Proposing rule making related to license sanctions and response deadlines and providing an opportunity for public comment
The Educational Examiners Board hereby proposes to amend Chapter 11, “Complaints, Investigations, Contested Case Hearings,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 272.2.State or Federal Law Implemented This rule making implements, in whole or in part, 2021 Iowa Acts, House File 744.Purpose and Summary 2021 Iowa Acts, House File 744, sets forth new criteria for the denial or revocation of a license based on discrimination against a student or employee in violation of provisions related to protected speech or intellectual freedom. An update to the rules is also needed to change the time period allowable to file a written response to a motion to match the Iowa Rules of Civil Procedure. The proposed rule making implements these changes.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 October 26, 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: October 26, 2021 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 actions are proposed:
ITEM 1. Amend subrule 11.17(2) as follows: 11.17(2) Any party may file a written response to a motion within ten15 days after the motion is served, unless the time period is extended or shortened by rules of the agency or the presiding officer. ITEM 2. Adopt the following new paragraph 11.35(2)"c": c. Speech and intellectual freedom protections.The board may deny a license to or revoke the license of a person upon the board’s finding by a preponderance of evidence that the person knowingly and intentionally discriminated against a student in violation of Iowa Code section 261H.2(3) as enacted by 2021 Iowa Acts, House File 744, section 1, or Iowa Code section 279.73 as enacted by 2021 Iowa Acts, House File 744, section 5.ARC 5938CEducational Examiners Board[282]Notice of Intended ActionProposing rule making related to fees for complaints and hearings involving administrator sanctions and providing an opportunity for public comment
The Educational Examiners Board hereby proposes to amend Chapter 11, “Complaints, Investigations, Contested Case Hearings,” and Chapter 12, “Fees,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 272.2.State or Federal Law Implemented This rule making implements, in whole or in part, 2021 Iowa Acts, House File 868.Purpose and Summary 2021 Iowa Acts, House File 868, directs the Board to establish fees for the administrative costs of processing complaints and conducting hearings when the respondent is an administrator and the final Board action results in a sanction. This proposed rule making implements the legislation.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the 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 October 26, 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: October 26, 2021 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 actions are proposed:
ITEM 1. Amend rule 282—11.33(272) as follows:282—11.33(272) Methods of discipline. The board has the authority to impose the following disciplinary sanctions:- Revoke a practitioner’s license, certificate or authorization.
- Suspend a practitioner’s license, certificate or authorization until further order of the board or for a specific period.
- Prohibit permanently, until further order of the board, or for a specific period, a practitioner from engaging in specified practices, methods, or acts.
- Require additional education or training.
- Order a physical or mental evaluation, or order alcohol and drug screening within a time specified by the board.
- Issue a public letter of reprimand.
- Order any other resolution appropriate to the circumstances of the case.
- Impose fees as provided in Iowa Code section 272.2(24) as amended by 2021 Iowa Acts, House File 868, section 29.
Proposing rule making related to endorsements and providing an opportunity for public comment
The Educational Examiners Board hereby proposes to amend Chapter 13, “Issuance of Teacher Licenses and Endorsements,” and Chapter 16, “Statements of Professional Recognition (SPR),” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed 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 The proposed amendments add STEM (science, technology, engineering, math) endorsements as an option to teach fifth- through eighth-grade algebra for high school credit and remove the requirement that the Iowa Reading Research Center approve the practicum placement for educators seeking the dyslexia endorsement. The proposed amendments also eliminate outdated language and provide consistency for school social worker rules.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 October 26, 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.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: October 26, 2021 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 actions are proposed:
ITEM 1. Amend paragraph 13.28(12)"c" as follows: c. 5-8 algebra for high school credit.For a 5-8 algebra for high school credit endorsement, hold either thea K-8 mathematics, or middle school mathematics, K-8 STEM, or 5-8 STEM endorsement and complete a college algebra or linear algebra class. This endorsement allows the holder to teach algebra to grades 5-8 for high school credit. ITEM 2. Amend subparagraph 13.28(36)"b" as follows: (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. ITEM 3. Amend subrule 16.6(2) as follows: 16.6(2) Requirements. The special education director (or designee) ofAn administrator for the area education agency or local education agency must submit an applicationa form to the board to request that the authorization be issued. The application must include: a. An official transcript that reflects the master’s degree in social work; and b. The licensed independent social worker (LISW) or licensed master social worker (LMSW) license issued by the Iowa board of social work.; and c. A statement of agreement verifying that the applicant will also maintain licensure with the board of social work while employed by or providing services to an accredited public or private school or area education agency.ARC 5935CEducational Examiners Board[282]Notice of Intended ActionProposing rule making related to licensure renewal and providing an opportunity for public comment
The Educational Examiners Board hereby proposes to amend Chapter 20, “Renewals,” and Chapter 27, “Issuance of Professional Service Licenses,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 272.2.State or Federal Law Implemented This rule making implements, in whole or in part, 2021 Iowa Acts, House File 770.Purpose and Summary 2021 Iowa Acts, House File 770, directs the Board to adopt rules to allow up to one-half of the units needed for licensure renewal to be earned through the successful completion of an individualized professional development plan. This proposed rule making implements the legislation.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the 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 October 26, 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: October 26, 2021 1 to 2 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 actions are proposed:
ITEM 1. Amend paragraph 20.5(2)"f" as follows: f. One unitThree units may be earned upon the successful completion of an individualized professional development plan as verified by the supervising licensed evaluator. ITEM 2. Amend paragraph 20.6(2)"f" as follows: f. One unitTwo units may be earned upon the successful completion of an individualized professional development plan as verified by the supervising licensed evaluator, or one unit if the applicant holds a specialist’s or doctor’s degree. ITEM 3. Amend paragraph 20.9(2)"e" as follows: e. One unitTwo units may be earned upon the successful completion of an individualized professional development plan as verified by the supervising licensed evaluator, or in the case of a superintendent, as verified by the school board president, or one unit if the applicant holds a specialist’s or doctor’s degree. ITEM 4. Adopt the following new paragraph 27.5(2)"e": e. Two units may be earned upon the successful completion of an individualized professional development plan as verified by the supervising licensed evaluator, or one unit if the applicant holds a specialist’s or doctor’s degree.ARC 5937CEducational Examiners Board[282]Notice of Intended ActionProposing rule making related to day limitation for substitute authorization holders and providing an opportunity for public comment
