allow efficient cleaning of the facilities and routine inspection of the facilities and animals contained therein.

        ITEM 3.    Amend paragraph 67.3(2)"d" as follows:    d.    The shape and size of the enclosure shall afford ampleadequate space for the individual animals within the enclosure. AmpleAdequate space includes, but is not limited to, allowing the animal the ability to comfortably reposition, turn about, stand erect, sit or lie while limbs are fully extended. Cats must have adequate space for a litter box so that litter does not contaminate food and water.

        ITEM 4.    Amend paragraph 67.3(2)"g" as follows:    g.    Group housing is permitted for animals that are compatible with one another, except as otherwise stated herein. AmpleAdequate space shall be provided to prevent crowding and to allow freedom of movement and comfort to animals of the size which are housed within the primary enclosure. No more than 12 adult dogs or cats may be housed in the same primary enclosure. Dogs and cats shall not be housed in the same primary enclosure.

        ITEM 5.    Amend paragraph 67.4(3)"b" as follows:    b.    Sick, diseased or injured animals shall be provided with prompt veterinary care or disposed of by euthanasia. Euthanasia must be performed in a manner deemed acceptable by and published in the American Veterinary Medical Association Guidelines for Euthanasia of Animals: 20132020 Edition.

        ITEM 6.    Amend paragraph 67.7(1)"e" as follows:    e.    Group housing is permitted only if the animals are owned by the same person and are compatible, except as where permitted under rule 21—67.8(162) regarding dog day care.

        ITEM 7.    Amend paragraph 67.7(2)"a" as follows:    a.    Dogs, cats and other vertebrates upon which euthanasia may be permitted by law shall be destroyed only by euthanasia in a manner deemed acceptable by and published in the American Veterinary Medical Association Guidelines for Euthanasia of Animals: 20132020 Edition.

        ITEM 8.    Amend subrule 67.8(2) as follows:    67.8(2) Subclassification of license.  Dog day cares can operate as a subclassification of a commercial kennel license or boarding kennel license, including group housing, by complying with the rules herein. A commercial kennel or a boarding kennel that operates as a dog day care shall not provide overnight boarding or other kennel activities unless, during the time that the day care operation is closed, the kennel is operated in a manner consistent with applicable rules including, but not limited to, paragraphs 67.3(1)“j” and 67.7(1)“e,” which restrict the commingling of dogs.

        ITEM 9.    Amend paragraphs 67.8(4)"a" to 67.8(4)"c" as follows:    a.    Group interaction is permitted for dogs, including dogs owned by different owners, that are compatible with one another.A facility licensed as a dog day care shall comply with all requirements in this rule during all hours of operation. Dog day cares may operate overnight.    b.    The play area for dogs shall provide for a minimum of 7550 square feet per dog. Play areas smaller than 1,125 square feet must have a sign placed at the entry of the play area stating the maximum number of dogs allowed in the play area at any one time.    c.    Each dog attending a dog day care must have a primary enclosure. When not under direct supervision, dogs at a dog day care must be housed within a primary enclosure at all times. Group housing within a primary enclosure is permitted for dogs from the same household that are compatible with one another.as provided for in paragraph 67.3(2)“g.”

        ITEM 10.    Amend paragraph 67.8(6)"f" as follows:    f.    A dog day care shall not establish a playgroup composed of more than 1530 dogs.

        ITEM 11.    Amend paragraph 67.8(6)"g" as follows:    g.    A dog day care shall employ sufficient staffing so that there is a minimum of one person assigned to each playgroupwith 15 or fewer dogs and two people assigned to each playgroup with 16 to 30 dogs. The personperson(s) supervising a playgroup must provide direct and immediate visual supervision at all times.

        ITEM 12.    Amend paragraph 67.9(2)"b" as follows:    b.    AmpleAdequate lighting shall be provided by natural or artificial means, or both, during sunrise to sunset hours. Animals shall be protected from excessive illumination.

        ITEM 13.    Amend rule 21—67.16(162) as follows:

    21—67.16(162) Acceptable forms of euthanasia.  The euthanasia of all animals kept in facilities regulated under Iowa Code chapter 162 and these rules shall be performed in a manner deemed acceptable by and published in the American Veterinary Medical Association Guidelines for Euthanasia of Animals: 20132020 Edition. A copy of this report is on file with the department.
    ARC 5293CEducational Examiners Board[282]Notice of Intended Action

    Proposing rule making related to dyslexia specialist endorsement and providing an opportunity for public comment

        The Educational Examiners Board hereby proposes to amend Chapter 13, “Issuance of Teacher Licenses and Endorsements,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 272.2 and 2020 Iowa Acts, Senate File 2356.State or Federal Law Implemented    This rule making implements, in whole or in part, 2020 Iowa Acts, Senate File 2356.Purpose and Summary    2020 Iowa Acts, Senate File 2356, directs the Board to collaborate with the Iowa Reading Research Center to create a dyslexia specialist endorsement. The new proposed subrule is the result of that collaboration, and would create the new endorsement for Iowa licensed teachers.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 282—Chapter 6. Public Comment    Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on January 4, 2021. Comments should be directed to: Kimberly Cunningham Board of Educational Examiners 701 East Court Avenue, Suite A Des Moines, Iowa 50319-0147 Fax: 515.281.7669 Email: kim.cunningham@iowa.govPublic Hearing    A public hearing at which persons may present their views orally or in writing will be held as follows: December 30, 2020 1 p.m. Board Room 701 East Court Avenue, Suite A Des Moines, Iowa     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.    Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making action is proposed:

        ITEM 1.    Adopt the following new subrule 13.28(36):    13.28(36) Dyslexia specialist.  K-12. The applicant must have met the requirements for the standard license and have completed at least three years of post-baccalaureate teaching experience in a K-12 setting.     a.    Authorization.The holder of this endorsement is authorized to serve as a dyslexia specialist in kindergarten and grades one through twelve.    b.    Content.Completion of 18 semester hours in dyslexia strategies to include the following:    (1)   Knowledge of dyslexia. The dyslexia specialist will have knowledge of dyslexia and:    1.   Understand the tenets of the International Dyslexia Association’s definition of dyslexia, including the neurobiological nature and cognitive-linguistic correlates.    2.   Identify distinguishing characteristics of dyslexia and commonly co-occurring disorders, including dysgraphia, dyscalculia, attention deficit hyperactivity disorder, expressive language disorders, receptive language disorders, and others.    3.   Recognize that dyslexia may present differently along a continuum of severity and impact depending upon age, grade, and compensatory factors.    4.   Understand federal and state laws that pertain to dyslexia, including use of the word “dyslexia” within school settings and documentation.    5.   Understand common misconceptions regarding characteristics of and interventions for dyslexia.    (2)   Psychology of language and reading. The dyslexia specialist will understand the highly complex processes by which children learn to speak, read, and write, including language acquisition, linguistics, and the structure of written language, including phonological processing, phonics, orthography, morphology, syntax, and semantics, as well as the relationship of these components to typical and atypical reading and writing development and instruction for students with dyslexia.    (3)   Curriculum and instruction. The dyslexia specialist will use appropriate instructional approaches and materials as well as integrated, comprehensive, explicit, and systematic literacy instruction to support student learning in reading and writing, including the following:    1.   Instruction utilizing multisensory and multimodal strategies (visual, auditory, kinesthetic, and tactile), systematic and cumulative instruction, direct instruction, diagnostic and prescriptive teaching, as well as synthetic and analytic instruction.    2.   Instructional approaches supported by the science of reading for the following areas: phonological processing, phonics, fluency, comprehension, vocabulary, spelling, and writing.    3.   Creation of a dyslexia-friendly learning environment (within or outside the regular classroom) utilizing evidence-based accommodations and modifications to meet the needs of students with dyslexia, including appropriate interventions, remediation, assistive technology, and classroom accommodations for students with dyslexia.    4.   Use of data to determine effectiveness of the instruction and curriculum along with student responsiveness to it.    (4)   Assessment, diagnosis, and evaluation. The dyslexia specialist will be confident using a variety of formal assessment tools and practices to evaluate students’ reading and writing abilities in a variety of domains. The dyslexia specialist will:    1.   Demonstrate an understanding of the literature and research related to assessments and their purposes (including the strengths and limitations of assessments) and assessment tools for screening, diagnosis, progress monitoring, and measuring outcomes.     2.   Demonstrate an understanding of the signs and symptoms of reading difficulties, including but not limited to dyslexia; and also demonstrate an understanding of norms and student benchmarks.    3.   Select, administer, and interpret assessments for specific purposes, including screening students at risk for dyslexia and identifying students who display a profile of dyslexia, and:
  • Understand the features of standardized norm-referenced assessments.
  • Understand the importance of selecting reliable and valid assessments to evaluate typical and atypical reading development.
  • Interpret various scores derived from standardized norm-referenced and criterion-referenced assessments.
  •     4.   Use assessment information to plan and evaluate instruction, including appropriate interventions, remediation, assistive technology, and classroom accommodations for students with dyslexia and other difficulties. This will include the use of multiple data sources for analysis, instructional planning, examining the effectiveness of specific intervention practices, and examining students’ responses to interventions.    5.   Communicate assessment results and implications to a variety of audiences, including staff, parents, and students.    6.   Understand appropriate IEP goals and Section 504 plans for students who display characteristics of dyslexia.
        (5)   Practicum in dyslexia. The dyslexia specialist will participate in elementary and secondary practicum experiences with instructors who have experience with and are currently serving students who display characteristics of dyslexia. The cooperating teacher must be approved by the Iowa reading research center. The practicum must include:    1.   Supervised administration of norm-referenced literacy assessments.    2.   Practice composing a report of literacy assessment results that will include interpretation of the results and instructional recommendations.    3.   Supervised delivery of systematic, explicit, and multisensory intervention for students with characteristics of dyslexia.    4.   Practice composing a report of students’ response to intervention.
    ARC 5295CPublic Safety Department[661]Notice of Intended Action

    Proposing rule making related to breath testing and standards for drug detection and providing an opportunity for public comment

        The Public Safety Department hereby proposes to amend Chapter 157, “Devices and Methods to Test Body Fluids for Alcohol or Drugs,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 321J.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 321J.2.Purpose and Summary    These proposed amendments to Chapter 157 modify the frequency with which evidentiary breath test devices must be certified. This amendment is made to ensure a balance between the Division of Criminal Investigation laboratory staff resources and confirmation of accurate devices.    Additionally, the Department proposes amendments to controlled substance screening levels to allow for alternatives to immunoassay screening and to keep testing in line with the federal standards. The current language in the rule does not reference the correct and updated federal registry and associated wording for initial screening for certain drugs or categories of drugs and their metabolites. In short, the Department is amending the rule to match the content in the current federal registry. The impact to the testing laboratory and stakeholders is that the revised federal registry allows for alternate technologies to immunoassay screening for drugs. The Department’s laboratory is working on validation of one of those alternate technologies, which provides more specificity in the screening process. The Department cannot start using that technology for casework until the proposed amendments to the rule are adopted and become effective. Forensic toxicology laboratories are more often moving to alternate technologies to immunoassay screening. Immunoassay screening can be less specific and typically relies on proprietary test kits. If the vendor has a supply or quality issue, the turnaround time for the initial screening result can be greatly impacted.    Finally, the American National Standards Institute-accredited American Academy of Forensic Science Standards Board, with the support of the National Highway Traffic and Safety Administration, is in the process of approving testing parameters for drug testing tailored for impaired driving, and the Department anticipates additional rule making at that time.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    Pursuant to the provisions of rule 661—10.222(17A), the Department does not have authority to waive requirements established by statute. 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 the provisions of rule 661—10.222(17A).Public Comment    Pursuant to the provisions of rule 661—10.222(17A), the Department does not have authority to waive requirements established by statute. Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on December 22, 2020. Comments should be directed to: Sarah Jennings Department of Public Safety Oran Pape State Office Building 215 East 7th Street Des Moines, Iowa 50319 Phone: 515.725.6185 Email: jennings@dps.state.ia.usPublic Hearing    No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend subrule 157.2(2) as follows:    157.2(2)   A peace officer desiring to perform testing of a subject’s breath for the purpose of determining the alcohol concentration shall employ, or cause to be used, a breath testing device of a type meeting the minimum performance requirements established in Highway Safety Programs; Model Specifications for Devices to Measure Breath Alcohol, Federal Register, Volume 58, No. 179 (September 17, 1993), pp. 48705-48708. All devices so used must be certified to be in proper working order within a period of one year immediately preceding useat least once per calendar year according to procedures specified for that device.The interval between certifications shall not be more than 450 days.

        ITEM 2.    Amend subrule 157.5(2) as follows:    157.5(2)   Any peace officer using an approved device shall follow the instructions furnished by the manufacturer for use of such a device. The calibration of each unit shall be checked at least once per month, and the device shall be calibrated, if necessary, using a dry gas standard. The officer or officer’s department shall maintain a record of each calibration. This record shall include:    a.    The identity of the officerperson performing the calibration.    b.    The date.    c.    The value and type of standard used.    d.    The unit type and identification number.    e.    The expiration date of the standard used.

        ITEM 3.    Amend rule 661—157.7(321J) as follows:

    661—157.7(321J) Detection of drugs other than alcohol.      157.7(1) Adoption of federal standards.   Initial test requirements based upon standards adopted by the federal Substance Abuse and Health Services Administration in “Mandatory Guidelines for Federal Workplace Drug Testing Programs,” 73 FR 7185882 FR 7920, and displayed in the following table are hereby adopted as standards for determining detectable levels of controlled substances in the division of criminal investigation criminalistics laboratory initial screening for controlled substances detected by the presence of the following: marijuana metabolites, cocaine metabolites, opiate metabolites, acetylmorphine, phencyclidine, and amphetamineshydrocodone/hydromorphone, oxycodone/oxymorphone, 6-acetylmorphine, phencyclidine, amphetamine/methamphetamine, and MDMA/MDA. The following table shows the minimum levels of these substances which will result in a finding that a controlled substance is present at a detectable level:SubstanceInitial test analyteMinimum Level (ng/ml)Initial test cutoff 1 Marijuana metabolites(THCA) 2 50ng/ml 3 Cocaine metabolites(Benzoylecgonine)150ng/ml 3 Opiate metabolites codeine/morphineCodeine/Morphine2000ng/mlAcetylmorphineHydrocodone/Hydromorphone10300 ng/mlPhencyclidineOxycodone/Oxymorphone25100 ng/mlAmphetamines 2 (amphetamine, methamphetamine, and methylenedioxymethamphetamine)6-Acetylmorphine50010 ng/mlPhencyclidine25 ng/ml Amphetamine/Methamphetamine500 ng/mlMDMA 4 /MDA 5 500 ng/ml 1 “ng/ml” means “nanograms per milliliter.”For grouped analytes (i.e., two or more analytes that are in the same drug class and have the same initial test cutoff):Immunoassay: The test must be calibrated with one analyte from the group identified as the target analyte. The cross-reactivity of the immunoassay to the other analyte(s) within the group must be 80 percent or greater; if not, separate immunoassays must be used for the analytes within the group.Alternate technology: Either one analyte or all analytes from the group must be used for calibration, depending on the technology. At least one analyte within the group must have a concentration equal to or greater than the initial test cutoff or, alternatively, the sum of the analytes present (i.e., equal to or greater than the laboratory’s validated limit of quantification) must be equal to or greater than the initial test cutoff. 2 Either a single initial test kit or multiple initial test kits may be used provided that the single test kit detects each target analyte independently at the specified cutoff.An immunoassay must be calibrated with the target analyte, D-9-tetrahydrocannabinol-9-carboxylic acid (THCA). 3 Alternate technology (THCA and benzoylecgonine): The confirmatory test cutoff must be used for an alternate technology initial test that is specific for the target analyte (i.e., 15 ng/mL for THCA, 100 ng/mL for benzoylecgonine). 4 Methylenedioxymethamphetamine (MDMA). 5 Methylenedioxyamphetamine (MDA).    157.7(2)   Reserved.
    ARC 5300CPublic Safety Department[661]Notice of Intended Action

    Proposing rule making related to ignition interlock devices and providing an opportunity for public comment

        The Department of Public Safety hereby proposes to amend Chapter 158, “Ignition Interlock Devices,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 321J.20.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 321J.20.Purpose and Summary    The proposed amendments to Chapter 158 regarding ignition interlock devices (IIDs) increase the efficiency of the IIDs currently required by Iowa law for all offenders of the state’s operating while intoxicated (OWI) law and provide better compliance-based monitoring. The proposed amendments resemble amendments previously published as ARC 4418C on May 8, 2019, but no longer include provisions requiring camera technology for IIDs. Taking into account the feedback of the Administrative Rules Review Committee, a decision was made to not require cameras for IIDs at this time. The amendments proposed in ARC 4418C were never adopted.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    Pursuant to the provisions of rule 661—10.222(17A), the Department does not have authority to waive requirements established by statute. 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 the provisions of 661—10.222(17A). Public Comment    Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on December 22, 2020. Comments should be directed to: Sarah Jennings Department of Public Safety Oran Pape State Office Building 215 East 7th Street Des Moines, Iowa 50319 Phone: 515.725.6185 Email: jennings@dps.state.ia.usPublic Hearing    No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend rule 661—158.2(321J) as follows:

    661—158.2(321J) Definitions.  The following definitions apply to rules 661—158.1(321J) through 661—158.9(321J):        "Accuracy check" means the verification of the adjustment of an IID.        "Adjustment" means setting the measured alcohol result of an IID to the equivalent of the known alcohol value of the standard measured.        "Alcohol" means any member of the class of organic compounds known as alcohols and, specifically, ethyl alcohol.        "Alcohol standard" means either a certified wet bath simulator solution or a dry gas tank at a known alcohol concentration.         "Authorized service provider" "ASP" means a person or company meeting all qualifications outlined in this chapter and approved and trained by the manufacturer to service, install, monitor or calibratecheck the accuracy of IIDs approved pursuant to this chapter.        "Breath alcohol concentration" "BrAC" means the amount of alcohol determined by chemical analysis of the individual’s breath measured in grams of alcohol per 210 liters of breath.        "Bypassing" "tampering" means the attempted or successful circumvention of the proper functioning of an IID including, but not limited to, the push start of a vehicle equipped with an IID, disabling, disconnecting or altering an IID, or introduction of a breath sample into an IID other than a nonfiltered direct breath sample from the driver of the vehicle in order to defeat the intended purpose of the IID.        "DCI" means the Iowa division of criminal investigation.        "DOT" meansthe Iowa department of transportation, office of driverand identification services.        "Fail level" means a BrAC equal to or greater than 0.025 grams per 210 liters of breath, at which level the IID will prevent the vehicle from starting or will indicate a violation once the vehicle is running.        "Ignition interlock device" "IID" means an electronic device that is installed in a vehicle and that requires the completion of a breath sample test prior to startingoperating the vehicle and at periodic intervals after the vehicle has been started. If the IID detects an alcohol concentration of 0.025 grams or greater per 210 liters of breath, the vehicle shall be prevented from starting.        "Laboratory" means the division of criminal investigation criminalistics laboratory.        "Lessee" means a person who has entered into an agreement with a manufacturer or an ASP to lease an IID and whose driving privileges are contingent on the use of an IID.        "Lockout condition" means a situation in which a proper breath sample was not provided to an IID when required, or when a random retest results in an alcohol concentration equal to or greater than 0.025 BrAC. Once a lockout condition occurs, the IID shall be reset by the manufacturer or the ASP within five days, or the IID shall render the vehicle ignition incapable of starting the vehiclebecomes inoperable.        "Manufacturer" means the person, company, or corporation that produced the IID.        "Random retest" means a breath sample that is collected in a nonscheduled, random manner after the vehicle has been started.        "Single monitoring period" means a period of time from when the vehicle has been started until the vehicle comes to a complete stop and the ignition is turned off.        "User" means a person operating a vehicle equipped with an IID.        "Violation" means a condition caused by either (1) failure to provide a proper breath sample to the IID during a random retest,or (2) the IID indicating a concentration exceeding the maximum allowable concentration of 0.0250.024 BrAC during a random retest, or (3) the IID indicating that bypassing the device or tampering with the device occurred or was attempted.

        ITEM 2.    Amend rule 661—158.3(321J) as follows:

    661—158.3(321J) Approval.  To be approved, an IID shall meet or exceed performance standards contained in the Model Specifications for Breath Alcohol Ignition Interlock Devices(BAIIDs), asmost recently published in the Federal Register, April 7, 1992, pages 11772-11787. Only a notarizedan independent statement from a laboratory capable of performing the tests specified will be accepted as proof of meeting or exceeding the standards.    158.3(1)   In addition to the federal standards, the DCI criminalistics laboratory shall apply scientific tests or methods to a particular IID to determine whether it meets an acceptable standard for accuracy.    158.3(2)   At the discretion of the laboratory administrator, the laboratory may accept test results from other publicindependent laboratories or authorities.    158.3(3)   The laboratory shall maintain a list of IIDs approved by the commissioner of public safety. The list is available without cost by writing to the Iowa Department of Public Safety, Division of Criminal Investigation, Criminalistics Laboratory, 2240 South Ankeny Blvd., Ankeny, Iowa 50023; by telephoningcalling (515)725-1500; or by accessing the list on the laboratory's Web sitewebsite.Note: As of October 1, 2009November 2020, the Web sitewebsite of thebreath alcohol testing section of the laboratory is http://www.dps.state.ia.us/DCI/ Crime_Lab/index.shtmlbreathalcohol.iowa.gov.    158.3(4)   On or after January 1, 2010, any IID installed in a vehicle in Iowa pursuant to this chapter, including a replacement for a device previously installed, shall utilize fuel cell technology. Any device installed prior to January 1, 2010, may continue to be used until the expiration of the order that resulted in its use or until it is replaced, whichever occurs earlier.

        ITEM 3.    Amend rule 661—158.4(321J) as follows:

    661—158.4(321J) Revocation of approval.  The approval of an IID shall remain valid until either voluntarily surrendered by the manufacturer or until the approval of the IID has been revoked by the commissioner of public safety for cause.     158.4(1)   Reasons for revocation include but are not limited to the following.:    a.    Evidence of repeated IID failures due to defects in design, materials, or workmanship during manufacture, installation,or monitoring, or calibration of the IID such that the accuracy of the IID or the reliability of the IID as approved is not being met as determined by the laboratory.    b.    A pattern of evidence that the mandatory operational features of the IID as described in rule 661—158.6(321J) are not functioning properly.    c.    A pattern of evidence indicating that the IID may be easilycircumvented, tampered with, or bypassed.     d.    Any violationillegality on the part of the manufacturer of the IID of any laws or regulations related to the installation, servicing, monitoring, and calibrationaccuracy checks of IIDs, or failure of a manufacturer to address repeated violations by an ASP.    e.    Failure of a manufacturer to address repeated infractions by an ASP.    f.    Cancellation of the manufacturer’s required liability insurance coverage.    g.    Cessation of business operations by the manufacturer.    h.    Failure to notify the laboratory in writing of any material modifications or alterations to the components or the design of the approved IID.    i.    Failure of the manufacturer or an ASP to notify the DOT and the county attorney of the county of residence of the lessee within 30 days of the discovery of evidence of tampering with or attempting to bypass an IID.    j.    Evidence that the manufacturer or ASP(s), or its owners, employees, or agents, has committed any act of theft or fraud, deception or material omission of fact related to the distribution, installation, or operation of any IID subject to this chapter.    k.    Revocation of approval in another state for any of the reasons for revocation listed in subrules 158.4(1) through 158.4(9).paragraphs 158.4(1)“a” to “j.”    158.(11) 158.4(2)   A revocation shall be effective 30 days from the date of the letter sent to the manufacturer via certified mail, return receipt requested, unless otherwise specified by the commissioneran appeal is filed. A copy of each notice of revocation shall be provided to the director of the Iowa department of transportation.    158.(12) 158.4(3)   Upon voluntary surrender or revocation, all IIDs subject to the surrender or revocation shall be removed and replaced by an approved IID within 60 days of the effective date of such surrender or revocation. The manufacturer or the ASP must notify all affected lessees of the surrender or revocation and the requirement that a new IID must be installed by an existing ASP within the time frame specified in this subrule.The cost associated with the removal of the IID and installation of a replacement IID will be the responsibility of the manufacturer of the revoked or voluntarily surrendered IID.    158.(13) 158.4(4)   A revocation of a previously approved IID may be appealed to the department of public safety by the filing of an appeal in accordance with the procedures specified in rule 661—10.101(17A) within ten days of the issuance of the notice of revocation.