The Educational Examiners Board hereby proposes to amend Chapter 22, “Authorizations,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 272.2.State or Federal Law Implemented This rule making implements, in whole or in part, 2021 Iowa Acts, House File 675.Purpose and Summary 2021 Iowa Acts, House File 675, amends the day limitation for substitute authorization holders. This proposed rule making implements the legislation.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the 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 October 26, 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:October 26, 2021 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. Amend rule 282—22.2(272), introductory paragraph, as follows:282—22.2(272) Substitute authorization. A substitute authorization allows an individual to substitute in grades PK-12 for no more than ten10 consecutive daysin 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 ten-day10-day limit in one job assignmentin a 30-day period on the basis of documented need and benefit to the instructional program. The executive director or appointee will review the request and provide a written decision either approving or denying the request. ARC 5936CEducational Examiners Board[282]Notice of Intended ActionProposing rule making related to charter school administrator authorization and providing an opportunity for public comment
The Educational Examiners Board hereby proposes to amend Chapter 22, “Authorizations,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 272.2.State or Federal Law Implemented This rule making implements, in whole or in part, 2021 Iowa Acts, House File 847.Purpose and Summary 2021 Iowa Acts, House File 847, directs the Board to create a charter school administrator authorization. This proposed rule making implements the legislation.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the 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 October 26, 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: October 26, 2021 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 rule 282—22.13(272):282—22.13(272) Charter school administrator authorization. 22.13(1) Authorization. The charter school administrator authorization is only valid for service or employment as a charter school administrator. 22.13(2) Application process. Any person interested in the charter school administrator authorization shall submit an application to the board of educational examiners for an evaluation. Application materials are available from the office of the board of educational examiners online at www.boee.iowa.gov. 22.13(3) Requirements. a. Background check. The applicant must complete the background check requirements set forth in rule 282—13.1(272). b. The applicant must obtain a recommendation from an Iowa charter school governing board verifying that the organization wishes to hire the applicant as a charter school administrator. 22.13(4) Validity. This authorization is valid for five years. No Class B license or license based on executive director decision may be issued to an applicant holding the charter school administrator authorization. No additional endorsement areas may be added to the charter school administrator authorization, with the exception of evaluator approval. 22.13(5) Renewal. An applicant for renewal of the charter school administrator authorization must provide verification of completion of child and dependent adult abuse trainings as stated in 282—subrule 20.3(4).ARC 5961CEducation Department[281]Notice of Intended ActionProposing rule making related to charter schools and providing an opportunity for public comment
The State Board of Education hereby proposes to adopt a new Chapter 19, “Charter Schools,” and to amend Chapter 68, “Iowa Public Charter and Innovation Zone Schools,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 256.7.State or Federal Law Implemented This rule making implements, in whole or in part, 2021 Iowa Acts, House File 813, as amended by 2021 Iowa Acts, House File 847.Purpose and Summary This proposed rule making modernizes charter schools in Iowa, in light of recent legislative changes. As part of the rule-drafting process, the Department sought input before publication of this Notice via a public survey; 61 people responded. Some of the responses took issue with the policy decision to allow charter schools or the flexibility recent legislation affords to charter schools. Those comments, although forcefully made, deserve no further comment. Those policy decisions have already been made. Many commenters thought that charter schools deserve flexibility, charter schools must be held accountable for performance, and charter schools must not discriminate. Those three concerns are addressed in the underlying statute and these proposed rules. In this proposed rule making, cross-references in Chapter 19 to Iowa Code chapter 256E, or sections thereof, and to other new Iowa Code sections, such as 256F.12 and 257.6(1)“a”(9), are to that chapter and those sections as they will be codified in the upcoming 2022 Iowa Code. The content of the yet-to-be codified Iowa Code chapter and sections can be found in 2021 Iowa Acts, House File 813, as amended by 2021 Iowa Acts, House File 847.Fiscal Impact This rule making has an unknown fiscal impact to the State of Iowa, based on an analysis of 2021 Iowa Acts, House File 813, performed by the Legislative Services Agency (www.legis.iowa.gov/docs/publications/FN/1220089.pdf).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 State Board for a waiver of the discretionary provisions, if any, pursuant to Chapter 281—Chapter 4.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 October 26, 2021. Comments should be directed to: Thomas Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.242.5614 Email: thomas.mayes@iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: October 26, 2021 1 to 3 p.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa Via videoconference: IDOE.zoom.us/j/96227468763? pwd=QVhEQkxKZlVpT1ZCZmZ4QnY3d3Qydz09 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 by calling 515.281.5295.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. Adopt the following new 281—Chapter 19: CHAPTER 19CHARTER SCHOOLS281—19.1(256E) Purpose. It is the purpose of this chapter to give guidance and direction for the establishment, general operating powers and duties, funding, performance, and oversight of charter schools. All charter schools in Iowa are a part of the state’s program of public education. Charter schools established prior to July 1, 2021, shall continue to operate under and be subject to the requirements of Iowa Code chapter 256F and 281—Chapter 68.281—19.2(256E) Establishment of charter schools. 19.2(1) A charter school may be established by either of the following methods: a. School board-state board model.A school board may create a founding group to apply to the state board for approval to establish and operate a charter school within and as a part of the school district by establishing a new attendance center, creating a new school within an existing attendance center, or converting an existing attendance center to charter status. b. Founding group-state board model.A founding group may apply to the state board for approval to establish and operate a charter school within the boundaries of the state that operates as a new attendance center independently from a public school district. 19.2(2) The state board of education shall be the only authorizer of charter schools under this chapter.281—19.3(256E) Purpose of a charter school. The purpose of a charter school established under this chapter shall be to accomplish the following:- Improve student learning, well-being, and postsecondary success.
- Increase learning opportunities for students in areas of need, including but not limited to science, technology, engineering, and math (STEM), and science, technology, engineering, arts, and math (STEAM).
- Increase opportunities for work-based learning, early literacy intervention, and serving at-risk populations.
- Accelerating student learning to prevent learning loss during the COVID-19 pandemic and other significant disruptions to student learning.
- Encourage the use of evidence-based practices in innovative environments.
- Require the measurement and evaluation of program implementation and learning outcomes.
- Establish models of success for Iowa schools.
- Create new professional opportunities for teachers and other educators.
- Investigate and establish different organizational structures for schools to use to implement a multi-tiered system of supports for students.
- Allow greater flexibility to meet the education needs of a diverse student population and changing workforce needs.
- Allow for the flexible allocation of resources through implementation of specialized school budgets for the benefit of the schools served.
- Allow greater flexibility for districts and schools to focus on closing gaps in student opportunity and achievement for all students from preschool through postsecondary preparation.
Proposing rule making related to fact-finding interviews regarding contractor registration revocation and providing an opportunity for public comment
The Labor Commissioner hereby proposes to amend Chapter 150, “Construction Contractor Registration,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 91C.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 91C.5.Purpose and Summary For a contractor that no longer meets the criteria for registration, Iowa Code section 91C.5 establishes a revocation procedure requiring a fact-finding interview to assure that a contractor is not in compliance with registration requirements. Subrule 150.11(3), which relates to Iowa Code section 91C.5, defaults to an in-person fact-finding interview with an option for a telephone interview. The proposed amendment to subrule 150.11(3) defaults to a telephone fact-finding interview with videoconference as an option, but also provides for a contractor to request an in-person fact-finding interview at least 72 hours before the interview is scheduled to begin.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commissioner for a waiver of the discretionary provisions, if any, pursuant to 875—Chapter 1.Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Commissioner no later than 4:30 p.m. on October 27, 2021. Comments should be directed to: Kathleen Uehling Division of Labor Services 150 Des Moines Street Des Moines, Iowa 50309 Email: kathleen.uehling@iwd.iowa.gov Public Hearing If requested, a public hearing at which persons may present their views orally or in writing will be held as follows: October 27, 2021 1 p.m. 150 Des Moines Street Des Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Commissioner and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Amend subrule 150.11(3) as follows: 150.11(3) Fact-finding interview. The purpose of the fact-finding interview is to ensure the contractor is not in compliance before the registration is revoked. All fact-finding interviews shall be held in the offices of the division. A telephone interview may be conducted upon request.The contractor may file a request for an in-person fact-finding interview at least 72 hours before the fact-finding interview is scheduled to begin. Otherwise, the fact-finding interview will be conducted by telephone. The contractor may notify the fact finder of a telephone number to use at least 24 hours before the fact-finding interview is scheduled to begin. Otherwise, the fact finder shall call the number on file for the contractor. The fact-finding interview may be conducted via videoconference if the fact finder and the contractor make arrangements in advance.ARC 5962CLaw Enforcement Academy[501]Notice of Intended ActionProposing rule making related to jailer training and providing an opportunity for public comment
The Law Enforcement Academy hereby proposes to amend Chapter 1, “Organization and Administration,” and Chapter 2, “Minimum Standards for Iowa Law Enforcement Officers”; to rescind Chapter 4, “Instructor Certification Criteria for Approved Regional Law Enforcement Training Facilities,” and adopt a new Chapter 4, “Instructor Certification Criteria for the Training of Peace Officers, Reserve Officers, Jailers and Public Safety Telecommunicators”; to amend Chapter 7, “Public Records and Fair Information Practices”; to rescind Chapter 9, “Jailer Training,” and adopt a new Chapter 9 with the same title; to rescind Chapter 10, “Reserve Peace Officers,” and adopt a new Chapter 10 with the same title; and to amend Chapter 11, “Salvage Vehicle Theft Examinations,” and Chapter 13, “Public Safety Telecommunicator Training Standards,” Iowa Administrative Code. Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 80B.11, 80B.11A, 80B.11C, 80D.3, 80D.4 and 321.52.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 80B and 80D and 2021 Iowa Acts, Senate File 230.Purpose and Summary The Iowa Law Enforcement Academy, in consultation with the Iowa Department of Corrections, the Iowa State Sheriffs and Deputies Association and the Iowa Peace Officers Association, has updated the requirements and standards for jailer training. The proposed amendments include formalizing topics for jailer instruction, providing guidance for online vendors, and changing how the Academy certifies instructors for the training of jailers, peace officers and public safety communicators. Additionally, the Academy is proposing amendments to the Peace Officer Reserve Program to provide more guidance to agencies as the Academy introduces its online reserve training program. The proposed amendments to Chapter 11 are a response to the change in the definition of “wrecked or salvage vehicle” made by 2021 Iowa Acts, Senate File 230.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 Academy Council for a waiver of the discretionary provisions, if any, pursuant to 501—Chapter 16.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 Academy no later than 4:30 p.m. on October 26, 2021. Comments should be directed to: Russell Rigdon Iowa Law Enforcement Academy Building 4640 P.O. Box 130 Johnston, Iowa 50131 Email: russell.rigdon@iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend rule 501—1.1(80B), definition of “General jailer instructors,” as follows: "General jailer instructors" will be those instructing in subjects clearly related to the operation of a jailmeans peace officers, jailers, jail administrators or public safety telecommunicators instructing in subjects relevant to their profession. ITEM 2. Rescind the definitions of “Guest lecturer,” “Professional jailer instructors” and “Recognized expert” in rule 501—1.1(80B). ITEM 3. Adopt the following new definition of “Subject matter expert” in rule 501—1.1(80B): "Subject matter expert" means those instructors responsible for a subject requiring a specialized academic degree, certification, licensure or experience. ITEM 4. Amend subrule 2.1(9) as follows: 2.1(9) Has an uncorrected vision of not less than 20/100 in both eyes, corrected to 20/20. Has, and has color vision consistent with the occupational demands of law enforcement. a. Passing any of the following color vision tests indicates that the applicant has color vision abilities consistent with the occupational demands of law enforcement: (1) Pseudoisochromatic plates tests such as but not limited to: Tokyo Medical College, Ishihara, Standard Pseudoisochromatic Plates, Dvorine, American Optical HRR Plates, American Optical. (2) Panel tests such as:Farnsworth Dichotomous D-15 Test or any other test designed and documented to identify extreme anomalous trichromatic, dichromatic or monochromatic color vision. b. Color corrective lenses may not be used by an applicant during the testing process pursuant to the American College of Occupational and Environmental Medicine (ACOEM) Guidance for the Medical Evaluation of Law