        ITEM 4.    Amend rule 661—158.5(321J) as follows:

    661—158.5(321J) Modifications to an approved IID.  The manufacturer shall inform the laboratory in writing of any modifications that will affect the accuracy, reliability, ease of use, or general function of the approved IID. The notification shall include, but not be limited to, a listing of those modifications that were made, those components that were redesigned or replaced, and any additional alterations. Each of these changes should also include a narrative explaining how the modifications or alterations will affect the accuracy, reliability, ease of use, or general function of the IID. The laboratory reserves the right to test the IID to determine if the IID meets or exceeds the requirements established in this chapterperformance standards contained in the Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs), as most recently published in the Federal Register.

        ITEM 5.    Amend rule 661—158.6(321J) as follows:

    661—158.6(321J) Mandatory operational features.  In addition to any requirements established elsewhere in this chapter, an approved IID shall comply with the following.    158.6(1)   The IID shall be designed and constructed to measure a person’s breath alcohol concentration by utilizing a sample of the person’s breath delivered directly into the IID.    158.6(2)   The IID shall be designed and constructed so that the ignition system of the vehicle in which it is installed will not be activatedoperable if the breath alcohol concentration of the person using the IID exceeds 0.0250.024 BrAC.    158.6(3)   The IID shall utilize an alcohol-specific fuel cell technology.    158.6(4)   The IID shall require a minimum of 1.3 liters of continuously delivered breath prior to the acceptance of the sample.Exception: The breath volume can be lowered at the discretion of the laboratory in situations where a physician licensed under Iowa Code chapter 148 has certified in writing that the lessee suffers from a physical or medical condition that prevents the lessee from providing the required breath volume and is requested in advance by the ASP or manufacturer.    158.(3) 158.6(5)   The IID shall prevent engine ignition if the IID has not been calibratedchecked for accuracy within 67 days subsequent to the last calibrationaccuracy check. CalibrationAccuracy checks may be required more frequently at the discretion of the manufacturer or the ASP.Exception: The laboratory administrator may approve a devicean IID usingalcohol-specific fuel cell technology to be recalibratedchecked for accuracy within 187 days of the previous calibration provided that the device passesaccuracy check. In order to be approved, the IID must pass specific precision and functionality testing approved by the laboratory administrator and carried out by the laboratory or an independent laboratory acceptable to the laboratory administrator.    158.(4) 158.6(6)   The IID shall record every instance when the vehicle is startedoperated, the results of the breath sample test, how long the vehicle was operated, and any indications that the IID may have been tampered with,or bypassed, or circumvented.    158.(5) 158.6(7)   The IID shall require the operator to submit to a random retest within 10between five and ten minutes of startingoperating the vehicle. A minimum of two additional random retests shall occur within 60 minutes of startingoperating the vehicle, and a minimum of twoone random retestsretest shall occur within every 60 minutes thereafter. Random retests may be achieved during operation of the vehicle. The IID shall enter a lockout condition within five days if two or more violations are recorded in a single monitoring period. An IID may, at the discretion of the manufacturer or the ASP, enter a lockout condition on the basis of a single violation.    158.(6) 158.6(8)   The IID shall permit a sample-free restart for a maximum period of two minutes unless the IID has initiated a random retest, in which case the operator must successfully perform a breath sample test before the vehicle maycan be restarted.    158.6(9)   The IID shall enter a lockout condition after five days if any of the following occur:    a.    Two or more violations within a single monitoring period.Exception: A lockout condition may be entered on the basis of a single violation at the discretion of the manufacturer or ASP.    b.    Four or more violations within any 60-day period.     c.    Evidence of circumvention or tampering of the IID.    d.    Nonpayment of lessee’s account by 30 days or more.    e.    Failure to have the IID accuracy checked or serviced when required.Exception: A lockout condition will occur seven days after a missed accuracy check.    158.(7) 158.6(10)   The IID shall automatically and completely purge residual alcohol before allowing subsequent tests.    158.(8) 158.6(11)   The IID shall be installed in such a manner that it will not interfere with the normal operation of the vehicle after the vehicle has been started.    158.(9) 158.6(12)   The IID shall be equipped with a method ofto immediately notifyingnotify peace officers if the retest required by subrule 158.6(5)158.6(7) is not performed or if the result of a random retest exceeds the alcohol concentration of 0.0250.024 BrAC. Examples of acceptable forms of notification are repeated honking of the vehicle’s horn,and repeated flashing of the vehicle’s headlights, or both. Such notification may be disabled only by switching the engine off or by achievement of a retest at a level below 0.0250.024 BrAC.     158.(10) 158.6(13)   Each IID shall be uniquely identified by a serial number.     158.6(14)   Along with any other information required by the DOT or by an originating court, allAll reports to the DOT or to an originating court concerning a particular IID shall include the name, address, and driver’s license number of the lessee and; the year, make, model, and vehicle identification number of the lessee’s vehicle; the unique serial numberof the handset of the IID; and any other information required or requested by the DOT. The name, address, telephone number, and contact person of the manufacturer or the ASP furnishing the report shall also be included as part of the report.

        ITEM 6.    Amend rule 661—158.7(321J), introductory paragraph, as follows:

    661—158.7(321J) IID security.  The manufacturer and its ASPs shall take all reasonable steps necessary to prevent tampering with or physicalthe circumventionor tampering of the IID. These steps shall include the following.

        ITEM 7.    Amend rule 661—158.8(321J) as follows:

    661—158.8(321J) IID maintenance and reports.      158.8(1)   An IID utilized in accordance with the provisions of this chapter shall have the calibration checked and shall be recalibratedbe checked for accuracy at least once every 60 days using either acertified wet bath simulatorsolution or dry gas standardfound on the federal Conforming Products List of Calibrating Units for Breath Alcohol Testers. Accuracy checks shall be completed by the manufacturer or the ASP. Accuracy checks found to be within 0.005 grams per 210 liters or 5 percent, whichever is greater, of the reference standard will be considered accurate and no adjustment to the IID is required. Calibration shall be completed by the manufacturer or the ASP. In lieu of calibrationan accuracy check of an installed IID, anthe installed IID may be exchanged for another calibratedproperly adjusted IID. The laboratory administrator may approve a device that employs fuel cell technology to be used for up to 180 days from the date of the previous calibration, provided that the device passes specific precision and functionality testing approved by the laboratory administrator and carried out by the laboratory or an independent laboratory acceptable to the laboratory administratoraccuracy check (see the exception in subrule 158.6(5)). An IID shall automatically enter a lockout condition if the IID has not been calibratedchecked for accuracy within 7seven days after the deadlines established in this subrule.    158.8(2)   The calibrationservice record for the IID currently installed in a vehicle pursuant to Iowa Code section 321J.4 and this chapter and for any other IID installed in the same vehicle shall be maintained by the manufacturer or the ASP. The record shall include, but is not limited to, the following:    a.    Name of the person performing the calibrationaccuracy check;    b.    Date;    c.    Value and type of standard used;    d.    Batch or lot number of standard;    e.    Unit type and identification number of the IID; andExpiration date of the standard;    f.    Model and serial number of the IID;    f.    g.    Description of the vehicle in which the IID is installed, including:    (1)   Registration plate number and state;    (2)   Make;    (3)   Model;    (4)   Vehicle identification number;    (5)   Year; and    (6)   Color.    158.8(3)   The IID must be calibratedchecked for accuracy according to the manufacturer’s procedures. All data contained in the IID’s memory must be downloaded, and the manufacturer or the ASP shall make a hard copy or the electronic equivalent of a hard copy of client data and results of each examinationavailable to the DOT upon request.    158.8(4)   All information obtained as a result of each inspection shall be retained by the manufacturer or the ASP for fivethree years from the date the IID is removed from the vehicle.    158.8(5)   Any manufacturer or ASP who discovers evidence ofavoidance of a lockout event achieved by circumventing, tampering with, or attempting to bypass an IID shall, within 30 days of the discovery,prepare a report documenting the finding and notify the DOT and the county attorney of the county of residence of the lessee of that evidence.:    a.    The DOT; and    b.    The county attorney of the county of residence of the lessee (Iowa residents only).    158.8(6)   The manufacturer or the ASP must provide, upon request, additional reports in a format acceptable to, and at no cost to, the DOT and the DCIWhen required or requested, the manufacturer or ASP must provide report forms in a format that is acceptable to, and at no cost to, the DOT dealing with the installation; de-installation (removal); violations, including, specifically, violations due to the IID indicating a concentration exceeding the maximum allowable concentration of 0.024 BrAC; lockout events; evidence of circumvention of or tampering with an IID; and any other additional information that is required by the DOT.    158.8(7)   The manufacturer or the ASP shall notify the DOT within 10ten days if an IID is not calibratedchecked for accuracy within the time period specified in subrule 158.6(3)158.6(5).

        ITEM 8.    Amend rule 661—158.9(321J) as follows:

    661—158.9(321J) Other provisions.  In addition to any other applicable provisions of this chapter, each manufacturer of an approved IID, either on its own or through its ASPs, shall comply with the following provisions.    158.9(1)   Each manufacturer and ASP of IIDs approved for use in Iowa pursuant to this chapter shall maintain general liability insurance coverage that is effective in Iowa and that has been issued by an insurance carrier authorized to operate in Iowa by the Iowa division of. Each manufacturer must maintain general liability insurance in an amount of not less than $1 million per occurrence and $3 million in the aggregate.Each ASP must maintain general liability insurance in an amount of not less than $100,000 per occurrence and $300,000 in the aggregate. Each manufacturer and ASP shall furnishprovide the DCIlaboratory with proof of this insurance coverage in the form of a certificate of insurance from the insurance company issuing the policy. All insurance policies required by this subrule shall carry an endorsement requiring that the DCIlaboratory be provided with written notice of cancellation of insurance coverage required by this subrule at least ten days prior to the effective date of cancellation.    158.9(2)   Each manufacturer and ASP of IIDs approved for use in Iowa shall maintain an E-mailemail address and a telephone number that are available 24 hours a day, 365 days a year, for lessees or users to contact the manufacturer or the ASP if lessees or users have problems with the IID leased from the manufacturer or the ASP.    158.9(3)   Each manufacturer and ASP of IIDs approved for use in Iowa shall provide the lessee with instructions on how to properly use the IID. The instructions shall include recommending a 15-minute waiting period between the last drinkuse of an alcoholica beveragethat contains alcohol and the time ofinitial breath sample delivery into the IID.    158.9(4)   An IID utilized under these rules shall be installed and removed by the manufacturer or the ASP in conformance with the prescribed procedures of the manufacturer.    158.9(5)   The department of public safety, or the department of transportation, reserves the right to inspect any IID, manufacturer, or ASP at any time at the department’s discretion. All records of IIDs installed,IIDs removed, results of calibrationsaccuracy checks, violations,evidence of attempted or successful circumvention of or tampering with an IID, and data logs, and results of known alcohol standards shall be made available for inspection upon request to any representatives of the department of public safety, the department of transportation, or any peace officer.Records shall be maintained for a minimum of three years after removal of the IID from the vehicle.
    ARC 5296CPublic Safety Department[661]Notice of Intended Action

    Proposing rule making related to flammable and combustible liquids and providing an opportunity for public comment

        The State Fire Marshal hereby proposes to amend Chapter 221, “Flammable and Combustible Liquids,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 101.23.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 101.Purpose and Summary    The purpose of amending Chapter 221 is to update the process for submittal of construction plans for review, plan review fees, and inspection fees and to provide contact information for the program.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    Pursuant to the provisions of rule 661—10.222(17A), the Department does not have authority to waive requirements established by statute. 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 the provisions of rule 661—10.222(17A).Public Comment    Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on December 22, 2020. Comments should be directed to: Sarah Jennings Department of Public Safety Oran Pape State Office Building 215 East 7th Street Des Moines, Iowa 50319 Phone: 515.725.6185 Email: jennings@dps.state.ia.usPublic Hearing    No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend 661—Chapter 221, title, as follows:FLAMMABLE ANDOR COMBUSTIBLE LIQUIDS

        ITEM 2.    Amend rules 661—221.1(101) to 661—221.4(101) as follows:

    661—221.1(101) Scope.  This chapter provides the rules of thestate fire marshal for safe transportation, storage, handling, and use of flammable andor combustible liquids. IFC, 2006 edition, sections 102.1 and 102.2, is adopted by reference.    221.1(1)   The flammable or combustible liquids program is part of the aboveground flammable or combustible liquid storage tanks program and is located at the following address:State Fire Marshal DivisionIowa Department of Public SafetyAttn: Aboveground Storage Tank Administration215 East 7th StreetDes Moines, Iowa 50319    221.1(2)   The program may be contacted by electronic mail at sfmast@dps.state.ia.us or by the United States Postal Service.    221.1(3)   The website for the flammable or combustible liquids program is: dps.iowa.gov/divisions/state-fire-marshal/licensing/above-ground-storage-tanks.

    661—221.2(101) Definitions.  The following definitions shall apply to rules 661—221.1(101) through 661—221.8(101). These definitions are adopted in addition to those which appear in the International Fire Code, 2006 edition; NFPA 30, Flammable and Combustible Liquids Code, 2003 edition; and NFPA 30A, Code for Motor Fuel Dispensing and Repair Garages, 2003 edition. If a definition adopted in this rule conflicts with a definition included in a code or standard adopted by reference in this chapter, the definition found in this rule shall apply.        "Approved by thestate fire marshal" means a laboratory which has requested and received recognition by the state fire marshal to test equipment whose use or installation is required by rules of thestate fire marshal, including rules in 661—Chapters 200 through 299, inclusive. A laboratory which seeks approval of thestate fire marshal shall contact thestate fire marshal division and shall provide information required by thestate fire marshal. Approval or disapproval shall be granted only by a letter from thestate fire marshal to the laboratory making the request, although advance notice of the decision of thestate fire marshal regarding whether or not approval is to be granted may be provided by electronic mail.        "Diesel fuel" means a liquid, other than gasoline, which is suitable for use as a fuel in a diesel fuel-powered engine and which meets the applicable standards established in Iowa Code section 214A.2 and rule 21—85.33(214A,208A). A blend of “diesel fuel” which meets these standards and contains 6 percent biodiesel or more is “biodiesel fuel.” Diesel fuel blends which meet these standards and contain less than 6 percent biodiesel are diesel fuel and not biodiesel fuel.        "FireState fire code official" means any employee of thestate fire marshal division of the department of public safety, of any local fire department, or of the department of natural resources if the employee is operating under an agreement between the department of public safety and the department of natural resources.        "ICC" means the International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, VA 22041.        "IFC" means the International Fire Code, published by the ICC. “IFC” will be followed by a year (e.g., IFC, 2006), which indicates the specific edition of the IFC to which reference is made.        "Independent testing laboratory" means a laboratory recognized by the federal Occupational Safety and Health Administration as a nationally recognized testing laboratory or a laboratory approved by the state fire marshal.        "Listed" means listed or approved by an independent testing laboratory for a specific use. A product shall be considered to be listed if it is of a model which has been listed for the use to which it is being put, whether it was manufactured prior to or after the date on which the listing became effective.        "Mobile air-conditioning system" means mechanical vapor compression equipment which is used to cool the driver or passenger compartment of any motor vehicle.        "NFPA" means the National Fire Protection Association, Batterymarch Park, Quincy, MA 02269. References to the form “NFPA xx,” where “xx” is a number, refer to the NFPA standard or pamphlet of the corresponding number.        "SPCC plan" means a spill prevention, control and countermeasure plan, as defined in 40 CFR 112, published January 1, 2007.        "Under dispenser containment" "UDC" means containment underneath a dispenser that will prevent leaks from the dispenser from reaching soil or groundwater.

    661—221.3(101) Flammable andor combustible liquids.  The International Fire Code, 2006 edition, published by the ICC, Chapter 34 and references contained therein, and NFPA 30, Flammable and Combustible Liquids Code, 2003 edition and references contained therein, are adopted by reference as the rules for transportation, storage, handling, and use of flammable andor combustible liquids. In any case in which a provision of the IFC conflicts with a provision of NFPA 30, the IFC provision shall apply. Any refinery shall comply with the provisions of this rule and with any applicable provisions of 661—Chapter 201.    221.3(1)   The IFC, 2006 edition, is adopted with the following amendments:    a.    In section 3402.1, amend the following definitions:    (1)   Delete the definition of combustible liquid and insert in lieu thereof the following:COMBUSTIBLE LIQUID. A liquid having a closed cup flash point at or above 100°F (38°C) and below 200°F (93°C). Combustible liquids shall be subdivided as follows:Class II. Liquids having a closed cup flash point at or above 100°F (38°C) and below 140°F (60°C).Class IIIA. Liquids having a closed cup flash point at or above 140°F (60°C) and below 200°F (93°C).The category of combustible liquids does not include compressed gases or cryogenic fluids.    (2)   Delete the definition of refinery and insert in lieu thereof the following:REFINERY. A plant in which flammable or combustible liquids are produced on a commercial scale from crude petroleum, natural gasoline or other sources, or in which flammable or combustible liquids are used to produce on a commercial scale fuels intended for use in motor vehicles, whether or not those fuels are flammable or combustible liquids.    b.    Delete section 3403.1 and insert in lieu thereof the following:3403.1 Electrical. Electrical wiring and equipment shall be installed and maintained in accordance with NFPA 70, National Electrical Code, 2005 edition, published by NFPA.    c.    Add the following new sections:3403.6.12 Each connection to an aboveground tank through which liquid can normally flow shall be provided with an external control valve that is located as close as practical to the shell of the tank. In addition to the control valve or any other normal tank valves, there shall be an emergency internal check valve at each pipe connection to any tank opening below normal liquid level. The emergency internal check valve shall be effectively located inside the tank shell and shall be operable both manually and by an effective heat-activated device that, in case of fire, will automatically close the valve to prevent the flow of liquid from the tank even though the pipelines from the tank are broken.3403.6.13 Any new or replacement piping connected to an aboveground storage tank shall be double-walled unless it lies entirely within the area of secondary containment.3403.6.143403.6.13 Any device dispensing Class I or Class II flammable liquids shall not be constructed or installed less than 100 feet from any existing dwelling unit.    d.    Delete section 3404.2.8.12 and insert in lieu thereof the following:3404.2.8.12 Liquid removal. Means shall be provided to recover liquid from the vault. Where a pump is used to meet this requirement, the pump shall not be permanently installed in the vault. Electric-powered portable pumps shall be suitable for use in Class I, Division 1 locations, as defined in NFPA 70, National Electrical Code, 2005 edition.    e.    Delete section 3404.2.8.17 and insert in lieu thereof the following:3404.2.8.17 Classified area. The interior of a vault containing a tank that stores a Class I liquid shall be designated a Class I, Division 1 location, as defined in NFPA 70, National Electrical Code, 2005 edition.    f.    Delete section 3404.2.9.1.1, introductory paragraph, and insert in lieu thereof the following:3404.2.9.1.1 Required foam fire protection systems. Foam fire protection shall be provided at any refinery and for aboveground tanks, other than pressure tanks operating at or above 1 pound per square inch gauge (psig) (6.89 kPa) when such tank, or group of tanks spaced less than 50 feet (15,240 mm) apart measured shell to shell, has a liquid surface area in excess of 1,500 square feet (139 m2), and is in accordance with any of the following:    g.    Delete section 3404.2.9.1.2.1, introductory paragraph, and insert in lieu thereof the following:3404.2.9.1.2.1 Where foam fire protection is required, it shall be provided in accordance with NFPA 11, 2005 edition, and shall be of a type or types and amount appropriate to suppress fires involving types and amounts of flammable andor combustible liquids found on the premises. Where the flammable or combustible liquid contains more than 10 percent alcohol, the foam shall be alcohol-resistant. Fire-fighting foam shall be stored separately from any area in which flammable andor combustible liquids are stored and in an area or areas that will be readily accessible to fire fighters responding to a fire at the facility.    h.    Amend the exception to section 3404.2.9.1.2.1 by adding the following new numbered paragraphs:
    1. The premises isare not a refinery.
    2. The premises doesdo not include bulk storage of flammable or combustible liquids.
    3. The premises doesdo not contain total storage capacity to store one million gallons or more of flammable or combustible liquids.
        i.    Delete section 3404.3.1.1 and insert in lieu thereof the following:3404.3.1.1 Approved containers. Only approved containers and portable tanks shall be used. No flammable or combustible liquid shall be placed into, stored in, or carried in any container other than one which is metal or hard plastic. No flammable or combustible liquid shall be placed into, stored in, or carried in any temporary or disposable container.
        221.3(2)   Amend NFPA 30, section 4.3.2.3.3, by adding the following new paragraphs:(10) Each secondary containment tank shall have top-only openings and shall be either a steel double-walled tank or a steel inner tank with an outer containment tank wall constructed in accordance with nationally accepted industry standards, such as those codified by the American Petroleum Institute, the Steel Tank Institute and the American Concrete Institute. Each tank shall be listed by an independent testing laboratory.(11) Each fill opening in a secondary containment tank shall be provided with a spill container that will hold at least 5 gallons.(12) For any secondary containment tank, interstitial tank space shall be monitored by an approved, continuous, automatic detection system that is capable of detecting liquids, including water. An automatic detection system may be either electronically or mechanically operated.    221.3(3)   Plans and plan review fees.    a.    The owner of any premises on which flammable or combustible liquids are or will be stored or used is required to submit construction plans to thestate fire marshal division,online or by mail as established in rule 661—221.1(101), prior to commencing initial construction of the facility or prior to commencing any construction at an existing facility which includes the addition or replacement of an aboveground flammable or combustible liquid storage tank. The construction plans shall be sealed by a licensed professional engineer if the facility at which the construction will occur is or will be a refinery or if preparation of the plans by a licensed professional engineer is required by another provision of Iowa law.Construction for which plans are required to be submitted for review shall not commence until approval of the plan has been received from thestate fire marshal.Exception 1: Submission of construction plans is not required if the total flammable andor combustible liquid storage capacity on the premises is or will be 1,100 gallons or less.Exception 2: If an SPCC plan has been prepared pursuant to 40 CFR 112 for a facility other than a refinery, a copy of the SPCC plan may be submitted to thestate fire marshal in lieu of submission of separate construction plans, provided that the SPCC plan includes all of the elements required to be included in construction plans for the specific facility in this subrule. If thestate fire marshal agrees, copies of portions of the SPCC plan may be submitted in lieu of a copy of the complete plan provided that all elements of construction plans which are required for the specific facility by this subrule are included. If an SPCC plan or portions thereof are submitted to thestate fire marshal, the person making the submission shall provide any additional information required by thestate fire marshal to evaluate compliance with the provisions of this chapter and Iowa Code chapter 101. The copy of the SPCC plan or portions thereof submitted to thestate fire marshal shall clearly identify the licensed professional engineer who prepared the plan or shall be accompanied by a letter making this identification.    b.    Minimum requirements for plans submitted for review include the following:    (1)   Drawings shall show the name of the person, firm or corporation proposing the installation, the location, and the adjacent streets or highways.    (2)   In the case of refineries or bulk plants, the drawings shall show, in addition to any applicable features required under subparagraphs (4) and (5), the plot of ground to be utilized and its immediate surroundings on all sides; and a complete layout of buildings, tanks, loading and unloading docks, and heating devices, if any.    (3)   In the case of service stations, the drawings shall show, in addition to any applicable features required under subparagraphs (4), (5), and (6), the plot of ground to be utilized; the complete layout of buildings, drives, dispensing equipment, and greasing or washing stalls; and the type and location of any heating device.    (4)   In the case of aboveground storage, the drawings shall show the location and capacity of each tank; dimensions of each tank whose capacity exceeds 50,000 gallons; the class of liquid to be stored in each tank; the type of tank supports; the clearances; the type of venting and pressure relief relied upon and the combined capacity of all venting and pressure relief valves on each tank; and the tank control valves and the location of pumps and other facilities by which liquid is filled into or withdrawn from the tanks.    (5)   In the case of underground storage, the drawings shall show the location and capacity of each tank; the class of liquids to be stored; and the location of fill, gauge, vent pipes, openings and clearances.    (6)   In the case of an installation for storage, handling or use of flammable or combustible liquids within buildings or enclosures at any establishment or occupancy covered in this chapter, the drawing shall be in detail sufficient to show whether applicable requirements are to be met.    c.    Fees for plan reviews shall apply as follows:    (1)   $100 plus $25 for each new or replacement tank included in the plan, for any site or facility at which flammable or combustible liquids are or will be stored, except for new construction of a refinery.    (2)   $500 for review of the initial construction plans of a refinery if the projected construction costs are $100,000,000 or less and $1,000 for the initial construction plans for a refinery if the projected construction costs are greater than $100,000,000.    (3)   The owner shall submit payment of plan review feeselectronically or in the form of a check, money order, or warrant payable to Treasurer, State of Iowathe State Fire Marshal as established in rule 661—221.1(101).Payment shall not be made in cash.    d.    Plan review fees shall be refunded to the submitter if the plan review has not been completed and the submitter has not been notified of approval or disapproval of the plans within 60 days of receipt of the complete plans by thestate fire marshal division.    221.3(4)   Inspections.    a.    Any facility at which flammable or combustible liquids are stored is subject to inspection by anystate fire code official during the regular business hours of the facility. If the facility does not operate under regular business hours, astate firecode official shall have access to the facility between 8 a.m. and 4 p.m. on any day which is a business day for the state of Iowa, within four hours of notifying the owner of intent to inspect the facility.    b.    Any inspection of a facility pursuant to this subrule conducted by an employee of thestate fire marshal division of the department of public safety shall result in an inspection fee of $100 plus $25 for each aboveground flammable or combustible liquid storage tank, except that there shall be no fee for an initial inspection or the first reinspection after an initial inspection that is conducted pursuant to the receipt of a complaint alleging that the facility is in violation of any provision of this chapter, 661—Chapter 224 or Iowa Code chapter 101.The owner shall submit payment of inspection fees electronically or in the form of a check, money order, or warrant payable to the State Fire Marshal as established in rule 661—221.1(101). Payment shall not be made in cash.    c.    Inspections may be initiated by the inspecting official at random or on any other basis; may be conducted at the request of the owner, operator, or manager of a facility; or may be conducted to investigate allegations made in a complaint. Such a complaint shall be in writingand submitted as established in rule 661—221.1(101) and shall specify the location and nature of the alleged violations. The complainant may or may not be identified. Complainants who identify themselves may request to be notified of the outcome of the inspection conducted in response to the complaint.

    661—221.4(101) Motor fuel dispensing facilities and repair garages.  The International Fire Code, 2006 edition, published by the ICC, Chapter 22 and references contained therein, and NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, 2003 edition and references contained therein, are adopted by reference as the rules for motor fuel dispensing facilities and repair garages. If any provision of the International Fire Code adopted herein is in conflict with any provision of NFPA 30A, the International Fire Code provision shall apply. The International Fire Code, 2006 edition, Chapter 22, is adopted with the following amendments:    221.4(1)   Amend Table 2206.2.3 so that:Each tank with a capacity of not more than 6,000 gallons for motor vehicle fuel dispensing systems and storing a Class I liquid, or with a capacity of not more than 12,000 gallons and storing a Class II or Class III liquid, that is located at a commercial, industrial, governmental, or manufacturing establishment, and that is intended for fueling vehicles used in connection with the establishment, is required to be located at least:(a) 40 feet away from the nearest important building on the same property;Exception: Tanks may be located closer than 40 feet to a building of noncombustible construction.(b) 40 feet away from any property that is or may be built upon, including the opposite side of a public way;Exception: No minimum separation shall be required for any tank that complies with NFPA 30A, section 4.3.2.6.(c) 100 feet away from any residence or place of assembly.    221.4(2)   Add the following new sections:2206.7.1.1 Dispensing of blended biofuels.2206.7.1.1.1 Definitions.        "B-blend" means biodiesel blended fuel as defined in Iowa Code section 214A.1 with the blend including between 6 and 20 percent biodiesel, as defined in Iowa Code section 214A.1.Note: For purposes of the rules contained in this chapter and other chapters of rules of the state fire marshal (661—Chapters 200 through 299 inclusive), diesel fuel may contain biodiesel provided that the concentration of biodiesel is less than 6 percent in accordance with rule 21—85.33(214A,208A), which adopts by reference standards for the content of motor fuels established by ASTM International (formerly known as the American Society for Testing and Materials).        "E-10" means a blend of petroleum and ethanol including no more than 16 percent ethanol intended for use as a motor vehicle fuel.        "E-blend" means a blend of petroleum and ethanol including more than 16 percent ethanol intended for use as a motor vehicle fuel.        "Existing E-blend dispenser" means a dispenser installed on or before October 24, 2010, for use in dispensing E-blend.2206.7.1.1.2 E-blend may be dispensed only if (1) or (2) applies:(1)   Thethe dispenser is listed by an independent testing laboratory for use with E-blend or E-85.    (2)   The dispenser is an existing E-blend dispenser and either (a) or (b) applies:(a) The dispenser is listed by an independent testing laboratory as compatible with E-10 gasoline, and the owner or operator visually inspects the dispenser and the dispenser sump daily for leaks and equipment failure. The owner or operator shall maintain a record of such inspection for at least one year after the inspection. The record shall be located on the premises of the owner or operator and shall be made available to the department of natural resources or the state fire marshal upon request. If a leak is detected, the department of natural resources shall be notified pursuant to Iowa Code section 455B.386.(b) The dispenser’s manufacturer has submitted the dispenser to an independent testing laboratory to be listed as compatible for use with E-85 gasoline, and the owner or operator has installed an under-dispenser containment system with electronic monitoring.Note: Option (2) will not be available after August 25, 2014. On or after August 26, 2014, E-blend will be allowed to be dispensed only from dispensers listed by independent testing laboratories for use with E-blend or E-85.2206.7.1.1.3 B-blend may be dispensed only if (1) and either (2), (3), (4), or (5) apply:    (1)   Only a dispenser listed by an independent testing laboratory as compatible with diesel fuel shall be used to dispense B-blend.    (2)   The owner or operator shall visually inspect the dispenser and the dispenser sump daily for leaks and equipment failure and maintain a record of such inspection for at least one year after the inspection. The record shall be located on the premises of the owner or operator and shall be made available to the department of natural resources or the state fire marshal upon request. If a leak is detected, the department of natural resources shall be notified pursuant to Iowa Code section 455B.386.    (3)   The dispenser’s manufacturer has submitted the dispenser to an independent testing laboratory to be listed as compatible for use with B-blend, and the owner or operator has installed an under-dispenser containment system with electronic monitoring.    (4)   Information published or provided by the manufacturer of the dispenser is available stating that the dispenser is compatible with B-blend.    (5)   The owner or operator of the dispenser has in force insurance for environmental liability in a minimum amount of $500,000, which would cover damage resulting from the operation of the dispenser and the owner or operator is able to produce documentation of the insurance coverage upon request from the state fire marshal or the department of natural resources.Note: If option (2), (4), or (5) is used, under-dispenser containment shall be provided if otherwise required by the rules in this chapter, rules of the department of natural resources, or any other applicable provision of law.       This subrule is intended to implement Iowa Code sections 101.1 and 455G.31.    221.4(3)   Add the following new section:2206.7.10 Under dispenser containment (UDC). When installing a new motor fuel dispenser or replacing a motor fuel dispenser, UDC shall be installed whenever any of the following occurs:(1) UDC is required by a rule adopted by the environmental protection commission.Note: See 567—subrule 135.3(9), paragraph “h.”(2) A motor fuel dispenser is installed at a location where there previously was no dispenser; or(3) An existing motor fuel dispenser is removed and replaced with another dispenser. UDC is not required when only the emergency shutoff, shear valves or check valves are replaced.UDC shall:
  • Be intact and liquid tight on its sides and bottom and at any penetrations;
  • Be compatible with the substance conveyed by the piping; and
  • Allow for visual inspection and monitoring and access to the components in the containment system.
  • Exception: UDC shall not be required for a dispenser which sits directly upon a solid concrete apron.
        221.4(4)   Temporary storage in disaster emergencies. Notwithstanding any provision to the contrary found in this chapter or found in the International Fire Code or NFPA 30A as adopted by reference herein, aboveground petroleumflammable or combustible liquid storage tanks may be used to store flammable andor combustible liquids in motor fuel dispensing operations, provided that all of the following apply:    a.    The facility is in an area covered by a disaster emergency proclamation issued by the governor pursuant to Iowa Code section 29C.6 or, if not in such an area, the facility has applied to thestate fire marshal and has been approved for storage of flammable andor combustible liquids in compliance with this subrule.    b.    The facility has suffered damage which has rendered the storage tanks normally used by the facility for flammable andor combustible liquids inoperable. Storage of flammable andor combustible liquids in compliance with this subrule shall continue only for as long as the normal storage tanks are inoperable and in no event for more than 90 days.Exception: In extraordinary circumstances, storage of flammable andor combustible liquids in compliance with this subrule may continue for more than 90 days if the facility has sought and received specific written approval from thestate fire marshal for such storage.    c.    The facility has written confirmation from the facility’s insurance provider that insurance coverage will apply while storage of flammable andor combustible liquids in compliance with this subrule is occurring.    d.    Any aboveground petroleumflammable or combustible liquid storage tank used pursuant to this subrule shall be rated or listed by an independent testing laboratory for aboveground storage of flammable andor combustible liquids.    e.    Any aboveground petroleumflammable or combustible liquid storage tank used pursuant to this subrule shall be of no more than 1,000 gallons capacity.ExeptionException: A storage tank larger than 1,000 gallons capacity may be used pursuant to this subrule if the facility has received specific written approval from thestate fire marshal for its use. In reviewing such a request, thestate fire marshal shall consider, but is not limited to considering, the following factors:    (1)   Volume of throughput of the facility.    (2)   Ability to meet setback requirements appropriate to the size of the tanks used.    f.    All electrical service proximate to the storage area shall comply with applicable provisions of NFPA 70, National Electrical Code, 2005 edition. An emergency shutoff control or electrical disconnect shall be installed no less than 20 feet nor more than 100 feet from any fuel-dispensing device at the facility. The control shall be clearly marked “Emergency Shutoff.”    g.    A 20-pound fire extinguisher with a minimum B:C rating of 40 shall be located no more than 50 feet from the location of any storage tank being used in compliance with this subrule.    h.    Precautions shall be taken to prevent the ignition of flammable or combustible liquids, including the conspicuous posting of warning signs saying “NO SMOKING” and “NO OPEN FLAME.”    i.    Aboveground petroleumflammable or combustible liquid storage tanks used pursuant to this subrule shall be plumbed into existing dispensers, if practical. If this is impractical, all fueling at the facility shall be by attendant only; no self-service dispensing shall be allowed at the facility.    j.    Any aboveground petroleumflammable or combustible liquid storage tank used in compliance with this subrule shall be located so as to be protected from prospective damage from vehicle collisions and shall be located with due regard to vehicular traffic patterns and the location of property lines and significant buildings, particularly those which are frequently occupied by humans.
    ARC 5299CPublic Safety Department[661]Notice of Intended Action

    Proposing rule making related to aboveground flammable or combustible liquid storage tanks and providing an opportunity for public comment

        The State Fire Marshal hereby proposes to amend Chapter 224, “Aboveground Petroleum Storage Tanks,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 101.23.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 101.Purpose and Summary    The purposes of the proposed amendments to Chapter 224 are to update the process for registration of tanks and to provide contact information for the program.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    Pursuant to the provisions of rule 661—10.222(17A), the Department does not have authority to waive requirements established by statute. 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 the provisions of rule 661—10.222(17A).Public Comment    Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on December 22, 2020. Comments should be directed to: Sarah Jennings Department of Public Safety Oran Pape State Office Building 215 East 7th Street Des Moines, Iowa 50319 Phone: 515.725.6185 Email: jennings@dps.state.ia.usPublic Hearing    No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend 661—Chapter 224, title, as follows:ABOVEGROUND PETROLEUMFLAMMABLE OR COMBUSTIBLE LIQUID STORAGE TANKS

        ITEM 2.    Amend rules 661—224.1(101) and 661—224.2(101) as follows:

    661—224.1(101) Scope.  These rules apply to aboveground petroleumflammable or combustible liquid storage tanks, as defined in Iowa Code section 101.21.    224.1(1)   The aboveground flammable or combustible liquid storage tanks program is located at the following address:State Fire Marshal DivisionIowa Department of Public SafetyAttn: Aboveground Storage Tank Administration215 East 7th StreetDes Moines, Iowa 50319    224.1(2)   The program may be contacted by electronic mail at sfmast@dps.state.ia.us or by the United States Postal Service.    224.1(3)   The website for the aboveground flammable or combustible liquid storage tanks program is: dps.iowa.gov/divisions/state-fire-marshal/licensing/above-ground-storage-tanks.

    661—224.2(101) DefinitionDefinitions.  The following definition appliesdefinitions apply to the rules in this chapter:        "Aboveground petroleumflammable or combustible liquid storage tank" means one or a combination of tanks, including connecting pipes connected to the tanks which are used to contain an accumulation of petroleumflammable or combustible liquid and the volume of which, including the volume of the underground pipes, is more than 90 percent above the surface of the ground. Aboveground petroleum storage tank“Aboveground flammable or combustible liquid storage tank” does not include any of the following:
    1. Aboveground tanks of 1100 gallons or less capacity.
    2. Tanks used for storing heating oil for consumptive use on the premises where stored.
    3. Underground storage tanks as defined by Iowa Code section 455B.471.
    4. A flow-through process tank, or a tank containing a regulated substance, other than motor fuel used for transportation purposes, for use as part of a manufacturing process, system, or facility.
    5. An aboveground tank that stores flammable liquids on a farm located outside the limits of a city if the aboveground tank has 2000 gallons or less capacity.
    6. An aboveground tank that stores combustible liquids on a farm located outside the limits of a city if the aboveground tank has 5000 gallons or less.
            "Combustible liquid" means any liquid that has a closed-cup flash point greater than or equal to 100 degrees Fahrenheit.        "Commodities" means crops as defined in Iowa Code section 202.1 or animals as defined in Iowa Code section 459.102.        "Farm" means land and associated improvements used to produce agricultural commodities, if at least $1000 is annually generated from the sale of the agricultural commodities.        "Flammable liquid" means a liquid with a closed-cup flash point below 100 degrees Fahrenheit and a Reid vapor pressure not exceeding 40 psi absolute, 2026.6 mm Hg, at 100 degrees Fahrenheit.        "Liquefied natural gas" means a fuel in the liquid state composed predominantly of methane and which may contain minor quantities of ethane, propane, nitrogen, or other components normally found in natural gas.        "Liquefied petroleum gas" means material composed predominantly of any of the following hydrocarbons, or mixtures of the same: propane, propylene, butanes (normal butane or isobutane), and butylenes.        "Operator" means a person in control of, or having responsibility for, the daily operation of an aboveground flammable or combustible liquid storage tank.        "Owner" means: in the case of an aboveground flammable or combustible liquid storage tank in use on or after July 1, 1989, a person who owns the aboveground flammable or combustible liquid storage tank used for the storage, use, or dispensing of flammable or combustible liquid, or in the case of an aboveground flammable or combustible liquid storage tank in use before July 1, 1989, but no longer in use on or after that date, a person who owned the tank immediately before the discontinuation of its use.        "Petroleum" means petroleum as defined in Iowa Code section 455B.471.

        ITEM 3.    Amend rules 661—224.4(101) to 661—224.8(101) as follows:

    661—224.4(101) Registration of existing and new tanks—fees.  All existing, new, replacement and out-of-service aboveground tanks of 1101-gallon capacity or greater shall be registered with the state fire marshal. This requirement applies to aboveground tanks used to store petroleumflammable or combustible liquids, as defined in Iowa Code section 455B.471, which includesinclude, but are not limited to, crude oil, heating oil offered for resale, motor fuels and oils such as gasoline, diesel fuels and motor oil. Tanks which are used, or planned for use, to store blended fuels which include either gasoline or diesel are subject to this requirement.    224.4(1) Registration form.  Registration forms for aboveground storage tanks may be obtained from thestate fire marshal division. A completed registration form shall be submitted to thestate fire marshal division, online or by mail as established in rule 661—224.1(101), by the date on which it is due and shall be accompanied by the applicable fee, including any applicable late charges.    224.4(2) Fees.  The annual registration fee for each tank shall be $10$20. The fee shall cover registration for each tank for one year, which ends on October 1. If a tank is registered on or after October 1 of any year, payment of the fee shall cover registration until the following October 1.    224.4(3) Registration deadline.  Each tank shall be registered annually by October 1 of each year.Exception: A tank may be registered for the first time on any date without penalty, provided that it has not previously been in use to store petroleum productsflammable or combustible liquids. A tank that is registered for the first time shall not be used to store petroleum productsflammable or combustible liquid until the registration has been completed and the registration tag has been attached to the tank.    224.4(4) Late fees.  A late fee of $25 per tank shall be imposed for failure to register a tank prior to October 31 each year. The fee shall apply individually to each tank for which registration was not completed prior to October 31.    224.4(5) Payment.  The registration fee, and any late fee if applicable, shall be submitted electronically or by draft, check, or money order in the applicable amount payable to the Iowa State Fire Marshal Division. Draft, check, or money order shall be addressed to the state fire marshal as established in subrule 224.1(1). Payment shall not be made in cash.

    661—224.5(101) Approval of plans.  A registration tag for a new aboveground storage tank shall not be issued prior to approval by the state fire marshal of plans for the installation of the tank and payment of the required plan reviewand registration fee. The state fire marshal may require inspection of the tank and payment of an inspection fee prior to use of the tank.

    661—224.6(101) Inspections and orders.      224.6(1) Inspections.  Any tank is subject to inspection at any time by the state fire marshal, an employee of the state fire marshal, a local fire chief, or any member of the local fire department designated by the local fire chief. Any of the persons listed who seeks to inspect a tank pursuant to this rule shall, upon request, be allowed access to any facility in which a tank or tanks are located. At any time such a facility is attended, the attendant shall allow immediate access to the facility to the person who requests access to the facility in order to conduct an inspection. If a facility is unattended, the person who seeks to conduct the inspection shall notify the owner or operator of the facility. During regular business hours, or between 8 a.m. and 4 p.m. Monday through Friday, access shall be allowed within one hour of notification. If access is sought other than during regular business hours, access shall be provided at 8 a.m. on the next weekday other than a holiday. If the person who seeks access to the facility indicates that access is being sought to investigate an emergency or potential emergency, the owner of the facility shall provide access within one hour of receiving the request, regardless of the time of day or day of the week when the request is received.    224.6(2) Orders.  If the person who conducts an inspection pursuant to subrule 224.6(1) finds that a tank is in violation of any applicable provision of this chapter, 661—Chapter 221, or Iowa Code chapter 101, the person may issue an order for correction. The order shall specify the violation or violations, corrective actions to be taken, and the time allowed for completion of the corrective actions.    224.6(3) Suspension of use.  If any corrective action ordered pursuant to subrule 224.6(2) is not completed in the time specified in the order issued pursuant to subrule 224.6(2), the state fire marshal may order that the tank be placed out of service until the corrective action or actions have been completed. If a tank is ordered to be placed out of service pursuant to this subrule, the tank shall have a sticker prominently affixed to it which states that the tank is out of service by order of the state fire marshal and that it is a violation of law to transfer any petroleum productflammable or combustible liquid into the tank.    224.6(4) Emergency order.  If thestate fire marshal finds that a violation identified during an inspection conducted pursuant to subrule 224.6(1) creates an imminent threat to public safety or public health, or if thestate fire marshal finds, after consultation with the department of natural resources, that such a violation creates an imminent threat of environmental damage, thestate fire marshal shall order that the tank be placed out of service immediately and may order that the tank be evacuated of liquid and purged of vapors. If a tank is ordered to be placed out of service pursuant to this subrule, the tank shall have a sticker prominently affixed to it which states that the tank is out of service by order of the state fire marshal and that it is a violation of law to transfer any petroleum productflammable or combustible liquid into the tank.    224.6(5) Notice.  Notice of any order issued pursuant to this rule shall be given to the owner or operator of a tank subject to the order. Notice of an emergency order issued pursuant to subrule 224.6(4) shall be given by personal service. Notice of any other order issued pursuant to this rule may be given by regular mail, electronic mail, or personal service.Exception: If the owner of a tank subject to an order issued pursuant to this rule is unknown or cannot be located, notice shall be considered to have been given if the notice is served personally to any person at the location of the tank or, if no person is present, by affixing the notice to the tank. Alternatively, notice may be given by mailing the notice to the address at which the tank is located, with a return receipt requested. Notification from the United States Postal Service that delivery was attempted unsuccessfully or that delivery was refused shall serve as proof that notice was given.

    661—224.7(101) Leaks, spills, or damage.  Any leak from, spill from, or damage to a storage tank shall be reported to the local fire department and, if required by law, to the department of natural resources. If a tank is leaking or has been damaged, it shall be placed out of service until the leak has been repaired. A sign shall be placed prominently on the tank stating that the tank is out of service and that no petroleum productflammable or combustible liquid shall be placed into the tank until required repairs have been completed.

    661—224.8(101) Civil penalty.  Thestate fire marshal may impose a civil penalty upon the owner of a storage tank for any of the following:
    1. Failure to register a storage tank currently being used to store a petroleum productflammable or combustible liquid if the registration is more than 30 days late.
    2. Allowing any petroleum productflammable or combustible liquid to be placed into a tank which has been ordered to be placed out of service and for which the order has not been rescinded or allowing any petroleum productflammable or combustible liquid to be placed into any tank which has been damaged or is leaking, if the damage or leak has not been repaired.
    A civil penalty issued pursuant to this rule and to Iowa Code section 101.26 shall not exceed $100 for each day during which the violation occurs or $1000 in total.
    ARC 5294CRevenue Department[701]Notice of Intended Action

    Proposing rule making related to electronic and paper filings and providing an opportunity for public comment

        The Revenue Department hereby proposes to amend Chapter 7, “Practice and Procedure Before the Department of Revenue,” and Chapter 8, “Forms and Communications,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 17A.3, 421.14, 422.13, 422.14, 422.16, 422.36, 423.31, 450.53, 452A.60 and 453A.14.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 17A.3, 421.14, 422.13, 422.14, 422.16, 422.36, 423.31, 450.53, 452A.60 and 453A.14.Purpose and Summary    The purpose of this proposed rule making is to move selected language related to electronic return filings in general from Chapter 7 to Chapter 8. Chapter 8 is a more appropriate location for this information. The amendment to rule 701—8.2(17A,421) expands options for signatures on paper filings to include copies and facsimiles of signatures.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 701—7.28(17A). 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 December 22, 2020. Comments should be directed to: Clara Wulfsen Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa Phone: 515.322.2900 Email: clara.wulfsen@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).Emergency Rule Making Adopted by Reference    This proposed rule making is also published herein as an Adopted and Filed Emergency rule making (see ARC 5291C, IAB 12/2/20). 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.

        ITEM 1.    Amend subrule 7.5(3) as follows:    7.5(3)   The signature of the petitioner, party, or authorized representativesubmitting the filing shall be subscribed in writingaffixed to the original of all pleadings, petitions, briefs, or motions and shall be an individual’s, and not a firm’san entity’s, name except that the signature of a corporation shall be the name of the corporation by one of its active officers. The name and mailing address of the party or the party’s representative actually signing shall be typed or printed immediately beneath the written signature. The signature shall constitute a certification that the signer has read the document; that to the best of the signer’s knowledge, information, and belief, every statement contained in the document is true; andthat no such statement is misleading.    a.    A taxpayer or the taxpayer’s representative using email or other electronic means to submit an income tax return, a sales tax or use tax return, a return for any other tax administered by the department, an application for a sales tax permit or other permit, a deposit form for remitting withholding tax or other taxes administered by the department, or any othera documentdescribed in this rule to the department may use an electronic signature, or a signature designated by the department in lieu of a handwritten signature. To the extent that a taxpayer or the taxpayer’s representative submits to the department a tax return, deposit document, application or other document by email or other electronic means with an electronic signature or signature designated by the department, the taxpayer should include in the record of the document the taxpayer’s federal identification number so that the taxpayer’s identity is established. For purposes of this rule, “electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a tax return, deposit document, or other document filed with the department and executed or adopted by a person with the intent to sign the return, deposit document, or other document filed with the department. For purposes of this rule, “signature designated by the department” means a symbol or other information that is provided by the department to the taxpayer or the taxpayer’s representative and is to serve instead of the handwritten signature of the taxpayer.Electronic signatures appear in many forms and may be created by many different technologies.    b.    In a situation whereIf the taxpayer or the taxpayer’s representative has submitted a return or other document to the department by email, the taxpayer should include the taxpayer’s email address in the record of the document.     c.    The department will accept either the original document, an electronically scanned and transmitted document, a facsimile, or a copy. All copies, facsimiles, and electronically scanned and transmitted documents must include a valid signature of the taxpayer or taxpayer’s representative, as applicable.    d.    However, notwithstanding the above information, a taxpayer may not submit a tax return or other document to the department with an electronic signature when a handwritten signature is required with the return or document by federal or state law.