Enforcement Officers. c. Individuals with extreme anomalous trichromatism or monochromasy color vision, as determined through testing, are not eligible to be hired as law enforcement officers in the state of Iowa. ITEM 5. Amend rule 501—2.2(80B), introductory paragraph, as follows:501—2.2(80B) Mandatory psychological testing and administrative procedures. In no case shall any person be selected or appointed as a law enforcement officer unless that person has performed satisfactorily in preemployment cognitive or personalitypsychological tests, or both, prescribed by the Iowa law enforcement academy. ITEM 6. Amend subrule 2.2(2) as follows: 2.2(2) Required personalitypsychological test. a. The Minnesota Multiphasic Personality Inventory 2 (MMPI-2), Minnesota Multiphasic Personality Inventory 2-Restructured Form (MMPI-2-RF) or Minnesota Multiphasic Personality Inventory 3 (MMPI-3) test shall be taken by all applicants in the final selection process for a law enforcement position. b. The prescribed personalitypsychological test for an applicant in the final selection process shall be administered, scored and interpreted by the academy or by an individual who has been approved by the academy. The prescribed personalitypsychological test for an applicant in the final selection process shall be evaluated by the Iowa law enforcement academy. These tests shall be evaluated and test results and evaluations shall be forwarded to a law enforcement agency for selection purposes only by the Iowa law enforcement academy upon proper waiver by the applicant. ITEM 7. Amend paragraph 2.2(3)"c" as follows: c. The administration of the Stanard & Associates’ National Police Officer Selection Test (POST)POST test and the Minnesota Multiphasic Personality Inventory 2 (MMPI-2)MMPI-2, MMPI-2-RF or MMPI-3 shall be in accordance with directions of the Iowa law enforcement academy. ITEM 8. Amend subrule 2.2(5) as follows: 2.2(5) PersonalityPsychological tests. a. Those law enforcement agencies which choose to administer, score, or interpret the MMPI-2, MMPI-2-RF or MMPI-3 without using the academy’s testing services shall forward to the academy psychological testing information on any individual hired within 14 days of the date hired. Such information shall include, but not be limited to, all scores from MMPI-2, MMPI-2-RF or MMPI-3 scales used in the evaluation,; the MMPI-2, MMPI-2-RF or MMPI-3 answer sheet,; and any resulting reports. b. The Minnesota Multiphasic Personality Inventory 2 (MMPI-2)MMPI-2, MMPI-2-RF or MMPI-3 test may be administered to applicants who are not in the final selection process. ITEM 9. Amend paragraph 2.2(7)"b" as follows: b. Forwarding of Minnesota Multiphasic Personality Inventory 2 (MMPI-2)MMPI-2, MMPI-2-RF or MMPI-3 test results. The evaluation by the Iowa law enforcement academy of Minnesota Multiphasic Personality Inventory 2MMPI-2, MMPI-2-RF or MMPI-3 tests will be available to any prospective employing agency upon request and proper waiver by the applicant for a minimal handling fee. ITEM 10. Amend paragraph 2.2(8)"a" as follows: a. The Iowa law enforcement academy evaluations of the Minnesota Multiphasic Personality Inventory 2MMPI-2, MMPI-2-RF or MMPI-3 may only be used for 12 months to comply with these testing rules. Any applicant who has not been hired or placed upon a civil service certified list within 12 months of taking the Minnesota Multiphasic Personality Inventory 2MMPI-2, MMPI-2-RF or MMPI-3 test must retake the examination and, before the applicant is hired, the results of the examination must be considered by the hiring authority. ITEM 11. Rescind 501—Chapter 4 and adopt the following new chapter in lieu thereof: CHAPTER 4INSTRUCTOR CERTIFICATION CRITERIA FOR THE TRAINING OF PEACE OFFICERS, RESERVE OFFICERS, JAILERS AND PUBLIC SAFETY TELECOMMUNICATORS501—4.1(80B,80D) Instructors for the training of peace officers, reserve officers, jailers and public safety telecommunicators. 4.1(1) Instructor designation. All instructors will be designated as either general or a subject matter expert (SME). General instructors will be peace officers, jailers, jail administrators or public safety telecommunicators instructing in subjects relevant to their profession. Subject matter expert instructors will be those instructing subjects in the areas requiring a specialized academic degree, certification, licensure or experience. Final decision as to whether an instructor is in the general or SME area rests with the academy council or the academy director. 4.1(2) Certification of instructors. All certification of instructors will be the responsibility of the academy council. 4.1(3) Request for instructional certification. a. All instructors requesting certification must submit this request to the academy council on an application which can be obtained from the Iowa law enforcement academy. Minimum qualifications for the certification of instructors (general and subject matter expert) apply to all applicants. b. All applications for instructors must be submitted to the academy 20 days prior to a regularly scheduled academy council meeting. Any applications not received 20 days prior to a regularly scheduled meeting may not be considered and may be added to the agenda of the next subsequent meeting. 4.1(4) Instructor qualifications. Instructors will be certified on the basis of minimum qualifications in the areas of education, training, experience and background. The actual evaluation and selection of instructors will remain the responsibility of the administrator who is ultimately responsible for the instruction provided. 4.1(5) Granting or revocation of instructor certification. a. All instructor certification will be issued for a period of three years. At the end of a three-year period, certification may be renewed if the instructor has successfully completed renewal training requirements, has instructed in a certified training program during the three-year period, remains in good standing, and is recommended by the administrator under whose supervision the individual has instructed. b. The certification may be revoked in writing at the discretion of the academy council or the academy director. In the event of denial of recertification or revocation of certification, the certificate holder may file a written notice of appeal to the academy council within 30 days of notification of the action. The appeal notice should be addressed to Director, Iowa Law Enforcement Academy, P.O. Box 130, Johnston, Iowa 50131. A hearing on this matter will be held by the academy council within 60 days of the receipt of the appeal notice. c. Good standing determination is in the sole discretion of the academy council or academy director. A person who has been dismissed for good cause from previous employment; who leaves, who voluntarily quits, or whose position is eliminated when disciplinary action was imminent or pending that could have resulted in removal for good cause as defined in rule 501—1.1(80B); or who is currently involved in the decertification process shall not be considered in good standing. 4.1(6) Responsibility for ensuring instructional excellence. It is the continuing responsibility of the administrator to ensure that the instructors are assigned only topics that they are qualified to teach and are supervised on a regular basis to ensure that instructional excellence is maintained. 4.1(7) Endorsement of application for instructor certification. Applications for instructor (general or subject matter expert) certification will be endorsed by the administrator and, where applicable, by the applicant’s department head.501—4.2(80B,80D) Minimum qualifications for certification of instructor (general). 