        ITEM 2.    Amend rule 701—8.2(17A,421) as follows:

    701—8.2(17A,421) Department forms.      8.2(1) Generally.  The department and the director have developed and provide or prescribe department forms designed to help persons exercise their rights and discharge their duties under the tax laws and rules, to explain tax laws and rules, to assist in the administration of tax laws and rules, and to assist in general financial administration. Department forms may be available in electronic format, on paper, or in other formats as prescribed by the director. Communications with the department, for which department forms have been created, shall be carried out using those forms or substitute forms. Each direction of every instruction contained within or accompanying department forms shall be followed, and each question within or accompanying every form shall be answered as if the instructions and forms were contained in these rules.    8.2(2) Obtaining department forms.  Department forms and instructions may be obtained from theTaxpayer Services, Iowa Department of Revenue, Policy and Communications Division, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306-0457; by telephoning (800)367-3388 or (515)281-3114; or on the department’s Web sitewebsite at https://tax.iowa.gov/tax.iowa.gov.    8.2(3) Filing department forms.  A department form may be filed with the department as directed on the department form or in the corresponding instructions. Filing a department form using any other method requires prior approval from the department. Attempting to file a department form using an unapproved method may, at the discretion of the director, result in the rejection of the form and all information contained therein.     8.2(4) Removable media and electronic reporting.  Submitting a department form on removable media, such as compact disc, requires prior approval from the department. No prior approval is necessary for electronic reporting when the reporting is in accordance with department policy. Any electronic reporting of a department form requires department approval, unless otherwise authorized. Additional information regarding electronic reporting is available at Processing Services, P.O. Box 10413, Des Moines, Iowa 50306; or by e-mail at IDRSubForms@iowa.gov.    8.2(5) Electronic reporting.  No prior approval is necessary for electronic reporting when the reporting is in accordance with department policy. Any other electronic reporting of a department form requires department approval, unless otherwise authorized. Additional information regarding electronic reporting is available at iowaforms.gov.    8.2(6) Signatures.      a.    Paper filings.Unless expressly prohibited by state or federal law, a return, application, or other form may be submitted using an original signature, or a copy or facsimile of a signature. For purposes of this rule, “copy or facsimile of a signature” may be a copy or facsimile of an original signature or a copy or facsimile of an electronic signature.    b.    Electronic filings.For income tax returns submitted through the IRS e-file program, see rule 701—8.5(422). For all other returns, applications, or other documents, the following applies. Unless expressly prohibited by state or federal law, a return, application or other form accepted by the department as filed by email or other electronic means may be submitted using an electronic signature or a signature designated by the department in lieu of a handwritten signature. For purposes of this rule, “electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a tax return, application, or other document filed with the department and executed or adopted by a person with the intent to sign the return, application, or other document filed with the department. Electronic signatures appear in many forms and may be created by many different technologies. No specific technology is required. For purposes of this rule, “signature designated by the department” means a symbol or other information that is provided by the department to the taxpayer or the taxpayer’s representative and is to serve instead of the handwritten signature of the taxpayer. In a situation where the taxpayer or the taxpayer’s representative has submitted a return, application, or other document to the department by email, the taxpayer should include the taxpayer’s email address in the record of the document. To the extent that a document is submitted by email or other electronic means with an electronic signature or signature designated by the department, the taxpayer should include in the record of the document the taxpayer’s federal identification number so that the taxpayer’s identity is established.       This rule is intended to implement Iowa Code sections 17A.3(1)“b,and421.14, 422.13, 422.14, 422.16, 422.36, 423.31, 450.53, 452A.60, and 453A.14.
    ARC 5290CTransportation Department[761]Notice of Intended Action

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

        The Department of Transportation hereby proposes to amend Chapter 131, “Signing on Primary Highways,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 307.12 and 314.31.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 314.31 and 321.252.Purpose and Summary    This proposed rule making updates Chapter 131 to comply with 2020 Iowa Acts, Senate File 388, sections 1 and 2; corrects the name of the Traffic and Safety Bureau; and makes editorial changes to the introductory paragraphs of several rules for consistency within the chapter.    2020 Iowa Acts, Senate File 388, adds section 314.31 to the Iowa Code. This section requires the Department to adopt rules to define the procedures and requirements for private entities to purchase and pay for the installation of signs designating the Iowa Medal of Honor Highway. This highway is defined as the segment of United States Highway 20, as designated as of June 17, 2020, which crosses Iowa from Sioux City to Dubuque.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. The number of signs that will be installed on the Iowa Medal of Honor Highway is limited, and the cost and installation of the signs will be paid for by private entities. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11.Public Comment    Any interested person may submit written comments concerning this proposed rule making or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on December 22, 2020. Comments should be directed to: Tracy George Department of Transportation DOT Rules Administrator, Strategic Communications and Policy Bureau 800 Lincoln Way Ames, Iowa 50010 Email: tracy.george@iowadot.usPublic Hearing    If requested, a public hearing to hear oral presentations will be held on December 28, 2020, via conference call from 9 to 10 a.m. Persons who wish to participate in the conference call should contact Tracy George before 4:30 p.m. on December 22, 2020, to facilitate an orderly hearing. A conference call number will be provided to participants prior to the hearing.     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.    Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George, the Department’s rules administrator, and advise of specific needs.     The public hearing will be canceled without further notice if no oral presentation is requested. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Strike “office of traffic safety” wherever it appears in rules 761—131.1(321) to 761—131.3(321) and 761—131.6(321) to 761—131.8(321) and insert “traffic and safety bureau” in lieu thereof.

        ITEM 2.    Amend rule 761—131.2(321), introductory paragraph, as follows:

    761—131.2(321) Erection of signs for numbered business routes.  The purpose of thisThis rule is to establishestablishes signing requirements, responsibilities and procedures for the erection of signs for numbered business routes.

        ITEM 3.    Amend rule 761—131.3(321), introductory paragraph, as follows:

    761—131.3(321) Erection of signs for schools.  The purpose of thisThis rule is to establishestablishes requirements and procedures for the erection of signs for schools.

        ITEM 4.    Amend rule 761—131.4(321), introductory paragraph, as follows:

    761—131.4(321) Erection of camping service signs on interstate highways.  The purpose of thisThis rule is to establishestablishes requirements and procedures for the erection of camping service signs.

        ITEM 5.    Amend rule 761—131.5(321), introductory paragraph, as follows:

    761—131.5(321) Erection of signs for sanitary landfills.  The purpose of thisThis rule is to establishestablishes requirements and procedures for the erection of signs for sanitary landfills.

        ITEM 6.    Amend rule 761—131.6(321), introductory paragraph, as follows:

    761—131.6(321) Erection of signs for special events.  The purpose of thisThis rule is to establishestablishes requirements, procedures and responsibilities for the erection of signs for special events.

        ITEM 7.    Amend rule 761—131.7(321), introductory paragraph, as follows:

    761—131.7(321) Erection of signs for organized off-highway camps.  The purpose of thisThis rule is to establishestablishes requirements, procedures and responsibilities for the erection of signs for organized off-highway camps.

        ITEM 8.    Amend rule 761—131.8(321), introductory paragraph, as follows:

    761—131.8(321) Erection of signs for county conservation parks.  The purpose of thisThis rule is to establishestablishes requirements, procedures and responsibilities for the erection of signs for county conservation parks.

        ITEM 9.    Amend rule 761—131.9(321), introductory paragraph, as follows:

    761—131.9(321) Erection of no parking signs.  The purpose of thisThis rule is to establishestablishes procedures and conditions for the erection of no parking signs on rural primary highways.

        ITEM 10.    Adopt the following new rule 761—131.11(314):

    761—131.11(314) Signing for Iowa medal of honor highway.  This rule establishes the procedures and requirements for private entities to purchase and pay for the installation of signs designating the Iowa medal of honor highway.    131.11(1) Definition.  "Iowa medal of honor highway" means the segment of the highway known as United States Highway 20, as designated as of June 17, 2020, which crosses this state from Sioux City to Dubuque.    131.11(2) Requirements.      a.    The number of signs within the highway right-of-way shall be limited to one sign at each end of the Iowa medal of honor highway for traffic entering the state and one sign at each entry point of the corporate limits of each city through which the Iowa medal of honor highway passes.    b.    Each sign shall match the design approved and provided by the department, and the sign materials shall comply with departmental standard specifications as they exist at the time of fabrication. The departmental standard specifications can be found through the department’s electronic reference library available on the department’s website at www.iowadot.gov.    c.    Once signs are installed at one of the approved locations, no additional requests will be accepted for that location. When signs have been installed at all locations identified in paragraph 131.11(2)“a,” no further requests will be accepted.    d.    The applicant may purchase a sign from the department’s sign shop or any other private sign shop. If an applicant chooses to obtain a sign from a private sign shop, the department will furnish the sign design and approve the construction prior to purchase. The department will also inspect the sign as stated in subrule 131.11(5).    e.    Signs designating the Iowa medal of honor highway shall be furnished and paid for by the applicants, including any replacements needed due to sign deterioration or damage. The applicant is responsible for providing the traffic and safety bureau with the applicant’s current contact information so the applicant can be contacted when a replacement sign is needed. Failure to comply with this requirement may result in removal of all signs the applicant purchased. This would allow a new private entity to sponsor the signing.    f.    The applicant shall be responsible for the cost to install the sign, including the posts and hardware. Payment to the department must be received prior to the installation of the sign.    g.    The department shall install the sign.    131.11(3) Procedures.      a.    A written request to purchase or install a sign shall be submitted to the traffic and safety bureau.    b.    The request shall contain the following:    (1)   The applicant’s name and contact information.    (2)   A description of the location where the sign is to be installed.    (3)   If the sign will be purchased from the department or a private sign shop.    131.11(4) Approval.  If the request complies with this rule, the traffic and safety bureau shall respond to the applicant with approval of the proposed location or modified location and an estimate of the costs for the sign and installation. Following inspection of the sign in compliance with subrule 131.11(5) and receipt of payment, the department shall install the sign.    131.11(5) Inspection.  If a sign is not purchased from the department sign shop, the applicant shall deliver the sign to the department sign shop for inspection. Upon receipt of the sign, the department shall inspect the sign for compliance with the approved sign design and departmental specifications and notify the applicant.

        ITEM 11.    Amend rule 761—131.15(321) as follows:

    761—131.15(321) Information and address.  Information regarding the signing addressed in this chapter is available from: Office of Traffic and SafetyBureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010. Submissions to the office of traffic and safetybureau shall also be sent or delivered to this address.

        ITEM 12.    Amend 761—Chapter 131, implementation sentence, as follows:       These rules are intended to implement Iowa Code sections 314.31,321.252 and 321.253.
    ARC 5292CTransportation Department[761]Notice of Intended Action

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

        The Department of Transportation hereby proposes to amend 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 proposed 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 321.454, 321.456, 321.457 and 321E.29.Purpose and Summary    This proposed rule making updates Chapter 511 to align the rules with existing legal authority, Department practice, and Iowa Code chapters 321 and 321E as amended by 2020 Iowa Acts, House File 2310, sections 1 to 4.    The proposed amendments strike references to the permit for divisible loads of hay, straw, stover, or bagged livestock bedding since that permit was eliminated by the Legislature and clarifies that a permit for special or emergency circumstances is also authorized under Iowa Code section 321E.29(1). The proposed amendments also add a reference to the fee for a special alternative energy permit, which is set forth in Iowa Code section 321E.14 but was not previously included in Chapter 511. A technical change is proposed to the payment methods accepted by the Department so that the rule will align with current Department procedures.    The proposed amendments conform with the current Department practice of permittees accessing the most up-to-date route and detour information from the 511ia.org website, rather than having to call a person at the Department to receive the information.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11. Public Comment    Any interested person may submit written comments concerning this proposed rule making or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on December 22, 2020. Comments should be directed to: Tracy George Department of Transportation DOT Rules Administrator, Strategic Communications and Policy Bureau 800 Lincoln Way Ames, Iowa 50010 Email: tracy.george@iowadot.usPublic Hearing    If requested, a public hearing to hear oral presentations will be held on December 28, 2020, via conference call from 1 to 2 p.m. Persons who wish to participate in the conference call should contact Tracy George before 4:30 p.m. on December 22, 2020, to facilitate an orderly hearing. A conference call number will be provided to participants prior to the hearing.     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.    Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George, the Department’s rules administrator, and advise of specific needs.     The public hearing will be canceled without further notice if no oral presentation is requested. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend subrule 511.2(4), introductory paragraph, as follows:    511.2(4)   Except as provided in subrule 511.7(6) and rule 761—511.15(321,321E), permits may be issued only for the transporting of a single article which exceeds statutory size or weight limits or both, and which cannot reasonably be divided or reduced to statutory size and weight limits. However, permits may be issued for the transporting of property consisting of more than one article when:

        ITEM 2.    Amend paragraph 511.4(2)"a" as follows:    a.    Applications for permits for movement on the primary road system shall be made online or on ain the formand manner prescribed by the department.

        ITEM 3.    Amend rule 761—511.5(321,321E) as follows:

    761—511.5(321,321E) Fees and charges.      511.5(1) Annual oversize permit.  A fee of $50 shall be charged for each annual permit issued pursuant to Iowa Code section 321E.8, payable prior to the issuance of the permit. Carriers purchasing annual permits in advance of use cannot return unused permits for refunds.    511.5(2) AnnualSpecial or emergency oversize permit for certain divisible loads.  A fee of $25 shallmay be charged for each annualsingle-trip permit issued pursuant to Iowa Code section 321E.29, payable prior to the issuance of the permit. Only divisible loads of hay, straw, stover, or bagged livestock bedding are permitted under this permit.    511.5(3) Annual raw forest products permit.  A fee of $175 shall be charged for each annual permit issued pursuant to Iowa Code section 321E.26 for divisible loads of raw forest products, payable prior to the issuance of the permit.    511.5(4) Annual oversize/overweight permit.  A fee of $400 shall be charged for each annual oversize/overweight permit, payable prior to the issuance of the permit. Transfer of current annual oversize/overweight permit to a replacement vehicle may be allowed when the original vehicle has been damaged in an accident, junked or sold.    511.5(5) All-systems permit.  A fee of $160 shall be charged for each annual all-systems permit, payable prior to the issuance of the permit.    511.5(6) Bridge-exempt permit.  A fee of $25 shall be charged for each bridge-exempt permit issued pursuant to Iowa Code section 321E.7, payable prior to the issuance of the permit.    511.5(7) Multitrip permit.  A fee of $200 shall be charged for each multitrip permit, payable prior to the issuance of the permit.     511.5(8) Raw milk permit.  A fee of $25 shall be charged for each raw milk permit issued pursuant to Iowa Code section 321E.29A, payable prior to the issuance of the permit.    511.5(9) Single-trip permit.  A fee of $35 shall be charged for each single-trip permit, payable prior to the issuance of the permit.    511.5(10) Special alternative energy multitrip permit.  A fee of $600 shall be charged for each special alternative energy multitrip permit issued pursuant to Iowa Code section 321E.9B, payable prior to the issuance of the permit.     511.(10) 511.5(11) Compacted rubbish permit.  A fee of $100 shall be charged for each compacted rubbish permit, payable prior to the issuance of the permit.    511.(11) 511.5(12) Duplicate permit.  A fee of $2 shall be charged for each duplicate permit, payable prior to the issuance of the permit.    511.(12) 511.5(13) Registration fee.  A registration fee shall be charged for vehicles transporting buildings, except mobile homes and factory-built structures, on a single-trip basis. The vehicle shall be registered for the combined gross weight of the vehicle and load. The fee shall be 5 cents per ton exceeding the weight registered under Iowa Code section 321.122 per mile of travel and shall be payable prior to the issuance of the permit. Fees shall not be prorated for fractions of miles.    511.(13) 511.5(14) Fair and reasonable costs.  Permit-issuing authorities may charge any permit applicant:    a.    A fair and reasonable cost for the removal and replacement of natural obstructions or official signs and signals.    b.    A fair and reasonable cost for measures necessary to avoid damage to public property including structures and bridges.    511.(14) 511.5(15) Methods of payment.  Fees and costs required under this chapter shall normally be paid by credit card, certified check, cashier’s check, traveler’s check, bank draft or cash. Personal checks may be accepted at the discretion of the permit-issuing authorityin the form and manner prescribed by the department.       This rule is intended to implement Iowa Code sections 321.12, 321.122, 321E.14, 321E.29, 321E.29A and 321E.30.

        ITEM 4.    Amend rule 761—511.7(321,321E), introductory paragraph, as follows:

    761—511.7(321,321E) Annual permits.  Annual permits are issued for indivisible vehicles or indivisible loads for travel when the dimensions of the vehicle or load exceed statutory limits but the weight is within statutory limits. Routing is subject to embargoed bridges and roads and posted speed limits. The owner or operator shall select a route using the vertical clearance map and road construction and travel restrictions map provided by the department. DetourRoute, detour and road embargo information may also be found online at: www.511ia.org. Prior to making the move, the owner or operator shall contact the department by telephone at (515)237-3264 between 8 a.m. and 4:30 p.m., Monday through Friday, except for legal holidays, to verify that the owner or operator is using the most recent information. Annual permits are issued for the following:

        ITEM 5.    Rescind subrule 511.7(6).

        ITEM 6.    Amend rule 761—511.7(321,321E), implementation sentence, as follows:       This rule is intended to implement Iowa Code sections 321.454, 321.456, 321.457, 321.463, 321E.2, 321E.3, 321E.8, 321E.10, 321E.29 and 321E.29A.

        ITEM 7.    Amend paragraph 511.8(1)"e" as follows:    e.    Routing.The owner or operator shall select a route using a vertical clearance map, bridge embargo map, pavement restrictions map, and construction and travel restrictions map provided by the department. DetourRoute, detour and road embargo information may be found online at www.511ia.org. The owner or operator shall contact the department by telephone at (515)237-3264 between 8 a.m. and 4:30 p.m., Monday through Friday, except for legal holidays, prior to making the move to verify that the owner or operator is using the most recent information.

        ITEM 8.    Rescind and reserve subrule 511.9(6).

        ITEM 9.    Amend rule 761—511.9(321,321E), implementation sentence, as follows:       This rule is intended to implement Iowa Code sections 321.454, 321.456, 321.457, 321.463, 321E.2, 321E.3, 321E.8,and321E.10and 321E.29.

        ITEM 10.    Amend rule 761—511.12(321,321E), implementation sentence, as follows:       This rule is intended to implement Iowa Code sections 321.454, 321.456, 321.457, 321.463, 321E.2, 321E.3,and 321E.9 and 321E.29.

        ITEM 11.    Rescind subrule 511.15(4).
    ARC 5297CVeterinary Medicine Board[811]Notice of Intended Action

    Proposing rule making related to disclosure of patient records and providing an opportunity for public comment

        The Board of Veterinary Medicine hereby proposes to amend Chapter 12, “Standards of Practice,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 169.5.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 169.5.Purpose and Summary    The proposed amendment allows veterinarians to disclose patient records when the law authorizes or requires them to disclose such information.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the 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. Public Comment    Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 22, 2020. Comments should be directed to: Maury Noonan Iowa Department of Agriculture and Land Stewardship Wallace State Office Building 502 East 9th Street Des Moines, Iowa 50319 Phone: 515.281.7808 Email: maury.noonan@iowaagriculture.govPublic Hearing    No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making action is proposed:

        ITEM 1.    Amend subrule 12.4(2), introductory paragraph, as follows:    12.4(2) Patient records.  Veterinary medical records are an integral part of veterinary care. Medical records are the property of the veterinary practice. Each licensed veterinarian shall maintain for at least five years an easily retrievable record for each patient that receives veterinary services. The record must be available for inspection by the client during normal business hours. The information within veterinary medical records is privileged and confidential and shall not be released except by court order, a public health emergency,or consent of the client, or as otherwise authorized by law. The licensed veterinarian in charge shall provide a copy of the complete record to the client not later than two business days after the licensed veterinarian or practice receives from the client a request for the record. A licensed veterinarian or veterinary practice may have an additional three business days to provide a copy of nondigital diagnostic images. The licensed veterinarian may charge reasonable and customary fees for the copying of records.
    ARC 5291CRevenue Department[701]Adopted and Filed Emergency

    Rule making related to electronic and paper filings

        The Revenue Department hereby amends Chapter 7, “Practice and Procedure Before the Department of Revenue,” and Chapter 8, “Forms and Communications,” Iowa Administrative Code. Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 17A.3, 421.14, 422.13, 422.14, 422.16, 422.36, 423.31, 450.53, 452A.60 and 453A.14.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 17A.3, 421.14, 422.13, 422.14, 422.16, 422.36, 423.31, 450.53, 452A.60 and 453A.14.Purpose and Summary    The purpose of this rule making is to move selected language related to electronic return filings in general from Chapter 7 to Chapter 8. Chapter 8 is a more appropriate location for this information. The amendment to rule 701—8.2(17A,421) expands options for signatures on paper filings to include copies and facsimiles of signatures.Reason for Adoption of Rule Making Without Prior Notice and Opportunity for Public Participation    Pursuant to Iowa Code section 17A.4(3), the Department finds that notice and public participation are unnecessary or impractical because the current COVID-19 pandemic necessitates that the Department expediently expand options for taxpayers and practitioners to interact with each other and the Department by electronic means. Over the past several months, it became clear that permitting copies of signatures on paper filings would be beneficial to members of the public as they continue to observe state and federal guidelines related to COVID-19.     In compliance with Iowa Code section 17A.4(3)“a,” the Administrative Rules Review Committee at its November 10, 2020, meeting reviewed the Department’s determination and this rule making and approved the emergency adoption.Reason for Waiver of Normal Effective Date    Pursuant to Iowa Code section 17A.5(2)“b”(1)(b), 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 November 10, 2020, because it confers a benefit to the public that will aid in the protection of public health.Adoption of Rule Making    This rule making was adopted by the Department on November 10, 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 5294C to allow for public comment.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 701—7.28(17A).Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making became effective on November 10, 2020.    The following rule-making actions are adopted:

        ITEM 1.    Amend subrule 7.5(3) as follows:    7.5(3)   The signature of the petitioner, party, or authorized representativesubmitting the filing shall be subscribed in writingaffixed to the original of all pleadings, petitions, briefs, or motions and shall be an individual’s, and not a firm’san entity’s, name except that the signature of a corporation shall be the name of the corporation by one of its active officers. The name and mailing address of the party or the party’s representative actually signing shall be typed or printed immediately beneath the written signature. The signature shall constitute a certification that the signer has read the document; that to the best of the signer’s knowledge, information, and belief, every statement contained in the document is true; andthat no such statement is misleading.    a.    A taxpayer or the taxpayer’s representative using email or other electronic means to submit an income tax return, a sales tax or use tax return, a return for any other tax administered by the department, an application for a sales tax permit or other permit, a deposit form for remitting withholding tax or other taxes administered by the department, or any othera documentdescribed in this rule to the department may use an electronic signature, or a signature designated by the department in lieu of a handwritten signature. To the extent that a taxpayer or the taxpayer’s representative submits to the department a tax return, deposit document, application or other document by email or other electronic means with an electronic signature or signature designated by the department, the taxpayer should include in the record of the document the taxpayer’s federal identification number so that the taxpayer’s identity is established. For purposes of this rule, “electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a tax return, deposit document, or other document filed with the department and executed or adopted by a person with the intent to sign the return, deposit document, or other document filed with the department. For purposes of this rule, “signature designated by the department” means a symbol or other information that is provided by the department to the taxpayer or the taxpayer’s representative and is to serve instead of the handwritten signature of the taxpayer.Electronic signatures appear in many forms and may be created by many different technologies.    b.    In a situation whereIf the taxpayer or the taxpayer’s representative has submitted a return or other document to the department by email, the taxpayer should include the taxpayer’s email address in the record of the document.     c.    The department will accept either the original document, an electronically scanned and transmitted document, a facsimile, or a copy. All copies, facsimiles, and electronically scanned and transmitted documents must include a valid signature of the taxpayer or taxpayer’s representative, as applicable.    d.    However, notwithstanding the above information, a taxpayer may not submit a tax return or other document to the department with an electronic signature when a handwritten signature is required with the return or document by federal or state law.

        ITEM 2.    Amend rule 701—8.2(17A,421) as follows:

    701—8.2(17A,421) Department forms.      8.2(1) Generally.  The department and the director have developed and provide or prescribe department forms designed to help persons exercise their rights and discharge their duties under the tax laws and rules, to explain tax laws and rules, to assist in the administration of tax laws and rules, and to assist in general financial administration. Department forms may be available in electronic format, on paper, or in other formats as prescribed by the director. Communications with the department, for which department forms have been created, shall be carried out using those forms or substitute forms. Each direction of every instruction contained within or accompanying department forms shall be followed, and each question within or accompanying every form shall be answered as if the instructions and forms were contained in these rules.    8.2(2) Obtaining department forms.  Department forms and instructions may be obtained from theTaxpayer Services, Iowa Department of Revenue, Policy and Communications Division, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306-0457; by telephoning (800)367-3388 or (515)281-3114; or on the department’s Web sitewebsite at https://tax.iowa.gov/tax.iowa.gov.    8.2(3) Filing department forms.  A department form may be filed with the department as directed on the department form or in the corresponding instructions. Filing a department form using any other method requires prior approval from the department. Attempting to file a department form using an unapproved method may, at the discretion of the director, result in the rejection of the form and all information contained therein.     8.2(4) Removable media and electronic reporting.  Submitting a department form on removable media, such as compact disc, requires prior approval from the department. No prior approval is necessary for electronic reporting when the reporting is in accordance with department policy. Any electronic reporting of a department form requires department approval, unless otherwise authorized. Additional information regarding electronic reporting is available at Processing Services, P.O. Box 10413, Des Moines, Iowa 50306; or by e-mail at IDRSubForms@iowa.gov.    8.2(5) Electronic reporting.  No prior approval is necessary for electronic reporting when the reporting is in accordance with department policy. Any other electronic reporting of a department form requires department approval, unless otherwise authorized. Additional information regarding electronic reporting is available at iowaforms.gov.    8.2(6) Signatures.      a.    Paper filings.Unless expressly prohibited by state or federal law, a return, application, or other form may be submitted using an original signature, or a copy or facsimile of a signature. For purposes of this rule, “copy or facsimile of a signature” may be a copy or facsimile of an original signature or a copy or facsimile of an electronic signature.    b.    Electronic filings.For income tax returns submitted through the IRS e-file program, see rule 701—8.5(422). For all other returns, applications, or other documents, the following applies. Unless expressly prohibited by state or federal law, a return, application or other form accepted by the department as filed by email or other electronic means may be submitted using an electronic signature or a signature designated by the department in lieu of a handwritten signature. For purposes of this rule, “electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a tax return, application, or other document filed with the department and executed or adopted by a person with the intent to sign the return, application, or other document filed with the department. Electronic signatures appear in many forms and may be created by many different technologies. No specific technology is required. For purposes of this rule, “signature designated by the department” means a symbol or other information that is provided by the department to the taxpayer or the taxpayer’s representative and is to serve instead of the handwritten signature of the taxpayer. In a situation where the taxpayer or the taxpayer’s representative has submitted a return, application, or other document to the department by email, the taxpayer should include the taxpayer’s email address in the record of the document. To the extent that a document is submitted by email or other electronic means with an electronic signature or signature designated by the department, the taxpayer should include in the record of the document the taxpayer’s federal identification number so that the taxpayer’s identity is established.       This rule is intended to implement Iowa Code sections 17A.3(1)“b,and421.14, 422.13, 422.14, 422.16, 422.36, 423.31, 450.53, 452A.60, and 453A.14.
        [Filed Emergency 11/10/20, effective 11/10/20][Published 12/2/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/2/20.
    ARC 5304CEducational Examiners Board[282]Adopted and Filed

    Rule making related to military exchange license issuance fee

        The Educational Examiners Board hereby amends Chapter 12, “Fees,” and Chapter 13, “Issuance of Teacher Licenses and Endorsements,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 272.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 272.2.Purpose and Summary    These amendments remove the military exchange license issuance fee, which will reduce fees for military exchange license applicants and streamline accounting.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 9, 2020, as ARC 5168C. A public hearing was held on September 30, 2020, at 1 p.m. in the Board Room, 701 East Court Avenue, Suite A, 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 October 23, 2020.Fiscal Impact    The Board issues approximately 25 military exchange licenses per year. This amendment would reduce the Board’s collections by $10 per military exchange license, for a total estimated fiscal impact of approximately $250 per year. 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 282—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 January 6, 2021.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 282—12.1(272) as follows:

    282—12.1(272) Issuance of licenses, certificates, authorizations, and statements of professional recognition.  All application and licensure fees are nonrefundable. The fee for the issuance of a license, certificate, statement of professional recognition, or authorization shall be $85 unless otherwise specified below:
    1. Class E emergency license shall be $150.
    2. Paraeducator certificate shall be $40.
    3. Behind-the-wheel authorization shall be $40.
    4. Military exchange license shall not require a fee for issuance.

        ITEM 2.    Rescind paragraph 13.17(3)"f".    [Filed 11/3/20, effective 1/6/21][Published 12/2/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/2/20.
    ARC 5303CEducational Examiners Board[282]Adopted and Filed

    Rule making related to substitute authorization

        The Educational Examiners Board hereby amends Chapter 13, “Issuance of Teacher Licenses and Endorsements,” Chapter 22, “Authorizations,” and Chapter 24, “Paraeducator Certificates,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 272.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 272.2.Purpose and Summary    These amendments add substitute authority to holders of the career and technical education authorization, professional service license, and native language teaching authorization; increase the day limit for work in one assignment by a holder of the substitute authorization; change the degree requirement from a bachelor’s degree to an associate’s degree or 60 semester hours of college coursework from a regionally accredited institution; allow for reciprocity; and add a substitute authorization as an area of concentration for paraeducators.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 9, 2020, as ARC 5169C. A public hearing was held on September 30, 2020, at 1 p.m. in the Board Room, 701 East Court Avenue, Suite A, Des Moines, Iowa. No one attended the public hearing.    The Board received six public comments. Two were in opposition, one from an individual administrator and one from the Iowa State Education Association. One comment from the Iowa Association of School Boards expressed opposition to the removal of the time limit for holders of the substitute authorization but support for other provisions of the rule. The three comments in support of the changes came from two individual administrators and a representative of the Rural School Advocates of Iowa and the Urban Education Network.    In response to public comment, the Board elected to adopt a version of Item 2 that does not remove the time limitation for holders of a substitute authorization to serve in one assignment. The adopted amendments increase this limitation from no more than 5 consecutive days in one assignment or 10 days in a 30-day period to no more than 10 consecutive days in one assignment.Adoption of Rule Making    This rule making was adopted by the Board on October 23, 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 282—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 January 6, 2021.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 282—13.16(272) as follows:

    282—13.16(272) Specific requirements for a substitute teacher’s license.      13.16(1) Substitute teacher requirements.  A substitute teacher’s license may be issued to an individual who provides verification of successfully passing the Iowa-mandated assessment(s) by meeting the minimum score set by the Iowa department of education if the teacher preparation program was completed on or after January 1, 2013, and who:    a.    Has completed a traditional teacher preparation program and been the holder of, or presently holds, or is eligible to hold, a license in Iowa; or     b.    Holds a valid or expired teaching certificate based on a nontraditional teacher preparation program, is able to verify three years of teaching experience, and provides passing scores on tests mandated by the state that issued the certificate. The license issued will contain a disclaimer stating that the holder of this license may not be eligible for full Iowa teaching licensure.    13.16(2) Validity.  A substitute license is valid for five years and for not more than 90 days of teaching in one assignment during any one school year. A school district administrator may file a written request with the board for an extension of the 90-day limit in one assignment on the basis of documented need and benefit to the instructional program. The board will review the request and provide a written decision either approving or denying the request.    13.16(3) Authorization.  The holder of a substitute license is authorized to substitute teach in any school system in any position in which a regularly licensed teacher is employed except in the driver’s education classroom. In addition to the authority inherent in the initial, standard, master educator, professional administrator, regional exchange,full career and technical education authorization, full native language teaching authorization, professional service license, and permanent professional licenses and the endorsement(s) held, the holder of one of these regular licenses may substitute on the same basis as the holder of a substitute license while the regular license is in effect. The executive director may grant permission for a substitute to serve outside of a substitute’s regular authority under unique circumstances.

        ITEM 2.    Amend rule 282—22.2(272) as follows:

    282—22.2(272) Substitute authorization.  A substitute authorization allows an individual to substitute in grades PK-12 for no more than 5ten consecutive days and no more than 10 days in a 30-day period in one job assignment for a regularly assigned teacher who is absent, except in the driver’s education classroom. A school district administrator may file a written request with the board for an extension of the 10-dayten-day limit in one job assignment on the basis of documented need and benefit to the instructional program. The licensure committeeexecutive director or appointee will review the request and provide a written decision either approving or denying the request. An individual who holds a paraeducator certificate without a bachelor’s degree and completes the substitute authorization program is authorized to substitute only in the special education classroom in which the individual paraeducator is employed. For these individuals, the authorization will appear on the paraeducator certificate and will not include separate renewal requirements.    22.2(1) Application process.  Any person interested in the substitute authorization shall submit records of credit to the board of educational examiners for an evaluation in terms of the required courses or contact hours. Application materials are available from the office of the board of educational examiners, online at www.boee.iowa.gov or from institutions or agencies offering approved courses or contact hours.    a.    Requirements.Applicants for the substitute authorization shall meet the following requirements:    (1)   Authorization program. Applicants must complete a board of educational examiners-approved substitute authorization program consisting of the following components and totaling a minimum of 15 clock hours:
    1. Classroom management. This component includes an understanding of individual and group motivation and behavior to create a learning environment that encourages positive social interaction, active engagement in learning, and self-motivation.
    2. Strategies for learning. This component includes understanding and using a variety of learning strategies to encourage students’ development of critical thinking, problem solving, and performance skills.
    3. Diversity. This component includes understanding how students differ in their approaches to learning and creating learning opportunities that are equitable and are adaptable to diverse learners.
    4. Ethics. This component includes fostering relationships with parents, school colleagues, and organizations in the larger community to support students’ learning and development and to be aware of the board’s rules of professional practice and competent performance.
        (2)   Degree or certificate. Applicants must have achieved at least one of the following:a minimum of an associate’s degree or 60 semester hours of college coursework from a regionally accredited institution.
    1. Hold a baccalaureate degree or higher from a regionally accredited institution.
    2. Completed an approved paraeducator certification program and hold a paraeducator certificate.
        (3)   Minimum age. Applicants must have attained a minimum age of 21 years.    (4)   Background check. Applicants must complete the background check requirements set forth in rule 282—13.1(272).
        b.    Additional requirements.An applicant under this subrule shall be granted a substitute authorization and will not be subject to the authorization program coursework if the following additional requirements have been met:    (1)   Verification of Iowa residency or, for military spouses, verification of a permanent change of military installation.    (2)   Valid or expired substitute authorization in good standing from another state without pending disciplinary action, valid for a minimum of one year, exclusive of a temporary, emergency license or certificate.    b.    c.    Validity.The substitute authorization shall be valid for five years.    c.    d.    Renewal.The authorization may be renewed upon application and verification of successful completion of:    (1)   Renewal units. Applicants for renewal of the substitute authorization must provide verification of a minimum of two licensure renewal units or semester hours of renewal credits.    (2)   Child and dependent adult abuse trainings. Every renewal applicant must submit documentation of completion of the child and dependent adult abuse trainings pursuant to 282—subrule 20.3(4).
        22.2(2) Revocation and suspension.  Criteria of professional practice and rules of the board of educational examiners shall be applicable to the holders of the substitute authorization.    22.2(3) Approval of courses.  Each institution of higher education, private college or university, merged area school or area education agency wishing to offer the semester credit or contact hours for the substitute authorization must submit course descriptions for each offering to the board of educational examiners for approval. After initial approval, any changes by agencies or institutions in course offerings shall be filed with the board of educational examiners.    22.2(4) Preservice substitute authorization.  A nonrenewable preservice substitute authorization may be issued to applicants who do not meet the requirements in subrule 22.2(1) but who are enrolled in a state-approved Iowa teacher preparation program.    a.    Requirements.Eligible applicants for the preservice substitute authorization shall meet the following requirements:    (1)   Recommendation from the designated recommending official at the Iowa institution where the applicant is enrolled as a teacher preparation candidate. The recommending official will verify the following for each applicant:
    1. Full admission into a teacher preparation program, which must include passing scores on entry assessments.
    2. Junior or senior standing.
    3. Exemplary classroom readiness as identified by the teacher preparation program.
        (2)   Background check. Applicants must complete the background check requirements set forth in rule 282—13.1(272).     (3)   Minimum age. Applicants must have attained a minimum age of 21 years.
        b.    Validity.The preservice substitute authorization is valid for a maximum of two years. Holders of this authorization may not use substituting experience to supplant required field experiences or student teaching. This authorization may not be renewed or extended.

        ITEM 3.    Amend rule 282—24.4(272) as follows:

    282—24.4(272) Paraeducator area of concentration.  An area of concentration is not required but optional. Applicants must currently hold or have previously held an Iowa paraeducator generalist certificate. Applicants may complete one or more areas of concentration but must complete at least 45 clock hours in each area of concentration, with the exception of the substitute authorization.    24.4(1) Early childhood—prekindergarten through grade 3.  The paraeducator shall successfully complete the following list of competencies:    a.    Foundations.Under the supervision of a licensed education professional, the paraeducator will:    (1)   Know and understand young children’s typical and atypical developmental stages and their needs at each stage.    (2)   Recognize multiple influences on young children’s development and learning.     (3)   Recognize developmentally appropriate practices for interactions with and the education of young children.    b.    Learning environment.Under the supervision of a licensed education professional, the paraeducator will:    (1)   Describe the elements of environments that support children’s learning and well-being.    (2)   Demonstrate skills, strategies, and activities involving an individual child or small groups of children to reinforce instruction from a licensed teacher.    (3)   Set up environments that are safe, inclusive, and responsive to children’s developmental strengths, interests and needs.    c.    Content and instruction.Under the supervision of a licensed education professional, the paraeducator will:    (1)   Recognize effective strategies and techniques to stimulate cognitive, physical, social, emotional, and language development for each child in a developmentally appropriate way.    (2)   Demonstrate knowledge and understanding of the Iowa Early Learning Standards by describing what young children know and do in order to provide experiences and interactions to promote learning.    (3)   Gather information, as instructed by the classroom teacher, about an individual child’s development, learning and behaviors including observing, recording, and charting.    d.    Emotional and behavioral competencies.Under the supervision of a licensed education professional, the paraeducator will:    (1)   Gather information, as instructed by the classroom teacher, to identify children’s skills and provide appropriate levels of support needed for the children to access, participate and engage in activities.    (2)   Implement teacher-designed intervention plans to promote positive social relationships, interactions and behaviors that are age- and developmentally appropriate.    e.    Professional relationships.Under the supervision of a licensed education professional, the paraeducator will:    (1)   Demonstrate the ability to collaborate with an educational team to systematically and regularly exchange information to support problem solving, planning, and the implementing of instruction and individualized interventions.    (2)   Demonstrate the ability to establish relationships with all children and their families that are respectful, supportive and sensitive.    (3)   Demonstrate a collaborative relationship with the teacher to support children’s learning.     (4)   Demonstrate knowledge of community services and agencies available to assist families.     f.    Ethical and professional practice.Under the supervision of a licensed education professional, the paraeducator will:    (1)   Demonstrate knowledge of Iowa Early Learning Standards and the preschool program standards being implemented, which may include the Iowa Quality Preschool Program Standards, Head Start Program Performance Standards and National Association for the Education of Young Children (NAEYC) Program Standards and Accreditation Criteria.    (2)   Reserved.    24.4(2) Special needs—prekindergarten through grade 12.  The paraeducator shall successfully complete the following list of competencies.    a.    Foundations.Under the supervision of a licensed education professional, the paraeducator will demonstrate an understanding of an IEP.    b.    Learning environment.Under the supervision of a licensed education professional, the paraeducator will demonstrate an understanding of the value of serving children and youth with disabilities and special needs in inclusive settings.    c.    Content and instruction.Under the supervision of a licensed education professional, the paraeducator will:    (1)   Implement the activities assigned by a teacher to meet the goals and objectives in an IEP.    (2)   Assist in academic subjects through use of lesson plans and instructional strategies developed by teachers and other professional support staff.    (3)   Gather and maintain data about the performance of individual students and confer with special and general education practitioners about student schedules, instructional goals, progress, and performance.    (4)   Operate computers and use assistive technology and adaptive equipment that will enable students with special needs to participate more fully in general education.    d.    Emotional and behavioral.Under the supervision of a licensed education professional, the paraeducator will:    (1)   Gather and maintain data about the behavior of individual students and confer with special and general education practitioners about student schedules, instructional goals, progress, and performance.    (2)   Use appropriate instructional procedures and reinforcement techniques as specified in the IEP or by the behavior team.    e.    Professional relationships.Under the supervision of a licensed education professional, the paraeducator will, if asked, participate as a member of the IEP team responsible for developing service plans and educational objectives.    24.4(3) English as a second language—prekindergarten through grade 12.  The paraeducator shall successfully complete the following list of competencies so that, under the direction and supervision of a qualified classroom teacher, the paraeducator will be able to:    a.    Operate computers and use technology that will enable students to participate effectively in the classroom.    b.    Work with the classroom teacher as collaborative partners.    c.    Demonstrate knowledge of the role and use of primary language of instruction in accessing English for academic purposes.    d.    Demonstrate knowledge of instructional methodologies for second language acquisition.    e.    Communicate and work effectively with parents or guardians of English as a second language students in their primary language.    f.    Demonstrate knowledge of appropriate translation and interpretation procedures.    24.4(4) Career and transitional programs—grades 5 through 12.  The paraeducator shall successfully complete the following list of competencies so that, under the direction and supervision of a qualified classroom teacher, the paraeducator will be able to:    a.    Assist in the implementation of career and transitional programs.    b.    Assist in the implementation of appropriate behavior management strategies for career and transitional students and those students who may have special needs.    c.    Assist in the implementation of assigned performance and behavior assessments including observation, recording, and charting for career and transitional students and those students who may have special needs.    d.    Provide training at job sites using appropriate instructional interventions.    e.    Participate in preemployment, employment, or transitional training in classrooms or at off-campus sites.    f.    Communicate effectively with employers and employees at work sites and with personnel or members of the public in other transitional learning environments.    24.4(5) School library media—prekindergarten through grade 12.  The school library media paraeducator shall successfully complete the following list of competencies so that, under the direct supervision and direction of a qualified school library supervisor or school librarian, the paraeducator will be able to:    a.    Be aware of, implement, and support the goals, objectives, and policies of the school library media program.    b.    Assist the school library supervisor or school librarian in general operations, such as processing materials, circulating materials, performing clerical tasks, assisting students and staff, and working with volunteers and student helpers, and to understand the role of the paraeducator in the library setting in order to provide efficient, equitable, and effective library services.    c.    Demonstrate knowledge of library technical services including, but not limited to, cataloging, processing, acquisitions, routine library maintenance, automation and new technologies.    d.    Be aware of and support the integration of literacy initiatives and content area standards, e.g., visual information and technology in support of the curriculum.    e.    Be aware of the role school libraries play in improving student achievement, literacy, and lifelong learning.    f.    Demonstrate an understanding of ethical issues related to school libraries, such as copyright, plagiarism, privacy, diversity, confidentiality, and freedom of speech.    g.    Assist in the daily operations of the school library program, such as shelving, working with volunteers and student helpers, inventory, materials repair and maintenance.    h.    Exhibit welcoming behaviors to all library patrons and visitors to encourage use of the library and its resources.    i.    Demonstrate knowledge of the school library collection and the availability of other resources that will meet individual student information or research needs.    j.    Demonstrate a general knowledge of basic technology skills and assist in troubleshooting basic hardware and software problems.    24.4(6) Speech-language pathology (SLP)—prekindergarten through grade 12.  The speech-language pathology paraeducator shall successfully complete the following list of competencies so that, under the direction and supervision of a qualified speech-language pathologist, the paraeducator will be able to:    a.    Understand the roles and responsibilities of the speech-language pathology paraeducator.    b.    Demonstrate a basic understanding of the four areas of communication, including articulation, language, fluency, and voice, and how they occur through typical development.    c.    Demonstrate an understanding of articulation/phonological disabilities.    d.    Demonstrate an understanding of language disabilities.    e.    Use appropriate instructional procedures and reinforcement techniques when working with children with articulation/phonological disabilities.    f.    Use appropriate instructional procedures and reinforcement techniques when working with children with language disabilities.    g.    Gather information as directed by the speech-language pathologist regarding the performance of children, including recording and charting responses.    24.4(7) Vision impairments—prekindergarten through grade 12.      a.    Demonstrate knowledge of the impact of vision loss on learning and concept development for students who are blind or visually impaired.    (1)   Demonstrate introductory knowledge of expanded core curriculum (ECC) and the ability to support ECC skills as directed by the supervising professional.    (2)   Demonstrate introductory knowledge of functional vision assessments (FVA) and learning media assessments (LMA) of students who have vision impairments.    b.    Demonstrate knowledge of and skills in technology appropriate to the needs of students with vision impairments.    (1)   Operate and use assistive technology that supports students who have vision impairments.    (2)   Support and strengthen each student’s capability to access and utilize assistive technology.    c.    Demonstrate introductory knowledge of instructional strategies unique to students who have vision impairments.    (1)   Demonstrate the ability to adapt educational materials by using varied learning media as determined by student needs.    (2)   Demonstrate an introductory knowledge of Braille in relation to identified or expressed student needs or both.    (3)   Demonstrate introductory skills in operating transcription software and equipment.    d.    Demonstrate introductory knowledge of motor skills, movement, orientation, and mobility for students with vision impairments.    e.    Demonstrate knowledge of the role of paraeducators in student plans including individualized education programs (IEPs) and individualized family service plans (IFSPs).    f.    Demonstrate knowledge about and skills in fostering independence, self-determination, social skills, self-advocacy, and appropriate behaviors for students with vision impairments.    g.    Demonstrate professionalism and ethical practices, including appropriate communication skills in relation to students with vision impairments and the students’ service providers and families.     24.4(8) Autism spectrum disorders.  Under the direction and supervision of a qualified classroom teacher, the paraeducator shall successfully complete the following list of competencies.    a.    Foundations.Under the supervision of a licensed education professional, the paraeducator will:    (1)   Demonstrate an understanding of the components of education plans (individualized education program (IEP), behavior intervention plan (BIP), functional behavioral analysis (FBA), and Section 504 Plan).    (2)   Identify common characteristics of students with autism spectrum disorder (communication, social, restricted interest and behavior) and how these characteristics compare to those of typical children.    b.    Learning environment.Under the supervision of a licensed education professional, the paraeducator will:    (1)   Assist in structuring the environment to meet the needs of students with autism spectrum disorder.    (2)   Implement with integrity schedules and educational programs prescribed by the licensed teacher.    c.    Content and instruction.Under the supervision of a licensed education professional, the paraeducator will:    (1)   Implement the educational, academic, and communication accommodations, adaptations, and supports assigned by a teacher.     (2)   Provide opportunities for students with autism spectrum disorders to initiate and respond to large interactions and small interactions in academic settings.     (3)   Provide opportunities for students with autism spectrum disorders to initiate, respond to, and participate in interactions in large groups and small groups in authentic situations.     (4)   Gather and maintain data on student academic performance as directed by a licensed teacher.    (5)   Assist educational staff in developing accommodations and adaptations and self-determination skills to increase student independence.    d.    Emotional and behavioral.Under the supervision of a licensed education professional, the paraeducator will:    (1)   Understand and identify the function of a behavior (e.g., antecedents, behaviors, consequences).     (2)   Collect data on student behavior and related environmental stimuli, based on the concepts of antecedents, behaviors and consequences.     (3)   Implement antecedent strategies on student behavior, as defined by the licensed educator.     (4)   Reinforce and practice replacement behaviors, as defined by the licensed educator.    (5)   Respond to problem behaviors in a consistent manner, as defined by the licensed educator.    (6)   Gather and maintain data on student social and behavioral performance, as directed by a licensed teacher.    e.    Professional relationships.Under the supervision of a licensed education professional, the paraeducator will:    (1)   Demonstrate the ability to support the viewpoints and perspectives of students with autism and be empathetic to the students’ learning styles.    (2)   Respond to challenging behaviors in a respectful, empathetic manner.    f.    Ethical and professional practice.Under the supervision of a licensed education professional, the paraeducator will:     (1)   Know and understand the expectations of confidentiality in regard to student information and social media usage.     (2)   Know and understand the legal constructs of the IEP and the Individuals with Disabilities Education Act (IDEA).    24.4(9) Paraeducator substitute authorization.  An individual who holds a paraeducator certificate and completes the substitute authorization requirements set forth in rule 282—22.2(272) but who does not meet the degree requirement in subparagraph 22.2(1)“a”(2) is authorized to substitute only in the special education classroom in which the individual paraeducator is employed.
        [Filed 11/3/20, effective 1/6/21][Published 12/2/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/2/20.
    ARC 5305CHuman Services Department[441]Adopted and Filed

    Rule making related to medical and remedial services

        The Human Services Department hereby amends Chapter 9, “Public Records and Fair Information Practices,” Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” Chapter 81, “Nursing Facilities,” and Chapter 153, “Funding for Local 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    These amendments make technical corrections to administrative rules by removing references to outdated programs. In addition, corrections are made to the units of service for intermittent supported community living to bring the language into alignment with current terminology and practice. These amendments also change the number of days, from 30 to 120, a member may be in a medical institution and resume services under the state plan Home- and Community-Based Services (HCBS) Habilitation Program without having to reapply. This change aligns policy implemented in 2018 for all other waiver programs. These amendments clarify what is considered a member’s home for purposes of receiving occupational, physical and speech therapy.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 9, 2020, as ARC 5167C. 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 November 9, 2020.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    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 February 1, 2021.    The following rule-making actions are adopted:

        ITEM 1.    Amend subparagraph 9.12(1)"a" as follows:    (3)   Data processing systems. Client identifying information, eligibility data, and payment data are kept in the following systems. Some of these records are also kept on microfiche.SystemFunctionAutomated Benefit Calculation SystemDetermines eligibility for FIP, food assistance, MedicaidAutomated Child Abuse and Neglect SystemInactive child abuse/neglect systemAppeals Logging and Tracking SystemTracks client appealsBCCT ProgramEstablishes Medicaid eligibility for breast and cervical cancer clientsChange Reporting SystemTracks client-reported changes and produces forms needed for client-reported changesDiversion SystemTracks clients using diversion benefits    Electronic Payment Processing and InventoryControl SystemElectronically issues food assistanceEligibility Tracking SystemTracks clients’ FIP eligibility and hardship statusFamily and Children’s Services SystemTracks foster care, adoption, family-centered and family preservation servicesFood Stamps Case Reading ApplicationFood assistance accuracy tool used to record case reading informationHealth Insurance Premium Payment SystemHealth insurance premium paymentIowa Collection and Reporting SystemTracks child support recovery processesIowa Central Employee RegistryChild support new hire reporting systemIowa Eligibility Verification SystemFederal social security number verification and benefitsIowa Plan ProgramAssigns group codes for Iowa Plan clientsIndividualized Services Information SystemUsed to establish facility eligibility, process data to and from ABC and Medicaid fiscal agent, establish waiver services, providers, and eligibilityIssuance HistoryDisplays benefit issuances for FIP and food assistanceKACT SystemAuthorizes foster care service unitsMEPD Premium Payment ProgramAccounting system for billing and payment for Medicaid for employed people with disabilities programManaged Health Care ProgramAssigns managed health care providers to clientsMedicaid Management Information SystemsProcess clients’ Medicaid claims and assign Medicaid coverage to clientsOverpayment Recoupment SystemUsed to recover money from FIP, food assistance, Medicaid, child care assistance, PROMISE JOBS, and hawki clientsPublic Information ExchangeData exchange between statesPJCASEIowa workforce development interface with PROMISE JOBSPurchase of Social Services SystemPurchased services (mostly child care and in-home health clients)Presumptive Eligibility ProgramEstablishes Medicaid eligibility for presumptive eligibility clientsQuality Control SystemSelects sample for quality control review of eligibility determinationRTS Claims Processing SystemProcesses rehabilitative treatment claims for federal matchState Data Exchange DisplayState data exchange information for supplemental security income recipientsSocial Security Buy-In SystemMedicare premium buy-inSocial Services Reporting SystemServices reporting system for direct and purchased servicesStatewide Tracking of Assessment ReportsTracks child abuse reports

        ITEM 2.    Amend subrule 78.12(5), introductory paragraph, as follows:    78.12(5) Approval of plan.  The behavioral health intervention provider shall contact the Iowa Plan providermember’s managed care plan for authorization of the services.