4.2(1) Experience and training. The following are minimum experience and training requirements that an instructor (general) must meet in order to become certified: a. A minimum of three years’ certified experience (peace officer, jailer or public safety telecommunicator) with a majority portion of this experience in the subject area to be instructed; and b. Successful completion of an instructor training course consisting of a minimum of 16 hours of instruction or have provided a minimum of 60 hours of instruction within the past three years and be able to verify the same upon request. 4.2(2) Specific requirements to instruct specialized areas. Special training or valid certification is required to instruct certain subject areas, including but not limited to those listed below: a. Arson and bombing instructor.Must have attended a specialty school in police/military explosives handling and a recognized arson school. b. Collision investigation instructor.Must have successfully completed a two-week collision investigation school at the Iowa law enforcement academy or other training recognized by the Iowa law enforcement academy. c. Defensive tactics instructor.Must have successfully completed a defensive tactics instructor school at the Iowa law enforcement academy or other training recognized by the Iowa law enforcement academy. d. Fingerprint instructor.Must have successfully completed the basic and advanced Federal Bureau of Investigation fingerprint schools or a program approved by the Iowa law enforcement academy. e. Firearms instructor.Must have successfully completed a firearms instructor school at the Iowa law enforcement academy or other training recognized by the Iowa law enforcement academy. f. Iowa law enforcement emergency care provider instructor.Must be certified as an ILEECP by the Iowa law enforcement academy or maintain current emergency medical care provider, or higher level of medical certification. g. Less lethal and chemical munitions instructor.Must have attended a school recognized by the Iowa law enforcement academy in less lethal and chemical munitions. h. OWI/implied consent and standardized field sobriety test (SFST) instructor.Must have successfully completed a standardized field sobriety test instructor school at the Iowa law enforcement academy or other training recognized by the Iowa law enforcement academy. i. Precision driving instructor.Must have successfully completed a precision driving instructor school at the Iowa law enforcement academy or other training recognized by the Iowa law enforcement academy.501—4.3(80B,80D) Minimum qualifications for certification (subject matter expert). 4.3(1) Experience, education and background. The following are minimum experience and training requirements that an instructor (subject matter expert) must meet in order to become certified: a. Must have a minimum of three years’ experience in the subject area to be instructed; and b. Must have at least a baccalaureate degree in the subject area or related field unless further education is required; a current license or certification in the subject area; and c. Must be recommended by the administrator who shall consider the reputation, conduct, stability, and ability of the person being recommended. 4.3(2) Reserved.501—4.4(80B,80D) Online vender certification. 4.4(1) Experience, education and background. Online vendors applying to become certified instructors are required to meet the minimum qualifications in the area of education, training, experience and background as outlined in this chapter. 4.4(2) Jail training. a. Vendors seeking certification for annual jailer in-service training will be requested to provide information detailing the extent to which their materials address Iowa-specific topics and reference the following sources: (1) Suicide prevention/mental illness (201—subrule 50.15(6)). (2) Prison rape elimination act (PREA) (Title 42 U.S.C. 147). (3) Bloodborne pathogens (OSHA standard as set out in CFR Part 1910.1030(g)(2)). (4) Legal: 1. Grievance and disciplinary procedures (201—subrule 50.21(4)). 2. Constitutional rights of inmates (201—Chapter 50). 3. Introduction to Iowa criminal law as applicable to a jail setting (201—Chapter 50). 4. Affirmative duty to intervene/intercede (Iowa Code section 80B.11G). 5. Use of force (Iowa Code sections 704.1, 704.2, 704.2A, 704.2B, 704.8). (5) Cultural diversity including implicit bias (Iowa Code section 80B.11G). (6) Communication skills including de-escalation (Iowa Code section 80B.11G). (7) Medical screening at intake (201—subrule 50.15(6)). (8) Medication management (201—subrule 50.15(2)). (9) Jail standards (201—Chapter 50). b. The jail administrator will verify that the vendors being used for training meet the requirements outlined in subrule 4.4(1) and paragraph 4.4(2)“a.” 4.4(3) Peace officer training. Vendors seeking certification for annual peace officer in-service training will be requested to provide information detailing the extent to which their materials address Iowa-specific topics and reference the following sources: a. Cultural diversity including implicit bias (Iowa Code section 80B.11G). b. Communication skills including de-escalation (Iowa Code section 80B.11G). c. Use of force (Iowa Code sections 704.1, 704.2, 704.2A, 704.2B, 704.8). 4.4(4) Application. Online vendors must make application and are subject to council approval. Certifications are valid for one year and may be renewed by the council upon reapplication. These rules are intended to implement Iowa Code sections 80B.11, 80B.11A, 80B.11C and 80D.4. ITEM 12. Amend subrule 7.13(9) as follows: 7.13(9) Psychological testing. These files contain information concerning a law enforcement applicant’s test scores regarding cognitive and personalitypsychological tests mandated by Iowa Code section 80B.11(1)“g.” In these files other psychological examinations requested by hiring agencies are also stored by a personal identifier. Some of this information may be confidential pursuant to Iowa Code section 22.7(19). Law enforcement officers interested in the results of their psychological testing should contact the hiring agency that authorized the testing. This information is maintained in both computerized and paper form. ITEM 13. Rescind 501—Chapter 9 and adopt the following new chapter in lieu thereof: CHAPTER 9JAILER TRAINING501—9.1(80B) Jailer training. 9.1(1) Basic training. All jail administrators shall meet the following requirements within six months of appointment. Jailers shall meet the following requirements within one year of employment or assignment: a. Successful completion of a 40-hour training program approved by the academy or the National Sheriffs’ Association correspondence course. Either course must be appropriately documented to reflect course content, length of session, and instructor(s). All instructors presenting in the 40-hour training program shall be certified by academy personnel utilizing certification standards adopted by the academy (rule 501—4.1(80B,80D)). It shall be the responsibility of the training program administrator to make certain all instructors are certified and the training program is approved. b. Approved 40-hour training program curriculums shall include the following topics: (1) Suicide prevention/mental illness (201—paragraph 50.15(6)“c”). (2) Prison rape elimination act (PREA) (Title 42 U.S.C. 147). (3) Bloodborne pathogens (OSHA standard as set out in CFR Part 1910.1030(g)(2)). (4) Legal: training topics in paragraphs “1” through “5” below must include references to the Iowa Code, jail standards and relevant case law. 1. Grievance and disciplinary procedures (201—subrule 50.21(4)). 