        ITEM 3.    Amend paragraph 78.12(5)"b", introductory paragraph, as follows:    b.    Subsequent plans.The Iowa Plan contractormember’s managed care plan may approve a subsequent services implementation plan according to the conditions in paragraph 78.12(5)“a” if the services are recommended by a licensed practitioner of the healing arts who has:

        ITEM 4.    Amend subparagraph 78.19(1)"a" as follows:    (1)   Services are provided in the member’s home or in a care facility (other than a hospital) by a speech therapist, physical therapist, or occupational therapist employed by or contracted by the agency.A nursing facility, an intermediate care facility for persons with an intellectual disability, or a hospital where services are provided is not considered a member’s home.    1.   Services provided to a member residing in a residential care facilitylicensed under Iowa Code section 135C.4 by the department of inspections and appeals are payable when theresidential care facility submits a signed statement that theresidential care facility does not have these services available. The statement need only be submitted at the start of care unless the situation changes. Payment    2.   Under no circumstanceswill not be madethe IME or managed care organizations (MCOs) make payments to a rehabilitation agency for therapy provided to a member residing in a nursing facility or an intermediate care facility for persons with an intellectual disability since these facilities are responsible for providing or paying for services required by members.Physical, occupational, and speech therapy services for residents of the nursing facility, intermediate care facility for persons with an intellectual disability or hospital are the responsibility of the nursing facility, intermediate care facility for persons with an intellectual disability or hospital.

        ITEM 5.    Amend subparagraph 78.27(10)"e" as follows:    (3)   Individual supported employment is limited to 24060 hourly units per calendar year.

        ITEM 6.    Amend subparagraph 78.27(11)"c" as follows:    (5)   The member has received care in a medical institution for 30120 consecutive days in any one stay. When a member has been an inpatient in a medical institution for 30120 consecutive days, the department will issue a notice of decision to inform the member of the service termination. If the member returns home before the effective date of the notice of decision and the member’s condition has not substantially changed, the decision shall be rescinded, and eligibility for home- and community-based habilitation services shall continue.

        ITEM 7.    Amend rule 441—78.34(249A), introductory paragraph, as follows:

    441—78.34(249A) HCBS ill and handicappedhealth and disability waiver services.  Payment will be approved for the following services to members eligible for HCBS ill and handicappedhealth and disability waiver services as established in 441—Chapter 83 and as identified in the member’s service plan. Effective March 17, 2022, payment shall only be made for services provided in integrated, community-based settings that support full access of members receiving Medicaid HCBS to the greater community, including opportunities to seek employment and work in competitive integrated settings, engage in community life, control personal resources, and receive services in the community, to the same degree of access as individuals not receiving Medicaid HCBS.

        ITEM 8.    Amend subrule 78.34(8), introductory paragraph, as follows:    78.34(8) Interim medical monitoring and treatment services.  Interim medical monitoring and treatment (IMMT) services are monitoring and treatment of a medical nature for children or adultsaged 18 to 20 whose medical needs make alternative care unavailable, inadequate, or insufficient. IMMT services are not intended to provide day care but to supplement available resources. Services must be ordered by a physician.

        ITEM 9.    Amend subrule 78.34(14), introductory paragraph, as follows:    78.34(14) General service standards.  All ill and handicappedhealth and disability waiver services must be provided in accordance with the following standards:

        ITEM 10.    Amend subrule 78.41(9), introductory paragraph, as follows:    78.41(9) Interim medical monitoring and treatment services.  Interim medical monitoring and treatment (IMMT) services are monitoring and treatment of a medical nature for children or adultsaged 18 to 20 whose medical needs make alternative care unavailable, inadequate, or insufficient. IMMT services are not intended to provide day care but to supplement available resources. Services must be ordered by a physician.

        ITEM 11.    Amend subrule 78.43(14), introductory paragraph, as follows:    78.43(14) Interim medical monitoring and treatment services.  Interim medical monitoring and treatment (IMMT) services are monitoring and treatment of a medical nature for children or adultsaged 18 to 20 whose medical needs make alternative care unavailable, inadequate, or insufficient. IMMT services are not intended to provide day care but to supplement available resources. Services must be ordered by a physician.

        ITEM 12.    Amend paragraph 78.52(4)"b" as follows:    b.    In-home family therapy is exclusive of and cannot serve as a substitute for individual therapy, family therapy, or other mental health therapy that may be obtained through the Iowa PlanMedicaid or other funding sources.

        ITEM 13.    Amend subrule 79.1(2), provider category “HCBS waiver service providers,” paragraph “l,” as follows:1. Adult day careFor AIDS/HIV, brain injury, elderly, and ill and handicappedhealth and disability waivers: Fee schedule    Effective 7/1/16, for AIDS/HIV, brain injury, elderly, and ill and handicappedhealth and disability waivers: Provider’s rate in effect 6/30/16 plus 1%, converted to a 15-minute, half-day, full-day, or extended-day rate. If no 6/30/16 rate: Veterans Administration contract rate or $1.47 per 15-minute unit, $23.47 per half day, $46.72 per full day, or $70.06 per extended day if no Veterans Administration contract.For intellectual disability waiver: Fee schedule for the member’s acuity tier, determined pursuant to 79.1(30)    Effective 7/1/17, for intellectual disability waiver: The provider’s rate in effect 6/30/16 plus 1%, converted to a 15-minute or half-day rate. If no 6/30/16 rate, $1.96 per 15-minute unit or $31.27 per half day.For daily services, the fee schedule rate published on the department’s website, pursuant to 79.1(1)“c,” for the member’s acuity tier, determined pursuant to 79.1(30).

        ITEM 14.    Amend paragraph 79.1(16)"q" as follows:    q.    Determination of payment amounts for mental health noninpatient (NIP) services.Mental health NIP services are limited as set forth at 441—subparagraph 78.31(4)“d”(7) and are reimbursed on a fee schedule basis. Mental health NIP services are the responsibility of the managed mental health care and substance abuse (Iowa Plan) contractor for persons eligible for managed mental health care.

        ITEM 15.    Amend subparagraph 79.1(24)"b" as follows:    (6)   If a provider fails to submit a cost report for services provided through June 30, 2013, that meets the requirements of this paragraph, the Iowa Medicaid enterprise or the Iowa Plan for Behavioral Health contractor shall reduce the provider’s rate to 76 percent of the current rate. The reduced rate shall be paid until the provider’s cost report has been received by the Iowa Medicaid enterprise’s provider cost audit and rate setting unit pursuant to subparagraph 79.1(24)“b”(4) but for not longer than three months, after which time no further payments will be made.

        ITEM 16.    Amend subparagraph 81.13(14)"b" as follows:    (6)   May include:
    1. Acute inpatient psychiatric treatment. When inpatient psychiatric treatment may be prevented through specialized services provided in the nursing facility, services provided in the nursing facility are preferred.
    2. Initial psychiatric evaluation to determine a resident’s diagnosis and to develop a plan of care.
    3. Follow-up psychiatric services by a psychiatrist to evaluate resident response to psychotropic medications, to modify medication orders and to evaluate the need for ancillary therapy services.
    4. Psychological testing required for a specific differential diagnosis that will result in the adoption of appropriate treatment services.
    5. Individual or group psychotherapy as part of a plan of care addressing specific symptoms.
    6. Any clinically appropriate service which is available through the Iowa plan for behavioral health and for which the member meets eligibility criteria.

        ITEM 17.    Amend paragraph 153.55(2)"d" as follows:    d.    Service management (county chart of accounts numbers beginning with 22-000) for members eligible for Medicaid targeted case management, unless the Iowa plan contractor decertifies the member for case management services.    [Filed 11/10/20, effective 2/1/21][Published 12/2/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/2/20.
    ARC 5306CHuman Services Department[441]Adopted and Filed

    Rule making related to nursing facilities

        The Human Services Department hereby amends Chapter 36, “Facility Assessments,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code chapter 249L.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 249L.Purpose and Summary    Nursing facilities are required to pay a quality assurance assessment of $12.75 unless the nursing facility has 46 or fewer beds, is designated as a continuing care retirement center by the Insurance Division of the Iowa Department of Commerce, or has 21,000 or more Medicaid days, in which case the facility is required to pay a quality assurance assessment of $2.45 per non-Medicare patient day. Under these amendments, the annual nursing facility determination will match up with the submission of cost reports.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 9, 2020, as ARC 5165C. 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 November 9, 2020.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    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, 2021.    The following rule-making actions are adopted:

        ITEM 1.    Amend paragraph 36.6(2)"a" as follows:    a.    Effective July 1, 2019, nursing facilities with 46 or fewer licensed beds are required to pay a quality assurance assessment of $2.45 per non-Medicare patient day. Effective with assessment for the state fiscal year beginning July 1, 20122021, the number of licensed beds on file with the department of inspections and appeals as of MayJune 1 of each year shall be used to determine the assessment level for the following state fiscal year.

        ITEM 2.    Amend paragraph 36.6(2)"b" as follows:    b.    Effective July 1, 2019, nursing facilities designated as continuing care retirement centers (CCRCs) by the insurance division of the Iowa department of commerce are required to pay a quality assurance assessment of $2.45 per non-Medicare patient day. Effective with assessment for the state fiscal year beginning July 1, 20122021, continuing care retirement center designations as of MayJune 1 of each year shall be used to determine the assessment level for the following state fiscal year.

        ITEM 3.    Amend paragraph 36.6(2)"c" as follows:    c.    Effective July 1, 2019, nursing facilities with annual Iowa Medicaid patient days of 21,000 or more are required to pay a quality assurance assessment of $2.45 per non-Medicare patient day. Effective with assessment for the state fiscal year beginning July 1, 20122021, the annual number of Iowa Medicaid patient days reported in the most current cost report submitted to the Iowa Medicaid enterprise as of MayJune 1 of each year shall be used to determine the assessment level for the following state fiscal year.    [Filed 11/10/20, effective 7/1/21][Published 12/2/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/2/20.
    ARC 5307CHuman Services Department[441]Adopted and Filed

    Rule making related to day habilitation

        The Human Services Department hereby amends Chapter 77, “Conditions of Participation for Providers of Medical and Remedial Care,” and Chapter 78, “Amount, Duration and Scope of Medical and Remedial 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    The purpose of these amendments is to implement guidance provided from the Centers for Medicare and Medicaid Services (CMS), which clarifies that day habilitation services may provide a pathway to employment for the home- and community-based services (HCBS) day habilitation services provided through the HCBS intellectual disabilities (ID) waiver and state plan HCBS Habilitation Program for persons with chronic mental illness. These amendments clarify the activities provided through day habilitation to assist members in participating in the community, developing social roles and responsibilities, and increasing independence and the potential for employment. The Department convened a work group to address the requirements for providers and scope of services.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 9, 2020, as ARC 5166C.     The Department received comments from three organizations.    Comment 1: The Department received one comment on subparagraphs 77.25(7)“b”(3) and 77.25(7)“b”(4), regarding direct support staff qualifications.    The suggestion was made that clarification be added to the rule regarding the phrase “or other nationally recognized training curriculum.”    Department response: The phrase “or other nationally recognized training curriculum” is intended to allow providers the flexibility to use another preferred nationally recognized training curriculum for day habilitation services as an alternative to those day habilitation training courses available through DirectCourse or Relias.    Comment 2: The Department received one comment on subparagraph 78.27(8)“a”(7), regarding participating in adult learning opportunities.    Previously, educational opportunities and supports for these programs have been a nonbillable activity. The request was made to further define adult learning activities.    Department response: Learning opportunities for adults do not include those education and related services mandated under the Individuals with Disabilities Education Act (IDEA). Adult learning opportunities include opportunities to participate in classes or other activities consistent with the individual’s preferences, choices, and interests such as computers, social media, cooking, gardening, creative writing, music and art. The IDEA requires the provision of comprehensive education and related services to children and youth with disabilities who are enrolled in special education programs. When a state proposes to include education services in its waiver, CMS will review the proposed waiver coverage to ensure that it does not provide for payment of services that are mandated under the IDEA.    Comment 3: One provider commented on paragraph 78.27(8)“b,” regarding the family training option.    The paragraph states that day habilitation services may include training families in treatment and support methodologies or in the care and use of equipment and that family training may be provided in the member’s home. The provider asked the Department to clarify whether the training will need to occur with the member present for this to be a direct and billable service.    Department response: The family training option is intended to be provided to the member and the member’s family in treatment and support methodologies or in the care and use of equipment. Because day habilitation is a direct service provided to the member, the member must be present during service delivery.    Comment 4: One provider commented on paragraph 78.27(8)“h,” regarding transportation. The paragraph states that when transportation is provided to the day habilitation service location to the member’s home and from the day habilitation service location to the member’s home, the day habilitation provider may bill for the time spent transporting the member.    The provider asked the Department to clarify whether transportation can be billed as a direct service and asked, if so, can it be billed as a round trip or as a one-way trip.    Department response: Transportation provided to the member participating in day habilitation to transport the member to the day habilitation service location from the member’s home and back to the member’s home from the service location is billed as part of the day habilitation service delivery time and is not separately billed.    Comment 5: One provider commented on subparagraph 78.27(8)“i”(1), regarding exclusions of vocational or prevocational services that are available to the individual under a program funded under Section 110 of the Rehabilitation Act of 1973 or the IDEA (20 U.S.C. 1401 et seq.) and which states that documentation that funding is not available to the individual for the service under these programs shall be maintained in the service plan of each member receiving day habilitation services.     The provider asked the Department to clarify in the final sentence as to the specific (case management or service provider) plan in which this documentation is to be maintained.    Department response: The documentation that funding is not available to the individual for the service must be maintained in the HCBS comprehensive person-centered service plan developed by the HCBS case manager or care coordinator for each member receiving the day habilitation service.     Comment 6: One provider expressed concern that the proposed amendments introduce additional training requirements without increasing the rates of reimbursement for the services. The provider stated a firm belief that ongoing education is imperative to both ensuring a high-level quality of service as well as supporting staff and noted, however, that when the rules were amended to increase the training requirements for supported employment, which mirrors the proposed requirement for day habilitation, the rates were adjusted to reflect the change. The provider stated that if rates are not increased in conjunction with this amendment, the additional cost of ongoing training will have to be absorbed in budgets already stretched thin and that current day habilitation rates are not sufficient in covering the cost of the service and staff compensation.     Department response: The amendments are not applicable to the reimbursement methodology for day habilitation services. The Department does not have the authority to increase day habilitation reimbursement rates at this time. To amend the reimbursement rates for day habilitation would require legislation. The reimbursement methodologies applied to implement the Employment Service Redesign for Prevocational and Supported Employment services were based on the adjustments being cost-neutral. The Prevocational and Small Group Supported Employment reimbursement rates were adjusted down in order to increase the reimbursement for Individual Supported Employment and Long Term Job Coaching and implement the additional provider qualifications and staff training requirements for Individual Supported Employment and Long Term Job Coaching. The Department makes assurances to CMS that providers are qualified to deliver the service, and the Department must demonstrate that it has designed and implemented an adequate system for assuring that all waiver services are provided by qualified providers. By adding the requirement that direct support staff providing day habilitation services complete at least nine and a half hours of training within the first six months of hire and four hours of training annually thereafter, the State is demonstrating that day habilitation services are provided by qualified providers.     Comment 7: One provider stated the rule-making actions mirror the changes and efforts made by Iowa’s Disability Employment Services Redesign Workgroup and that the same rate and methodology should also be utilized to support a high-quality funding system. The provider strongly recommended that the proposed rule-making actions include the following key elements, as utilized by the Employment Services Redesign Workgroup, to ensure successful funding at the individual and provider level: annual wage adjustments, employment, professional training and staff development, supervision, travel costs (mileage or alternative), nonbillable tasks, productivity adjustment, and billable hours.     Department response: Please see the response to Comment 6 above.     No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Council on Human Services on November 9, 2020.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    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 rules 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 February 1, 2021.    The following rule-making actions are adopted:

        ITEM 1.    Amend subrule 77.25(7) as follows:    77.25(7) Day habilitation.      a.    The following providers may provide day habilitation:    a.    (1)   An agency that is accredited by the Commission on Accreditation of Rehabilitation Facilities to provide services that qualify as day habilitation under 441—subrule 78.27(8).    b.    (2)   An agency that is accredited by the Commission on Accreditation of Rehabilitation Facilities to provide other services and began providing services that qualify as day habilitation under 441—subrule 78.27(8) since the agency’s last accreditation survey. The agency may provide day habilitation services until the current accreditation expires. When the current accreditation expires, the agency must qualify under paragraph “a,” “d,” “g,” or “h.”subparagraph 77.25(7)“a”(1), 77.25(7)“a”(4), or 77.25(7)“a”(7).    c.    (3)   An agency that is not accredited by the Commission on Accreditation of Rehabilitation Facilities but has applied to the Commission within the last 12 months for accreditation to provide services that qualify as day habilitation under 441—subrule 78.27(8). An agency that has not received accreditation within 12 months after application to the Commission is no longer a qualified provider.    d.    (4)   An agency that is accredited by the Council on Quality and Leadership in Supports for People with Disabilities.    e.    (5)   An agency that has applied to the Council on Quality and Leadership in Supports for People with Disabilities for accreditation within the last 12 months. An agency that has not received accreditation within 12 months after application to the Council is no longer a qualified provider.    f.    (6)   An agency that is accredited under 441—Chapter 24 to provide day treatment or supported community living services.    g.    An agency that is certified by the department to provide day habilitation services under the home- and community-based services intellectual disability waiver pursuant to rule 441—77.37(249A).    h.    (7)   An agency that is accredited by the International Center for Clubhouse Development.    i.    (8)   An agency that is accredited by the Joint Commission on Accreditation of Healthcare Organizations.    b.    Direct support staff providing day habilitation services shall meet the following minimum qualifications in addition to other requirements outlined in administrative rule:    (1)   A person providing direct support without line-of-sight supervision shall be at least 18 years of age and possess a high school diploma or equivalent degree. A person providing direct support with line-of-sight supervision shall be 16 years of age or older.    (2)   A person providing direct support shall not be an immediate family member of the member.    (3)   A person providing direct support shall, within six months of hire or within six months of February 1, 2021, complete at least 9.5 hours of training in supporting members in the activities listed in 701—paragraph 78.27(8)“a,” as offered through DirectCourse or Relias or other nationally recognized training curriculum.    (4)   A person providing direct support shall annually complete 4 hours of continuing education in supporting members in the activities listed in 701—paragraph 78.27(8)“a,” as offered through DirectCourse or Relias or other nationally recognized training curriculum.

        ITEM 2.    Rescind subrule 77.37(27) and adopt the following new subrule in lieu thereof:    77.37(27) Day habilitation providers.  Day habilitation services may be provided by agencies meeting the qualifications in subrule 77.25(7).

        ITEM 3.    Amend subrule 78.27(8) as follows:    78.27(8) Day habilitation.  “Day habilitation” meansservices that provide opportunities and support for community inclusion and build interest in and develop skills for active participation in recreation, volunteerism and integrated community employment. Day habilitation provides assistance with acquisition, retention, or improvement of self-help, socialization, and adaptive skillscommunity participation, and daily living skills.    a.    Scope.Day habilitation activities and environments are designed to foster the acquisition of skills, appropriatepositive social behavior, greater independence, and personal choice. Services focus on enablingsupporting the member toparticipate in the community, develop social roles and relationships, and increase independence and the potential for employment. Services are designed to assist the member to attain or maintain the member’s maximum functional level and shall be coordinated with any physical, occupational, or speech therapies in the comprehensive service plan. Services may serve to reinforce skills or lessons taught in other settings. Services must enhance or support the member’sindividual goals as identified in the member’s comprehensive service plan. Services may also provide wraparound support secondary to community employment. Day habilitation activities may include:    (1)   Intellectual functioning;Identifying the member’s interests, preferences, skills, strengths and contributions,    (2)   Physical and emotional health and development;Identifying the conditions and supports necessary for full community inclusion and the potential for competitive integrated employment,    (3)   Language and communication development;Planning and coordination of the member’s individualized daily and weekly day habilitation schedule,    (4)   Cognitive functioning;Developing skills and competencies necessary to pursue competitive integrated employment,    (5)   Socialization and community integration;Participating in community activities related to hobbies, leisure, personal health, and wellness,    (6)   Functional skill development;Participating in community activities related to cultural, civic, and religious interests,    (7)   Behavior management;Participating in adult learning opportunities,    (8)   Responsibility and self-direction;Participating in volunteer opportunities,    (9)   Daily living activities;Training and education in self-advocacy and self-determination to support the member’s ability to make informed choices about where to live, work, and recreate,    (10)   Self-advocacy skills; orAssistance with behavior management and self-regulation,    (11)   Mobility.Use of transportation and other community resources,    (12)   Assistance with developing and maintaining natural relationships in the community,    (13)   Assistance with identifying and using natural supports,    (14)   Assistance with accessing financial literacy and benefits education,    (15)   Other activities deemed necessary to assist the member with full participation in the community, developing social roles and relationships, and increasing independence and the potential for employment.    b.    Family training option.Day habilitation services may include training families in treatment and support methodologies or in the care and use of equipment. Family training may be provided in the member’s home. The unit of service is 15 minutes. The units of services payable are limited to a maximum of 40 units per month.    c.    Expected outcome of service.The expected outcome of day habilitation services is active participation in the community in which the member lives, works, and recreates. Members are expected to have opportunities to interact with individuals without disabilities in the community, other than those providing direct services, to the same extent as individuals without disabilities.    b.    d.    Setting.Day habilitation shall take place in community-based, nonresidential settings separate from the member’s residence.Family training may be provided in the member’s home.    c.    e.    Duration.Day habilitation services shall be furnished for four or more hours per day on a regularly scheduled basis for one or more days per week or as specified in the member’s comprehensive service plan. Meals provided as part of day habilitation shall not constitute a full nutritional regimen (three meals per day).    f.    Unit of service.A unit of day habilitation is 15 minutes (up to 16 units per day) or a full day (4.25 to 8 hours).    g.    Concurrent services.A member’s comprehensive service plan may include two or more types of nonresidential habilitation services (e.g., day habilitation, individual supported employment, long-term job coaching, small-group supported employment, and prevocational services). However, more than one service may not be billed during the same period of time (e.g., the same hour).    h.    Transportation.When transportation is provided to the day habilitation service location from the member’s home and from the day habilitation service location to the member’s home, the day habilitation provider may bill for the time spent transporting the member.    d.    i.    Exclusions.Day habilitation payment shall not be made for the following:    (1)   Vocational or prevocational services.Services that are available to the individual under a program funded under Section 110 of the Rehabilitation Act of 1973 or the Individuals with Disabilities Education Act (20 U.S.C. 1401 et seq.). Documentation that funding is not available to the individual for the service under these programs shall be maintained in the service plan of each member receiving day habilitation services.    (2)   Services that duplicate or replace education or related services defined in Public Law 94-142, the Education of the Handicapped Act.    (3)   (2)   Compensation to members for participating in day habilitation services.    (3)   Support for members volunteering in for-profit organizations and businesses.    (4)   Support for members volunteering to benefit the day habilitation service provider.