2. Constitutional rights of inmates (201—Chapter 50). 3. Introduction to Iowa criminal law as applicable to a jail setting (201—Chapter 50). 4. Affirmative duty to intervene/intercede (Iowa Code section 80B.11G). 5. Use of force (Iowa Code sections 704.1, 704.2, 704.2A, 704.2B, 704.8). (5) Cultural diversity including implicit bias (Iowa Code section 80B.11G). (6) Communication skills including de-escalation (Iowa Code section 80B.11G). (7) Methods of restraining violent inmates. (8) Medical screening at intake (201—subrule 50.15(6)). (9) Supervision of inmates. (10) Report writing. (11) DNA submissions. (12) Fingerprinting. (13) Medication management (201—subrule 50.15(2)). (14) Security procedures/cell and area searches. (15) Jail standards (201—Chapter 50). (16) Juveniles in custody. c. First aid and cardiopulmonary resuscitation (CPR). (1) The individual shall hold a current course completion card in CPR, automated external defibrillator (AED) and foreign body airway obstruction for adults according to national standards defined by the International Liaison Committee on Resuscitation (ILCOR) and recognized by the Iowa law enforcement academy. (2) The individual shall be trained in first aid according to national standards recognized by the Iowa law enforcement academy or shall hold certification as an Iowa law enforcement emergency care provider (ILEECP), emergency medical responder, licensed practical nurse, registered nurse, or medical practitioner or hold other similar certification in the state of Iowa. (3) All certification or licensure required by this rule must thereafter be maintained current according to the standards of the certifying or licensing agency. 9.1(2) Annual jailer in-service curriculum. During each fiscal year of employment following completion of the required basic training as set forth in subrule 9.1(1), jailers and the administrator of a jail shall complete 20 hours of in-service training, not to include proficiency in chemical agents or firearms qualification. All instructors shall be certified by academy personnel utilizing certification standards adopted by the academy. a. The following is a list of annually (every year) required topics: 12 hours (1) Suicide prevention/mental illness (201—paragraph 50.15(6)“c”) 3 hours minimum (2) Prison rape elimination act (PREA) (Title 42 U.S.C. 147) 1 hour minimum (3) Emergency evacuation plan (201—subrule 50.9(3)) (4) Bloodborne pathogens (OSHA standard as set out in CFR Part 1910.1030(g)(2)) 1 hour minimum (5) Legal: training topics in paragraphs “1” through “5” must include references to the Iowa Code, jail standards and relevant case law 2 hours 1. Grievance and disciplinary procedures (201—subrule 50.21(4)) 2. Constitutional rights of inmates (201—Chapter 50) 3. Introduction to Iowa criminal law as applicable to a jail setting (201—Chapter 50) 4. Affirmative duty to intervene/intercede (Iowa Code section 80B.11G) 5. Use of force (Iowa Code sections 704.1, 704.2, 704.2A, 704.2B, 704.8) (6) Cultural diversity including implicit bias (Iowa Code section 80B.11G) 2 hours minimum (7) Communication skills including de-escalation (Iowa Code section 80B.11G) 1 hour minimum (8) Methods of restraining violent inmates 1 hour minimum (9) Medical screening at intake (201—subrule 50.15(6)) 1 hour minimum b. Required biannually (every two years):CPR/AED/airway obstruction – adult 4 hours c. Eight hours of additional training selected by the jail administrator or sheriff.501—9.2(80B) Holding facility personnel training. 9.2(1) Basic training. All appointed facility administrators and designees shall meet the following requirements within one year of employment or assignment: a. Facility administrators and supervisors employed in holding facilities shall receive ten hours of training within the first year of employment. This training shall include the following required topics or comparable course content: (1) Suicide prevention/mental illness (201—paragraph 50.15(6)“c”). (2) Prison rape elimination act (PREA) (Title 42 U.S.C. 147). (3) Legal: training topics in paragraphs “1” through “5” must include references to the Iowa Code, jail standards and relevant case law. 1. Grievance and disciplinary procedures (201—subrule 50.21(4)). 2. Constitutional rights of inmates (201—Chapter 50). 3. Introduction to Iowa criminal law as applicable to a jail setting (201—Chapter 50). 4. Affirmative duty to intervene/intercede (Iowa Code section 80B.11G). 5. Use of force (Iowa Code sections 704.1, 704.2, 704.2A, 704.2B, 704.8). (4) Security procedures. b. First aid and CPR. (1) The individual shall hold a current course completion card in CPR, AED and foreign body airway obstruction for adults according to national standards defined by the ILCOR and recognized by the Iowa law enforcement academy. (2) The individual shall be trained in first aid according to national standards recognized by the Iowa law enforcement academy, or shall hold certification as an ILEECP, emergency medical responder, licensed practical nurse, registered nurse, or medical practitioner or hold other similar certification in the state of Iowa. (3) All certification or licensure required by this rule must thereafter be maintained current according to the standards of the certifying or licensing agency. 9.2(2) Annual holding facility in-service curriculum. a. Administrators and supervisors of holding facilities shall complete five hours of in-service training, not to include hours spent in maintaining required certification or proficiency in first aid, CPR/AED/airway obstruction – adult, chemical agents, or handling of firearms. b. Required annually (every year): (1) Suicide prevention (201—paragraph 50.15(6)“c”) 1 hour minimum (2) Emergency evacuation plan (201—subrule 50.9(3)) (3) Bloodborne pathogens (OSHA standard as set out in CFR Part 1910.1030(g)(2)) 1 hour minimum These rules are intended to implement Iowa Code section 80B.11A. ITEM 14. Rescind 501—Chapter 10 and adopt the following new chapter in lieu thereof: CHAPTER 10RESERVE PEACE OFFICERS501—10.1(80D) General requirements for reserve peace officers. In no case shall any person hereafter be selected or appointed as a reserve peace officer unless the person: 10.1(1) Is a citizen of the United States and a resident of Iowa or intends to become a resident of Iowa upon appointment as a reserve peace officer, provided that the state residency requirement under this subrule shall not apply to employees of a city or county that has adopted an ordinance to allow the employees of the city or county to reside in another state and shall not apply to an employee of a city or county that later repeals such an ordinance if the employee resides in another state at the time of the repeal. A city or county that has adopted an ordinance to allow the employees of the city or county to reside in another state shall provide a current copy of the ordinance to the Iowa law enforcement academy. 10.1(2) Is 18 years of age at the time of selection or appointment. 10.1(3) Has a valid driver’s or chauffeur’s license issued by the state of Iowa. Reserve peace officers who are allowed to reside in an adjacent state shall be required to possess a valid driver’s or chauffeur’s license of the state of residence of the officer. 