        ITEM 4.    Rescind subrule 78.41(14) and adopt the following new subrule in lieu thereof:    78.41(14) Day habilitation.  Day habilitation services will be provided pursuant to subrule 78.27(8).    [Filed 11/10/20, effective 2/1/21][Published 12/2/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/2/20.
    ARC 5308CRevenue Department[701]Adopted and Filed

    Rule making related to adoption tax credit

        The Revenue Department hereby amends Chapter 42, “Adjustments to Computed Tax and Tax Credits,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 421.14 and 422.12A.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 422.12A.Purpose and Summary    During the 2019 Legislative Session, Governor Reynolds signed 2019 Iowa Acts, House File 779, which provided changes to the adoption tax credit set forth in Iowa Code section 422.12A. In particular, retroactive to January 1, 2019, for tax years beginning on or after that date, these changes require taxpayers claiming the adoption tax credit to claim qualified adoption expenses paid or incurred prior to or during the tax year in which the adoption becomes final in the tax year in which the adoption becomes final. These changes also require such taxpayers with qualified adoption expenses paid or incurred after the tax year in which the adoption becomes final to claim said expenses in the tax year in which the adoption expenses are paid or incurred. Therefore, the Department adopts this rule making to implement the aforementioned changes.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 23, 2020, as ARC 5181C. 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 November 12, 2020.Fiscal Impact    This rule making has no fiscal impact beyond that of the legislation it is intended to implement. 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 701—7.28(17A).Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 6, 2021.    The following rule-making action is adopted:

        ITEM 1.    Amend rule 701—42.52(422) as follows:

    701—42.52(422) Adoption tax credit.  Effective for tax years beginning on or after January 1, 2014, an adoption tax credit is available for individual income tax equal to the amount of qualified adoption expenses paid or incurred by a taxpayer during the tax year related to the adoption of a child. For an adoption finalized on or after January 1, 2014, but before January 1, 2017, the total adoption tax credit claimed for the adoption may not exceed $2,500. For an adoption finalized on or after January 1, 2017, the total adoption tax credit claimed for the adoption may not exceed $5,000.    42.52(1) Adoption.  For purposes of the credit, an adoption occurs when a child is permanently placed in Iowa by any of the following:    a.    The department of human services;    b.    An adoption service provider as defined in Iowa Code section 600A.2; or    c.    An agency that meets the provisions of the interstate compact in Iowa Code section 232.158.    42.52(2) Child.  A “child” is an individual who is under the age of 18 years. “Child” does not include any individual who is 18 years of age or older.    42.52(3) Qualified adoption expenses.       a.    Generally.“Qualified adoption expenses” means unreimbursed expenses paid or incurred in connection with the adoption of a child. Qualified adoption expenses include all fees and costs related to the adoption of a child, such as:    (1)   Medical and hospital expenses of the biological mother that are incident to the child’s birth;    (2)   Welfare agency fees and other reasonable and necessary adoption fees;    (3)   Court costs, attorney fees, and other legal fees;    (4)   Travel expenses, including amounts spent for meals and lodging while away from home; and    (5)   All other fees and costs related to the adoption of a child.    b.    Limitations.Expenses that are eligible for the federal adoption credit as provided in Section 23(d)(1) of the Internal Revenue Code will be considered qualified adoption expenses. Expenses paid or incurred in violation of state or federal law are not qualified adoption expenses. Expenses that have been reimbursed are not qualified adoption expenses.    42.52(4) Claiming the credit.      a.    Amount eligible for credit.For tax years beginning on or after January 1, 2014, but beginning before January 1, 2017, the first $2,500 of qualified adoption expenses is eligible for the credit. For tax years beginning on or after January 1, 2017, the first $5,000 of qualified adoption expenses is eligible for the credit. The maximum credit amount is determined at the time the adoption becomes final. If the qualified adoption expenses are less than the maximum credit amount, then the total amount of qualified expenses can be claimed as a credit. The amount of tax credit claimed cannot be used as an itemized deduction for adoption expenses provided in 701—subrule 41.5(3).     b.    Claiming the credit in the year the adoption becomes finaltax years beginning on or after January 1, 2014, but before January 1, 2019.To    (1)   Claiming the credit in the year the adoption becomes final. For tax years beginning on or after January 1, 2014, but before January 1, 2019, toclaim an adoption tax credit, a taxpayer must claim the credit for all qualified adoption expenses paid or incurred in the tax year the adoption becomes final, up to the maximum credit amount provided in paragraph 42.52(4)“a.”    c.    (2)   Claiming the credit in years other than the year the adoption becomes final.IfClaiming the credit in years other than the year the adoption becomes final. For tax years beginning on or after January 1, 2014, but before January 1, 2019, if a taxpayer cannot claim the maximum credit amount provided in paragraph 42.52(4)“a” for the year the adoption becomes final, the taxpayer may amend a prior year’s return to claim any remaining credit for expenses paid in that prior year, or the taxpayer may claim any remaining credit on a subsequent year’s return for expenses paid in that subsequent year. If a qualified adoption expense was incurred in one tax year and paid in another tax year, the taxpayer may only claim a credit for that expense in one year. The total adoption tax credit claimed for all years combined may not exceed the maximum credit amount per adoption provided in paragraph 42.52(4)“a.” An adjustment to a prior’s year return is subject to the limitations in rule 701—40.20(422).    c.    Claiming the credit in tax years beginning on or after January 1, 2019.    (1)   Claiming the credit in the year the adoption becomes final. For tax years beginning on or after January 1, 2019, to claim an adoption tax credit, a taxpayer must claim the credit in the tax year the adoption is finalized for all qualified adoption expenses paid or incurred prior to or in the tax year the adoption becomes final, up to the maximum credit amount of $5,000. A taxpayer shall not amend a prior year return in an attempt to claim the credit for unreimbursed qualified adoption expenses paid or incurred prior to the tax year in which the adoption becomes final.    (2)   Claiming the credit in years after the adoption becomes final. For tax years beginning on or after January 1, 2019, if a taxpayer cannot claim the maximum credit amount of $5,000 for the year the adoption becomes final, the taxpayer may claim an adoption tax credit for any unreimbursed qualified adoption expenses paid or incurred after the tax year in which the adoption becomes final in the tax year in which unreimbursed qualified adoption expenses are paid or incurred.    d.    Claiming the credit by two adoptive parents.The adoption tax credit may only be claimed by a person who adopted the child. When a married couple adopts a child together and the couple files jointly on the same return, the credit may only be claimed once between the couple. When any other two persons adopt a child together, including married persons filing separately on the same or different returns or any unmarried persons filing on separate returns, the credit must be divided between the adoptive parents. Two adoptive parents, other than persons who are married filing jointly, may agree to divide the credit in any way. The total adoption tax credit claimed for all years by both parents combined may not exceed the maximum credit amount per adoption provided in paragraph 42.52(4)“a.”    e.    Adoption of a special needs child.If a taxpayer adopts a special needs child, the credit under this rule cannot exceed the amount of qualified adoption expenses paid or incurred by the taxpayer during the tax year. The amount of the federal adoption tax credit claimed for the adoption of a special needs child does not affect the amount of the credit under this rule.    f.    Adoption tax credit in excess of tax liability.Any credit in excess of the taxpayer’s tax liability is refundable. In lieu of claiming the refund, the taxpayer may elect to have the overpayment credited to the tax liability for the following tax year.        This rule is intended to implement Iowa Code section 422.12A as amended by 2016 Iowa Acts, House File 2468;, and by 2017 Iowa Acts, Senate File 433; and 2019 Iowa Acts, House File 779.
        [Filed 11/12/20, effective 1/6/21][Published 12/2/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/2/20.
    ARC 5310CRevenue Department[701]Adopted and Filed

    Rule making related to homestead tax credit and military service tax exemption

        The Revenue Department hereby amends Chapter 80, “Property Tax Credits and Exemptions,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 421.14, 425.8 and 426A.7.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 425 and 426A and sections 22.7, 35.1 and 35.2.Purpose and Summary    This rule making is intended to clean up various provisions in existing rules related to the homestead tax credit and the military service tax exemption. In particular, this rule making defines “under honorable conditions” for purposes of the disabled veteran tax credit and the military service tax exemption, describes the application requirements for the disabled veteran tax credit, and describes the eligibility of a person who has received multiple discharges from service for the disabled veteran tax credit. This rule making also clarifies the language of existing subrules regarding the applicability of the homestead tax credit and the military service tax exemption to a shareholder of a family farm corporation, the applicability of the homestead tax credit to a person owning a homestead dwelling located upon land owned by another person or entity, and the Iowa residency requirement for a person claiming a military service tax exemption. Lastly, this rule making removes unnecessary citations.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 29, 2020, as ARC 5104C. An Amended Notice of Intended Action was published in the Iowa Administrative Bulletin on October 7, 2020, as ARC 5210C. No public comments were received. One change from the Notice has been made to subparagraph 80.1(3)“c”(3) to correct the name of the award letter.Adoption of Rule Making    This rule making was adopted by the Department on November 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 701—7.28(17A).Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 6, 2021.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 701—80.1(425) as follows:

    701—80.1(425) Homestead tax credit.      80.1(1) Application for credit.       a.    No homestead tax credit shall be allowed unless the first application for homestead tax credit is signed by the owner of the property or the owner’s qualified designee and filed with the city or county assessor on or before July 1 of the current assessment year. (1946 O.A.G. 37) Once filed, the claim for credit is applicable to subsequent years and no further filing shall be required provided the homestead is owned and occupied by the claimant or the claimant’s spouse on July 1 of each year and, in addition, the claimant or the claimant’s spouse occupies the homestead for at least six months during each calendar year in which the fiscal year for which the credit is claimed begins. It is not a requirement that the six-month period of time be consecutive. If the credit is disallowed and the claimant failed to give written notice to the assessor that the claimant ceased to use the property as a homestead, a civil penalty equal to 5 percent of the amount of the disallowed credit shall be assessed against the claimant in addition to the amount of credit allowed. The assessor, county auditor, and county board of supervisors shall act on the claim in accordance with Iowa Code section 425.3. A claim filed after July 1 of any calendar year applies to the following assessment year.    b.    In the event July 1 falls on either a Saturday or Sunday, applications for the homestead tax credit may be filed the following Monday.    c.    In the event July 1 falls on either a Saturday or Sunday, applications submitted by mail shall be accepted if postmarked on the following Monday.    d.    An assessor may not refuse to accept an application for homestead tax credit. If it is the opinion of the assessor that a homestead tax credit should not be allowed, the assessor shall accept the application for credit and recommend disallowance.    e.    If the owner of the homestead is on active duty in the armed forces of this state or of the United States, or is 65 years of age or older or is disabled, the application for homestead tax credit may be signed and delivered by a member of the owner’s family or the owner’s guardian, conservator or designated attorney-in-fact. For purposes of this rule, any person related to the owner by blood, marriage or adoption shall be considered a member of the owner’s family.    f.    If a person makes a false application for credit with fraudulent intent to obtain the credit, the person is guilty of a fraudulent practice and the claim shall be disallowed. If the credit has been paid, the amount of the credit plus a penalty equal to 25 percent of the amount of the disallowed credit and interest shall be collected by the county treasurer.    g.    For purposes of the homestead tax credit statute, the occupancy of the homestead may constitute actual occupancy or constructive occupancy. However, more than one homestead cannot be simultaneously occupied by the claimant and multiple simultaneous homestead tax credits are not allowable. (Op. St. Bd. Tax Rev. No. 212, February 29, 1980.) Generally, a homestead is occupied by the claimant if the premises constitute the claimant’s usual place of abode. Once the claimant’s occupancy of the homestead is established, such occupancy is not lost merely because the claimant, for some valid reason, is temporarily absent from the homestead premises with an intention of returning thereto (1952 O.A.G. 78).    80.1(2) Eligibility for credit.      a.    If homestead property is owned jointly by persons who are not related or formerly related by blood, marriage or adoption, no homestead tax credit shall be allowed unless all the owners actually occupy the homestead property on July 1 of each year. (1944 O.A.G. 26; Letter O.A.G. October 18, 1941)    b.    No homestead tax credit shall be allowed if the homestead property is owned or listed and assessed to a corporation, other than a family farm corporation, partnership, company or any other business or nonbusiness organization. (1938 O.A.G. 441; Verne Deskin v. Briggs, State Board of Tax Review, No. 24, February 1, 1972)However, a family farm corporation, as defined in Iowa Code section 9H.1, where a shareholder of the family farm corporation occupies a homestead, as defined in Iowa Code section 425.11(1), may receive the homestead tax credit.    c.    A person acquiring homestead property under a contract of purchase remains eligible for a homestead tax credit even though such person has assigned his or her equity in the homestead property as security for a loan. (1960 O.A.G 263)    d.    A person occupying homestead property pursuant to Iowa Code chapter 499A or 499B is eligible for a homestead tax credit. (1978 O.A.G. 78-2-5; 1979 O.A.G. 79-12-2)    e.    A person who has a life estate interest in homestead property shall be eligible for a homestead tax credit, provided the remainderman is related or formerly related to the life estate holder by blood, marriage or adoption or the reversionary interest is held by a nonprofit corporation organized under Iowa Code chapter 504A. (1938 O.A.G. 193)504.    f.    A homestead tax credit may not be allowed upon a mobile home which is not assessed as real estate. (1962 O.A.G. 450)    g.    A person occupying homestead property under a trust agreement is considered the owner of the property for purposes of the homestead tax credit. (1962 O.A.G. 434)    h.    A remainder is not eligible to receive a homestead tax credit until expiration of the life estate to which such person has the remainder interest. (1938 O.A.G. 305)    i.    In order for a person occupying homestead property under a contract of purchase to be eligible for a homestead tax credit, the contract of purchase must be recorded in the office of the county recorder where the property is located. A recorded memorandum or summary of the actual contract of purchase is not sufficient evidence of ownership to qualify a person for a homestead tax credit.    j.    An owner of homestead property who is in the military service or confined in a nursing home, extended-care facility or hospital shall be considered as occupying the property during the period of service or confinement. The fact that the owner rents the property during the period of military service is immaterial to the granting of the homestead tax credit. (1942 O.A.G. 45) However, no homestead tax credit shall be allowed if the owner received a profit for the use of the property from another person while such owner is confined in a nursing home, extended-care facility or hospital.    k.    A person owning a homestead dwelling located upon land owned by another person or entity is not eligible for a homestead tax credit. (1942 O.A.G. 160, O.A.G. 82-4-9) This rule is not applicable to a person owning a homestead dwelling pursuant to Iowa Code chapter 499B or a person owning a homestead dwelling on land owned by a community land trust pursuant to 42 U.S.C. Section 12773., provided that such a person is liable for and pays property tax on the homestead as required under Iowa Code section 425.11(1)“e.”    l.    An heir occupying homestead property that is part of an estate in the process of administration is considered an owner of the property and is eligible for the homestead credit. (1938 O.A.G. 272)    80.1(3) Disabled veteran’s homesteadveteran tax credit.       a.    Qualification for credit.The disabled veteran tax credit may be claimed by any of the following owners of homestead property:    (1)   A veteran who acquired homestead property under 38 U.S.C. Sections 21.801 and 21.802 or Sections 2101 and 2102.    (2)   A veteran, as defined in Iowa Code section 35.1, with a permanent service-connected disability rating of 100 percent, as certified by the U.S. Department of Veterans Affairs, or a permanent and total disability rating based on individual unemployability that is compensated at the 100 percent disability rate, as certified by the U.S. Department of Veterans Affairs.    (3)   A former member of the national guard of any state who otherwise meets the service requirements of Iowa Code section 35.1(2)“b”(2) or 35.1(2)“b”(7), with a permanent service-connected disability rating of 100 percent, as certified by the U.S. Department of Veterans Affairs, or a permanent and total disability rating based on individual unemployability that is compensated at the 100 percent disability rate, as certified by the U.S. Department of Veterans Affairs.    (4)   An individual who is a surviving spouse or a child and who is receiving dependency and indemnity compensation pursuant to 38 U.S.C. Section 1301 et seq., as certified by the U.S. Department of Veterans Affairs.     b.    Under honorable conditions.A veteran, as defined in Iowa Code section 35.1, may qualify for the disabled veteran tax credit. In addition to the other requirements under Iowa Code section 35.1, to qualify as a veteran under Iowa Code section 35.1, an individual must have been discharged under honorable conditions from the armed forces of the United States, the reserve forces of the United States, the Iowa national guard, or the merchant marines. For purposes of benefits granted under Iowa Code section 425.15 and this rule, “under honorable conditions” means that the character of an enlisted member’s discharge from the armed forces of the United States, the reserve forces of the United States, the Iowa national guard, or the merchant marines was “honorable” or “general (under honorable conditions).” “Under honorable conditions” does not include any other character of discharge, including but not limited to:     (1)   Under other than honorable conditions;    (2)   Dishonorable;    (3)   Bad conduct;    (4)   Uncharacterized; or    (5)   A similar expression indicating that the discharge or release was not under honorable circumstances.    b.    c.    Application for credit.Except for the 2014 assessment year, anA valid application for the disabled veteran tax credit is subject to all of the following requirements:    (1)   An application for the disabled veteran tax credit must be filed with the local assessor on or before July 1 of the assessment year. Any supporting documentation required by the assessoras evidence of a veteran’s service-connected disability status or rating must be current within the previous 12 months of the date on which the application is filed. The filing deadline for applications for the 2014 assessment year shall be July 1, 2015. The credit applicable to assessment year 2014 shall be allowed only on a homestead which the owner occupied on July 1, 2014, and for at least six months during the 2014 assessment year.    (2)   For persons applying for the disabled veteran tax credit under Iowa Code section 425.15(1)“a,” “b,” and “c,” a DD-214 (Certificate of Release or Discharge from Active Duty), or an equivalent document indicating the veteran’s type of separation and character of service, is required with an application for the credit to verify that the applicant meets the requirements of Iowa Code sections 425.15 and 35.1.     (3)   For persons applying for the disabled veteran tax credit under Iowa Code section 425.15(1)“b” and “c,” a U.S. Department of Veterans Affairs Benefit Summary Letter (also known as a Veterans Affairs award letter) stating the veteran’s qualifying service-connected disability rating(s) is required with an application for the disabled veteran tax credit as certification of the veteran’s service-connected disability by the U.S. Department of Veterans Affairs. Where a veteran seeks eligibility as a result of a permanent and total disability rating based on individual unemployability, the Benefit Summary Letter must also indicate that the veteran is entitled to individual unemployability that is compensated at the 100 percent disability rate.    d.    Multiple discharges.A person who has received a nonqualifying character of discharge may still qualify for the disabled veteran tax credit if it is established through the required documents under paragraph 80.1(3)“c” that the person has a service-connected disability that is related to the person’s service in the armed forces of the United States for which the person was discharged under honorable conditions, and the other requirements of Iowa Code section 425.15 and this rule are also met. In such a case, in addition to a DD-214, the applicant must include a DD-256 (Certificate of Honorable Discharge), a DD-257 (General Discharge Certificate), or an equivalent document from the relevant time of service with the application for the disabled veteran tax credit. The applicant’s Benefit Summary Letter must also indicate the applicant’s periods of service and each character of discharge.    c.    e.    Amount of credit.The amount of the credit is equal to the entire amount of tax payable on the homestead.    d.    f.    Continuance of credit.The credit shall continue to the estate or surviving spouse and child who are the beneficiaries of an owner described in subparagraph 80.1(3)“a”(1), (2), or (3) if the surviving spouse remains unmarried. If an owner or beneficiary of an owner ceases to qualify for the credit, the owner or beneficiary must notify the assessor of the termination of eligibility.    80.1(4) Application of credit.      a.    Except as provided inparagraph80.1(1)“a,” if the homestead property is conveyed to another person prior to July 1 of any year, the new owner must file a claim for credit on or before July 1 to obtain the credit for that year. If the property is conveyed on or after July 1, the credit shall remain with the property for that year provided the previous owner was entitled to the credit. However, when the property is transferred as part of a distribution made pursuant to Iowa Code chapter 598 (Dissolution of Marriage) the transferee spouse retaining ownership and occupancy of the homestead is not required to refile for the credit.    b.    A homestead tax credit may be allowed even though the property taxes levied against the homestead property have been suspended by the board of supervisors. (1938 O.A.G. 288)    c.    A homestead tax credit shall not be allowed if the property taxes levied against the homestead property have been canceled or remitted by the board of supervisors. (1956 O.A.G. 78)    d.    Only one homestead tax credit can be allowed per legally described tract of land. For purposes of this rule, a legally described tract of land shall mean all land contained in a single legal description. (1962 O.A.G. 435)    e.    If the owner of homestead property is also eligible for a military service tax exemption and claims the exemption on the homestead property, the military service tax exemption shall be applied prior to the homestead tax credit when computing net property tax. (Ryan v. State Tax Commission, 235 Iowa 222, 16 N.W.2d 215)    f.    If the homestead property contains two dwelling houses and one of the dwelling houses and a portion of the land is sold after a valid application for homestead tax credit has been filed, the assessor shall prorate the assessment so as to allow the seller a homestead tax credit on that portion of the property which is retained and also allow the purchaser a homestead tax credit on that portion of the property which is purchased, provided the purchaser files a valid application for homestead tax credit by July 1 of the claim year.    g.    A homestead tax credit shall be allowed against the assessed value of the land on which a dwelling house did not exist as of January 1 of the year in which the credit is claimed provided a dwelling house is owned and occupied by the claimant on July 1 of that year.    h.    The county treasurer shall, pursuant to Iowa Code section 25B.7, be required to extend to the claimant only that portion of the credit estimated by the department to be funded by the state appropriation.       This rule is intended to implement Iowa Code chapter 425as amended by 2006 Iowa Acts, House File 2794.

        ITEM 2.    Amend rule 701—80.2(22,35,426A) as follows:

    701—80.2(22,35,426A) Military service tax exemption.      80.2(1) Application for exemption.      a.    No military service tax exemption shall be allowed unless the first application for the military service tax exemption is signed by the owner of the property or the owner’s qualified designee and filed with the city or county assessor on or before July 1 of the current assessment year (1970 O.A.G. 437). Once filed, the claim for exemption is applicable to subsequent years and no further filing shall be required provided the claimant or the claimant’s spouse owns the property on July 1 of each year. The assessor, county auditor, and county board of supervisors shall act on the claim in accordance with Iowa Code section 426A.14. A claim filed after July 1 of any calendar year applies to the following assessment year.    b.    In the event July 1 falls on either a Saturday or Sunday, applications for the military service tax exemption may be filed the following Monday.    c.    In the event July 1 falls on either a Saturday or Sunday, applications submitted by mail shall be accepted if postmarked on the following Monday.    d.    An assessor may not refuse to accept an application for a military service tax exemption. If it is the opinion of the assessor that a military service tax exemption should not be allowed, the assessor shall accept the application for exemption and recommend disallowance.    e.    If the owner of the property is on active duty in the armed forces of this state or of the United States, or is 65 years of age or older or is disabled, the application for military service tax exemption may be signed and delivered by a member of the owner’s family or the owner’s guardian, conservator or designated attorney-in-fact. For purposes of this rule, any person related to the owner by blood, marriage or adoption shall be considered a member of the owner’s family.    80.2(2) Eligibility for exemption.      a.    A person who was discharged from the draft is not considered a veteran of the military service and is not entitled to a military service tax exemption. (1942 O.A.G. 79)    b.    A military service tax exemption shall not be allowed to a person whose only service in the military was with a foreign government. (1932 O.A.G. 242; 1942 O.A.G. 79)    c.    Former members of the United States armed forces, including members of the Coast Guard, who were on active duty for less than 18 months must have served on active duty during one of the war or conflict time periods enumerated in Iowa Code Supplement section 35.1. If former members were on active duty for at least 18 months, it is not necessary that their service be performed during one of the war or conflict time periods. Former members who opted to serve five years in the reserve forces of the United States qualify if any portion of their enlistment would have occurred during the Korean Conflict (June 25, 1950, to January 31, 1955). There is no minimum number of days a former member of the armed forces of the United States must have served on active duty if the service was performed during one of the war or conflict time periods, nor is there a minimum number of days a former member of the armed forcedforces of the United States must have served on active duty if the person was honorably discharged because of a service-related injury sustained while on active duty.Former and current members of the Iowa national guard and reserve forces of the United States need not have performed any active duty if they served at least 20 years. Otherwise, they must have been activated for federal duty, for purposes other than training, for a minimum of 90 days. Also, it is not a requirement for a member of the Iowa national guard or a reservist to have performed service within a designated war or conflict time period.    d.    With the exception of members of the Iowa national guard and members of the reserve forces of the United States who have served at least 20 years and continue to serve, a military service tax exemption shall not be allowed unless the veteran has received a complete and final separation from active duty service. (Jones v. Iowa State Tax Commission, 247 Iowa 530, 74 N.W.2d 563, 567-1956; In re Douglas A. Coyle, State Board of Tax Review, No. 197, August 14, 1979; 1976 O.A.G. 44)    e.    As used in Iowa Code subsection 426A.12(3), the term minor child means a person less than 18 years of age or less than 21 years of age and enrolled as a full-time student at an educational institution.    f.    A veteran of more than one qualifying war period is entitled to only one military service tax exemption, which shall be the greater of the two exemptions. (1946 O.A.G. 71)    g.    The person claiming a military service tax exemption must be an Iowa resident. HoweverTherefore, if the exemption is claimed by a qualified individual enumerated in Iowa Code section 426A.12, the veteran need not be an Iowa resident if such person’s exemption is claimed by a qualifiedbut the individual enumerated in Iowa Code section 426A.12claiming the exemption must be an Iowa resident. (1942 O.A.G. 140)    h.    A person who has a life estate interest in property may claim a military service tax exemption on such property. (1946 O.A.G. 155; 1976 O.A.G. 125)    i.    A remainder is not eligible to receive a military service tax exemption on property to which a remainder interest is held until expiration of the life estate. (1946 O.A.G. 155)    j.    A military service tax exemption shall not be allowed on a mobile home which is not assessed as real estate. (1962 O.A.G. 450)    k.    A divorced person may not claim the military service tax exemption of a former spouse who qualifies for the exemption. (Letter O.A.G. August 8, 1961)    l.    A surviving spouse of a qualified veteran, upon remarriage, loses the right to claim the deceased veteran’s military exemption as the surviving spouse is no longer an unremarried surviving spouse of the qualified veteran. (1950 O.A.G. 44)    m.    An annulled marriage is considered to have never taken place and the parties to such a marriage are restored to their former status. Neither party to an annulled marriage can thereafter be considered a spouse or surviving spouse of the other party for purposes of receiving the military service tax exemption. (Op. Att’y. Gen. 61-8-10(L))    n.    No military service tax exemption shall be allowed on property that is owned by a corporation, except for a family farm corporation where a shareholder occupies a homestead as defined in Iowa Code section 425.11(1), partnership, company or any other business or nonbusiness organization. (1938 O.A.G. 441)However, a family farm corporation, as defined in Iowa Code section 9H.1, where a shareholder of the family farm corporation occupies a homestead, as defined in Iowa Code section 425.11(1), may receive the military service tax exemption.    o.    In the event both a husband and wife are qualified veterans, they may each claim their military service tax exemption on their jointly owned property. (1946 O.A.G. 154) If property is solely owned by one spouse, the owner spouse may claim both exemptions on the property providing the nonowner spouse’s exemption is not claimed on other property.    p.    No military service tax exemption shall be allowed if on July 1 of the claim year, the claimant or the claimant’s unremarried surviving spouse is no longer the owner of the property upon which the exemption was claimed.    q.    A person shall not be denied a military service tax exemption even though the property upon which the exemption is claimed has been pledged to another person as security for a loan. (1960 O.A.G. 263)    r.    A qualified veteran who has conveyed property to a trustee shall be eligible to receive a military service tax exemption on such property providing the trust agreement gives the claimant a beneficial interest in the property. (1962 O.A.G. 434)    s.    A person owning property pursuant to Iowa Code chapter 499A or 499B is eligible for a military service tax exemption. (1978 O.A.G. 78-2-5; 1979 O.A.G. 79-12-2)    t.    The person claiming the exemption shall have recorded in the office of the county recorder evidence of property ownership and either the military certificate of satisfactory service or, for a current member of the Iowa national guard or a member of the reserve forces of the United States, the veteran’s retirement points accounting statement issued by the armed forces of the United States or the state adjutant general. The military certificate of satisfactory service shall be considered a confidential record pursuant to Iowa Code section 22.7.    u.    An heir of property that is part of an estate in the process of administration is considered an owner of the property and is eligible for the military exemption.    v.    Under honorable conditions. A veteran, as defined in Iowa Code section 35.1, may qualify for the military service tax exemption. In addition to the other requirements under Iowa Code section 35.1, to qualify as a veteran under Iowa Code section 35.1, an individual must have been discharged under honorable conditions from the armed forces of the United States, the reserve forces of the United States, the Iowa national guard, or the merchant marines. For purposes of benefits granted under Iowa Code chapter 426A and this rule, “under honorable conditions” means that the character of an enlisted member’s discharge from the armed forces of the United States, the reserve forces of the United States, the Iowa national guard, or the merchant marines was “honorable” or “general (under honorable conditions).” “Under honorable conditions” does not include any other character of discharge including but not limited to:    (1)   Under other than honorable conditions;    (2)   Dishonorable;    (3)   Bad conduct;    (4)   Uncharacterized; or    (5)   A similar expression indicating that the discharge or release was not under honorable circumstances.    80.2(3) Application of exemption.      a.    When the owner of homestead property is also eligible for a military service tax exemption and claims the exemption on the homestead property, the military service tax exemption shall be applied prior to the homestead tax credit when computing net property tax. (Ryan v. State Tax Commission, 235 Iowa 222, 16 N.W.2d 215)    b.    If a portion of the property upon which a valid military service tax exemption was claimed is sold on or before July 1 of the year in which the exemption is claimed, the seller shall be allowed a military service tax exemption on that portion of the property which is retained by the seller on July 1. The purchaser is also eligible to receive a military service tax exemption on that portion of the property which was purchased, provided the purchaser is qualified for the exemptions and files a valid application for the exemption on or before July 1 of the claim year.    c.    A military service tax exemption may be allowed even though the taxes levied on the property upon which the exemption is claimed have been suspended by the board of supervisors. (1938 O.A.G. 288)    d.    A military service tax exemption shall not be allowed if the taxes levied on the property upon which the exemption is claimed have been canceled or remitted by the board of supervisors. (1956 O.A.G. 78)    e.    The county treasurer shall, pursuant to Iowa Code section 25B.7, be required to extend to the claimant only that portion of the exemption estimated by the department to be funded by the state appropriation.       This rule is intended to implement Iowa Code sections 22.7, 35.1, and 35.2 and chapter 426A.
        [Filed 11/12/20, effective 1/6/21][Published 12/2/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/2/20.
    ARC 5309CRevenue Department[701]Adopted and Filed

    Rule making related to silviculture

        The Revenue Department hereby amends Chapter 211, “Definitions,” and Chapter 226, “Agricultural Rules,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 421.14.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 423.1 as amended by 2013 Iowa Acts, Senate File 452, section 125.Purpose and Summary    During the 2013 Legislative Session, the General Assembly amended the definition of “agricultural production” to include “production from silvicultural activities” and the definition of “agricultural products” to include “silviculture.” The Legislature did not define silviculture at that time.    This rule making amends the Department’s rules to reflect the addition of silviculture to Iowa Code section 423.1(5). Additionally, this rule making adopts a definition of “silviculture” and moves an existing definition of “aquaculture” out of a substantive rule and into a rule that consists of definitions. This rule making also creates a single definition of “plants” and clarifies when that definition applies in various rules.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 7, 2020, as ARC 5218C. A public hearing was held on October 27, 2020, at 10 a.m. via Google Meet.    The hearing was attended by representatives of the Iowa-Nebraska Equipment Dealers Association (INEDA) and the Coalition for Iowa’s Woodlands and Trees (the Coalition). Each representative made two comments on the rule and submitted comments in writing as well. INEDA requested the Department include the production of mulch in the description of “silvicultural activities” and add beekeeping to its “agricultural production” definition. The Department declined to make these changes as they are beyond the intended scope of this rule making. The Coalition suggested adding additional terms to clarify the extent of the activities included in “silviculture” and removing references to “fir” trees raised as Christmas trees, since other tree varieties may be raised as Christmas trees. The Department made changes to the rule to reflect these suggestions. The Department made no changes to Items 3 through 7. Identical written comments were received, reflected in the description above.Adoption of Rule Making    This rule making was adopted by the Department on November 12, 2020.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. The addition of “silviculture” to the definition of “agricultural production” was estimated by the Legislative Services Agency to have no fiscal impact for 2013 Iowa Acts, Senate File 452.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 701—7.28(17A).Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 6, 2021.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 701—211.1(423), definitions of “Agricultural production” and “Plants,” as follows:        "Agricultural production" is limited to what would ordinarily be considered a farming operation undertaken for profit. The term “agricultural production” refers to the raising of crops or livestock for market on an acreage. See Bezdek’s Inc. v. Iowa Department of Revenue (Linn County District Court, May 14, 1984). Included within the meaning of the phrase “agricultural production” is any feedlot operation whether or not the land upon which a feedlot operation is located is used to grow crops to feed the livestock in the feedlot and regardless of whether or not the livestock fed are owned by persons conducting the feedlot operation, and operations growing and raising hybrid seed corn or other seed for sale to nurseries, ranches, orchards, and dairies. “Agricultural production” includes the raising of flowering, ornamental, or vegetable plants in commercial greenhouses or elsewhere for sale in the ordinary course of business. “Agricultural production” also includes any kind of aquaculture;silviculture; commercial greenhouses; and raising catfish. Logging, production of Christmas trees, beekeeping,Beekeeping and the raising of mink, other nondomesticated furbearing animals, and nondomesticated fowl (other than ostriches, rheas, and emus) continue to be excluded from the term “agricultural production.” The above list of exclusions and inclusions within the term “agricultural production” is not exhaustive. “Agricultural products” includes flowering, ornamental, or vegetable plants and those products of aquacultureand silviculture.        "Plants" means fungi such as mushrooms,and crops commonly grown in this state such as corn, soybeans, oats, hay, alfalfa hay, wheat, sorghum, and rye. Also included within the meaning of the term “plants” are flowers, small shrubs, and fruit trees. Excluded from the meaning of the term “plants” are firproducts of silviculture, such as trees raised for Christmas trees and any trees raised to be harvested for wood.

        ITEM 2.    Adopt the following new definitions of “Aquaculture” and “Silviculture” in rule 701—211.1(423):        "Aquaculture" means the cultivation of aquatic animals and plants, including fish, shellfish, and seaweed, in natural or controlled marine or freshwater environments.        "Silviculture" means the establishment, growth, care, and cultivation of trees. “Silvicultural activities” includes logging. “Silvicultural products” includes trees raised and offered for sale for Christmas trees and any trees raised to be harvested for wood.

        ITEM 3.    Amend subrule 226.12(1) as follows:    226.12(1) Definitions.  For purposes of this rule, the following definitions apply:        "Aquaculture" means the cultivation of aquatic animals and plants, including fish, shellfish, and seaweed, in natural or controlled marine or freshwater environmentssame as defined in rule 701—211.1(423).        "Fuel" includes electricity.        "Implement of husbandry" means the same as defined in rule 701—211.1(423).        "Livestock" means the same as defined in rule 701—211.1(423) and includes domesticated fowl.        "Plants" means flowering, ornamental, or vegetable plants intended for sale in the ordinary course of business. The term does not include trees, shrubs, other woody perennials, or fungi.

        ITEM 4.    Amend paragraph 226.12(2)"b" as follows:    b.    Fuel used forflowering, ornamental, or vegetable plant production buildings.    (1)   Sales of fuel for heating or cooling greenhouses, buildings, or parts of buildings used for the production of flowering, ornamental, or vegetable plants intended for sale in the ordinary course of business are exempt from tax. See subparagraph (3) for the formula for calculating exempt use if a building is only partially used for growingflowering, ornamental, or vegetable plants.    (2)   Fuel used in aflowering, ornamental, or vegetable plant production building for purposes other than heating or cooling (e.g., lighting) or for purposes other than direct use inflowering, ornamental, or vegetable plant production (e.g., heating or cooling office space) is not eligible for this exemption. Examples of nonexempt purposes for which a portion of a greenhouse might be used include, but are not limited to, portions used for office space,; loading docks,; storage of property other thanflowering, ornamental, or vegetable plants,; housing of heating and cooling equipment,; and packagingflowering, ornamental, or vegetable plants for shipment.    (3)   Calculating proportional exemption. It may be possible to calculate the amount of total fuel used in plant production by dividing the number of square feet of the greenhouse heated or cooled and used for raisingflowering, ornamental, or vegetable plants by the number of square feet heated or cooled in the entire greenhouse. It may be necessary to alter this formula (by the use of separate metering, for example) if a greenhouse has a walk-in cooler and the cooler is used directly inflowering, ornamental, or vegetable plant production. See 701—subrule 15.3(3) regarding fuel exemption certificates and subrule 226.18(12) regarding seller’s and purchaser’s liability for sales tax.Total square footage used for raisingflowering, ornamental, or vegetable plants=800Total square footage=1,000TOTAL: 800 ÷ 1,000=.80 or 80%Thus, 80 percent of the cost of the fuel used to heat and cool Martha Green’s greenhouse is exempt from sales tax.

        ITEM 5.    Amend subrule 226.18(1) as follows:    226.18(1)   The sales or rentals of machinery, equipment, and replacement parts used in the production of flowering, ornamental, and vegetable plants are exempt from sales and use tax. The production of flowering, ornamental, or vegetable plants by a grower in a commercial greenhouse or at another location is considered to be a part of agricultural production and exempt from sales tax. The term “flowering, ornamental, or vegetableplants” does not include trees, shrubs, other woody perennials,silvicultural products or fungi.

        ITEM 6.    Rescind and reserve paragraph 226.18(2)"c".

        ITEM 7.    Amend subrules 226.18(6) and 226.18(7) as follows:    .(6)   Sales of self-propelled implements. Sales of self-propelled implements or implements customarily drawn or attached to self-propelled implements and replacement parts for the same are exempt from tax if the implements are used directly and primarily in the production offlowering, ornamental, or vegetable plants in commercial greenhouses or elsewhere. Exempt implements include, but are not limited to, forklifts used to transport pallets offlowering, ornamental, or vegetable plants, wagons containing sterilized soil, and tractors used to pull these items.    .(7)   Sales of machinery and equipment used inflowering, ornamental, or vegetable plant production which are not self-propelled or attached to self-propelled machinery and equipment are exempt from tax. Rule 701—226.19(423) includes nonexclusive examples of machinery and equipment which are not self-propelled or attached to self-propelled machinery and equipment and which are directly and primarily used inflowering, ornamental, or vegetable plant production.    [Filed 11/12/20, effective 1/6/21][Published 12/2/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/2/20.
    ARC 5301CTransportation Department[761]Adopted and Filed

    Rule making related to waivers

        The Department of Transportation hereby amends Chapter 11, “Waiver of Rules,” and Chapter 112, “Primary Road Access Control,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 307.12 and Executive Order 11 dated September 14, 1999.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 17A.9A as amended by 2020 Iowa Acts, House File 2389, section 10.Purpose and Summary    These amendments update Chapters 11 and 112 to remove the word “variance” when used with the word “waiver” in accordance with the same change included in 2020 Iowa Acts, House File 2389, section 10. Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 23, 2020, as ARC 5180C. 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 November 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    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 January 6, 2021.    The following rule-making actions are adopted:

        ITEM 1.    Amend subrule 11.1(1) as follows:    11.1(1)   The purpose of this chapter is to establish a general process for granting waivers or variances (hereinafter referred to as waivers) from the requirements of department rules. A waiver is an agency action which suspends in whole or in part the requirements or provisions of a rule as applied to an identified person on the basis of the particular circumstances of that person.

        ITEM 2.    Amend paragraph 112.12(2)"c" as follows:    c.    A predetermined access location that does not meet required spacing standards is not a waiver or variance of these rules if justification for the access location is based on one or more of the considerations listed in paragraph “a” of this subrule. The final access review letter must include this justification.    [Filed 11/12/20, effective 1/6/21][Published 12/2/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/2/20.
    ARC 5302CTransportation Department[761]Adopted and Filed

    Rule making related to indicators for autism and hearing impairment

        The Department of Transportation hereby amends Chapter 605, “License Issuance,” and Chapter 630, “Nonoperator’s Identification,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 307.12, 321.189 and 321.190.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 321.189 as amended by 2020 Iowa Acts, House File 2372, section 1; Iowa Code section 321.190 as amended by 2020 Iowa Acts, House File 2372, section 2; and 2020 Iowa Acts, House File 2585, section 35.Purpose and Summary    The amendments to Chapters 605 and 630 conform the rules with 2020 Iowa Acts, House File 2372, sections 1 and 2, and 2020 Iowa Acts, House File 2585, section 35. House File 2372 amended Iowa Code sections 321.189 and 321.190 to allow a person to add an indicator to the person’s driver’s license or nonoperator’s identification card indicating the person’s autism status. House File 2585 directed all administrative rules to be updated to reflect the term “hard of hearing” rather than the term “hearing impaired.”    The autism indicator is a new indicator that can be added to the person’s driver’s license or nonoperator’s identification card at the person’s request. The hard-of-hearing indicator is not new but is being renamed to reflect current terminology.    These amendments also adopt a technical change to reflect current Department practice that one payment method may be used to pay multiple fees associated with a driver’s license transaction.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 23, 2020, as ARC 5179C. No public comments were received. Items 2 and 5 that were included in the Notice of Intended Action were removed because they are no longer necessary. These items simply added references to the 2020 legislation, House File 2372 and House File 2585, within two implementation sentences in Chapters 605 and 630.Adoption of Rule Making    This rule making was adopted by the Department on November 10, 2020.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa beyond the impact estimated by the Legislative Services Agency for 2020 Iowa Acts, House File 2372, sections 1 and 2, and 2020 Iowa Acts, House File 2585, section 35. 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 January 6, 2021.    The following rule-making actions are adopted:

        ITEM 1.    Amend subrule 605.5(7) as follows:    605.5(7) Voluntary markings.  Upon the request of the licensee, the department shall indicate on the driver’s license any of the following:    a.    The presence of a medical condition.    b.    That the licensee is a donor under the uniform anatomical gift law.    c.    That the licensee has in effect a medical advance directive.    d.    That the licensee ishard of hearing impaired or deaf.    e.    That the licensee is a veteran.    (1)   To be eligible for a veteran designation, the licensee must be an honorably discharged veteran of the armed forces of the United States, the national guard or reserve forces. A licensee who requests a veteran designation shall submit Form 432035, properly completed by the licensee and a designee of the Iowa department of veterans affairs, or the licensee shall present certification of release or discharge from active duty, DD form 214, to the department indicating that the licensee was honorably discharged from active duty. A licensee who was a member of the national guard or reserve forces and who applies directly to the department must present a DD form 214 which indicates that the licensee was honorably discharged after serving for at least a minimum aggregate (total) of 90 days of active duty service for purposes other than training. A licensee who was a member of the national guard or reserve forces and who has a discharge document other than a DD form 214 must have the licensee’s eligibility for a veteran designation determined by a designee of the Iowa department of veterans affairs and shall apply to the department for a veteran designation by submitting Form 432035, properly completed by the licensee and a designee of the Iowa department of veterans affairs.    (2)   The department may consult with and defer to the Iowa department of veterans affairs regarding what constitutes a properly completed DD form 214 and veteran status in general.    (3)   If the department denies issuance of a license with a veteran designation upon presentation of the DD form 214 to the department, the licensee may obtain a license with a veteran designation if the licensee submits Form 432035, properly completed by the licensee and a designee of the Iowa department of veterans affairs.    (4)   If the department issues a veteran designation in error or as the result of fraud on the part of the licensee, the driver’s license with a veteran designation shall be canceled, and a duplicate license without the designation may be issued to the licensee. There shall be no charge to issue a duplicate license if the license was issued in error, unless the error was the result of fraud on the part of the licensee.    f.    That the licensee has autism spectrum disorder.

        ITEM 2.    Amend rule 761—605.10(321) as follows:

    761—605.10(321) Fees for driver’s licenses.  Fees for driver’s licenses are specified in Iowa Code section 321.191. A license fee may be paid by cash, check, credit card, debit card or money order. If payment is by check, the following requirements apply:    605.10(1)   TheIf the payment is by check, the check shall be for the exact amount of the fee and shall be payable to: Treasurer, State of Iowa. An exception may be made when a traveler’s check is presented.    605.10(2)   One checkpayment method may be used to pay fees for several persons, such as members of a family or employees of a business firm. One checkpayment method may pay all fees involved, such as the license fee and the reinstatement fee.       This rule is intended to implement Iowa Code section 321.191.

        ITEM 3.    Amend subrule 630.2(4) as follows:    630.2(4)   Upon the request of the cardholder, the department shall indicate on the nonoperator’s identification card any of the following:    a.    The presence of a medical condition.    b.    That the cardholder is a donor under the uniform anatomical gift law.    c.    That the cardholder has in effect a medical advance directive.    d.    That the cardholder ishard of hearing impaired or deaf.    e.    That the cardholder is a veteran.     (1)   To be eligible for a veteran designation, the cardholder must be an honorably discharged veteran of the armed forces of the United States, the national guard or reserve forces. A cardholder who requests a veteran designation shall submit Form 432035, properly completed by the cardholder and a designee of the Iowa department of veterans affairs, or the cardholder shall present certification of release or discharge from active duty, DD form 214, to the department indicating that the cardholder was honorably discharged from active duty. A cardholder who was a member of the national guard or reserve forces and who applies directly to the department must present a DD form 214 which indicates that the cardholder was honorably discharged after serving for at least a minimum aggregate (total) of 90 days of active duty service for purposes other than training. A cardholder who was a member of the national guard or reserve forces and who has a discharge document other than a DD form 214 must have the cardholder’s eligibility for a veteran designation determined by a designee of the Iowa department of veterans affairs and shall apply to the department for a veteran designation by submitting Form 432035, properly completed by the cardholder and a designee of the Iowa department of veterans affairs.    (2)   The department may consult with and defer to the Iowa department of veterans affairs regarding what constitutes a properly completed DD form 214 and veteran status in general.     (3)   If the department denies issuance of a nonoperator’s identification card with a veteran designation upon presentation of the DD form 214 to the department, the cardholder may obtain a card with a veteran designation if the cardholder submits Form 432035, properly completed by the cardholder and a designee of the Iowa department of veterans affairs.    (4)   If the department issues a veteran designation in error or as the result of fraud on the part of the cardholder, the nonoperator’s identification card with a veteran designation shall be canceled, and a duplicate card without the designation may be issued to the cardholder. There shall be no charge to issue a duplicate card if the card was issued in error, unless the error was the result of fraud on the part of the cardholder.    f.    That the cardholder has autism spectrum disorder.    [Filed 11/12/20, effective 1/6/21][Published 12/2/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/2/20.

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