10.1(4) Is not addicted to drugs or alcohol. 10.1(5) Is of good moral character as determined by a thorough background investigation, including a fingerprint search conducted on local, state and national fingerprint files, and has not been convicted or adjudicated of any offense listed in 501—paragraph 2.1(5)“a.” 10.1(6) Is not by reason of conscience or belief opposed to the use of force when necessary to fulfill the person’s duties. 10.1(7) Is a high school graduate with a diploma or possesses a GED equivalency certificate. 10.1(8) Has an uncorrected vision of not less than 20/100 in both eyes, corrected to 20/20. a. The applicant shall have color vision consistent with the occupational demands of law enforcement. An applicant’s passing any of the following color vision tests indicates that the applicant has color vision abilities consistent with the occupational demands of law enforcement: (1) Pseudoisochromatic plates tests such as, but not limited to, Tokyo Medical College, Ishihara, Standard Pseudoisochromatic Plates, Dvorine, American Optical HHR Plates, and American Optical. (2) Panel tests such as Farnsworth Dichotomous D-15 Test or any other test designed and documented to identify extreme anomalous trichromatic, dichromatic or monochromatic color vision. Color corrective lenses may not be used by an applicant during the testing process per the American College of Occupational and Environmental Medicine (ACOEM) Guidance for the Medical Evaluation of Law Enforcement Officers. b. An individual with extreme anomalous trichromatism or monochromasy color vision, as determined through testing, is not eligible to serve as a reserve peace officer in the state of Iowa. 10.1(9) Has hearing corrected to normal hearing standards. Hearing is considered normal when, tested by an audiometer, hearing sensitivity thresholds are within 25dB measured at 1000Hz, 2000Hz and 3000Hz averaged together. Hearing tests conducted within 12 months before appointment or selection may be used. A person who performs policing duties alone and without the direct supervision of a certified regular law enforcement officer who is physically present with the reserve peace officer at all times must have normal hearing in each ear. Policing duties include but are not limited to responding to calls, making traffic stops, and patrolling the jurisdiction. 10.1(10) Is examined by a licensed physician or surgeon and meets the physical requirements as defined by the law enforcement agency necessary to fulfill the responsibilities of the reserve peace officer position being filled.501—10.2(80D) Higher standards not prohibited. A person who does not meet minimum standards shall not be selected or appointed as an Iowa reserve peace officer. Agencies are not limited or restricted in establishing additional standards.501—10.3(80D) Certification through training required for all reserve peace officers. 10.3(1) Each person appointed to serve as a reserve peace officer after July 1, 2007, shall satisfactorily complete a minimum training course established by the academy consisting of at least 80 hours of training and 40 hours of supervised time. Training for individuals appointed as reserve peace officers shall be provided by the Iowa law enforcement academy through the learning management system, through approved regional academies, or through instructors at a law enforcement agency approved by the academy. Reserve peace officers must be certified within 18 months from the date of their appointment. a. The training modules will be available through a learning management system online. The modules are self-paced and must be completed in order. The reserve peace officer completing the training module will be given an academy-developed test covering the completed module. The reserve peace officer completing the training module must pass the test with a score of 70 percent or better. If the first test score is below 70 percent, the reserve peace officer may take the test a second time following remediation of the failed topic(s) with an Iowa law enforcement academy instructor. Failure of the test the second time will result in the individual’s not being eligible for certification for a period of one year following the date of the second test failure. At the completion of the training modules, the reserve peace officer will be given an academy-developed test covering all six modules. The reserve peace officer must pass this test with a score of 70 percent or better. If the first test score is below 70 percent, the reserve peace officer may take the test a second time following remediation of the failed topic(s) with an Iowa law enforcement academy instructor. b. Supervised time is defined as direct supervision by a regular certified law enforcement officer of the reserve peace officer while the reserve peace officer performing activities consistent with the reserve peace officer’s duties, such as ride-along time, jail time, or other assigned duties. c. Upon satisfactory completion of training and supervised time required by the academy, the individual shall be certified by the academy as an Iowa reserve peace officer and shall be issued a certificate by the academy. 10.3(2) The academy council may, at the council’s discretion, extend the 18-month time period in which a reserve peace officer must become certified for up to 180 days after a showing of undue hardship by the reserve peace officer or the reserve peace officer’s appointing agency. To be considered for an extension of the 18-month certification period, the person or agency requesting the extension must initiate the request in writing not less than ten days prior to the council meeting at which the extension request is to be discussed and must also make a presentation to the council at the next regularly scheduled meeting of the council. An extension shall not be liberally granted and shall only be granted after a showing that all other alternatives to an extension have been considered and rejected. 10.3(3) The time period within which a person must achieve certification as a reserve peace officer in the state of Iowa shall commence on the day a person is first appointed as a reserve peace officer in the state of Iowa. Any subsequent changes in a reserve peace officer’s appointment status, including transfers to a different appointing agency, shall not toll or otherwise extend the certification period. 10.3(4) Should a person appointed as a reserve peace officer fail to achieve certification within the time period or under any extension allowed by this rule, that person shall not be eligible for appointment as a reserve peace officer and shall not serve as a reserve peace officer in the state of Iowa for a period of not less than one year from the date the time period in which to achieve certification expired, or from the date that the person was last appointed as a reserve peace officer in the state of Iowa, whichever comes first.501—10.4(80D) Curriculum for training modules. Six modules consisting of 12 to 16 hours of required training topics per module will be developed by the academy. The training modules will include curriculum and training materials for each topic. Curriculum and training materials will be provided by the academy to all reserve officer candidates via the online learning management system and to agencies with academy-approved instructors. Training modules will be updated no less than every three years. Approved training module curriculum shall include the following topics: 10.4(1) Module A. a. Implicit bias. b. Patrol techniques. c. Ethics. d. Use of force. e. De-escalation. f. Defensive tactics. 10.4(2) Module B. a. Law of arrest. b. Report writing. c. Discretion. d. Interviews and interrogations. e. Role of emergency communication. f. Precision driving. g. Traffic direction. h. Motor vehicle law. 10.4(3) Module C. a. Vehicle stops. b. Collision scene control. c. Criminal law. d. Current drug trends. e. Recognizing impairment. f. Community policing. 10.4(4) Module D. a. Search and seizure. b. Felony calls. c. Introduction to crime scene. d. Crisis and conflict. e. Domestic abuse. f. Juvenile law. 10.4(5) Module E. a. Human trafficking. b. Hazmat awareness. c. Civil liability. d. Bloodborne pathogens. e. Weather preparedness. f. Court organization. g. Testifying in court. h. Community relations. 10.4(6) Module F. a. Mandatory reporting. b. Practical skills testing in the areas of defensive tactics, vehicle stops, precision driving, and report writing.501—10.5(80D) Weapons certification. 10.5(1) Reserve officers must receive council certification in the use of weapons the hiring authority expects and authorizes the reserve peace officers to carry. Weapons training is not required with any weapons the reserve officers are not authorized to carry. 10.5(2) Individuals who have been certified through training by the Iowa law enforcement academy as regular officers may be certified to carry weapons as reserve officers without repeating the required reserve officer’s weapons training under the following conditions: a. The academy certification through training was acquired through a school in which firearms training was required; and (1) The individual is serving as a regular officer for another department at the time of appointment as a reserve officer, or (2) The individual has served as a regular officer within the two years immediately preceding appointment as a reserve officer. b. Verification must also be provided to the council that the officer has fired a qualifying score of 80 percent or higher on a firearm course using targets approved by the academy within the past 12 months. This verification must be provided by an academy-trained and -certified firearms instructor. 10.5(3) Firearms, striking instruments and chemical weapons training must be provided by an Iowa law enforcement academy-certified instructor before a reserve peace officer can be certified to carry weapons. Reserve officer weapons training requirements are the same as those required of regular law enforcement officers during their basic training. 10.5(4) Application for weapons certification. a. Application for weapons certification must be made in writing to the council on forms provided by the academy. b. An applicant for certification to carry weapons as a reserve peace officer must be of good moral character and not have been convicted or adjudicated of any offense listed in 501—paragraph 2.1(5)“a.” c. Verification must be received by the council that a fingerprint check has been made with the Federal Bureau of Investigation and the division of criminal investigation of the Iowa department of public safety and that the applicant has not been convicted or adjudicated of any offense listed in 501—paragraph 2.1(5)“a.” Fingerprint check responses from these agencies must be dated not more than one year prior to the date of the receipt by the academy of the application to the council for certification. d. Council certification will be granted only where weapons proficiency is documented. Training in support of an application to the Iowa law enforcement academy council to carry weapons as a reserve peace officer shall have been accomplished not more than one year prior to the date of the receipt by the academy of the application to the council for certification. Failure to file the application within one year of the date of training shall require the officer to undergo weapons training anew. e. Interim certification to carry weapons may be granted by the chairperson of the council if all requirements for certification have been met by the reserve officer and certified by the appointing authority. All interim certifications to carry weapons shall then be brought before the council at the next regularly scheduled meeting in order that the council can approve or reject the reserve officer’s certification to carry weapons.501—10.6(80D) Reserve peace officers moving from agency to agency. A reserve peace officer who has been certified by the Iowa law enforcement academy council to carry weapons and who transfers from one Iowa law enforcement agency to another as a reserve officer without more than a 180-day break in service (affiliation) will not be required to undergo weapons certification training anew, provided that a completed application to carry weapons as a reserve officer for the new agency in compliance with Iowa Code section 80D.7 is filed with the academy within 180 days of the date of transfer. If firearms certification is requested, the application must show that the officer has fired qualifying rounds under the supervision of an academy-certified firearms instructor within 30 days of the date of application. The application shall further state that all training records for the officer have been transferred to the new agency.501—10.7(80D) Reserve peace officers in agencies under intergovernmental agreements. When jurisdictions enter into an intergovernmental agreement under the provisions of Iowa Code chapter 28E for the sharing of law enforcement services by those jurisdictions and sharing of reserve peace officers, the compliance of reserve peace officers with rule 501—10.1(80D) does not need to be reverified if the execution, filing and recording of the intergovernmental agreement conform to the requirements of Iowa law and a certified copy of the agreement is provided to the director of the academy. However, this exception from reverification does not apply to the establishment of a unified law enforcement district as defined in Iowa Code section 28E.21, wherein a new legal entity or political subdivision is established.501—10.8(80D) Reserve peace officers serving more than one agency. 10.8(1) A reserve peace officer who has previously met all the requirements of rule 501—10.1(80D) and who intends to move reserve peace officer status from one Iowa law enforcement agency to another Iowa law enforcement agency, or who intends to be a reserve peace officer for more than one Iowa law enforcement agency simultaneously, shall be of good moral character as determined by a thorough background investigation by the law enforcement agency, including but not limited to a fingerprint search conducted by the Iowa division of criminal investigation and the Federal Bureau of Investigation. If the results of the fingerprint file checks cannot reasonably be obtained prior to the time of appointment, the appointment shall be considered conditional until such time as the results are received and reviewed by the appointing agency. 10.8(2) Except as otherwise specified, the provisions of rule 501—10.1(80D) do not need to be verified upon the movement of reserve peace officer status from one Iowa law enforcement agency to another Iowa law enforcement agency or upon the reserve peace officer’s being appointed as a reserve peace officer by more than one Iowa law enforcement agency simultaneously, if the reserve peace officer met all of the requirements of rule 501—10.1(80D) when the person was initially appointed as a reserve peace officer and if, without a break of not more than 180 days from law enforcement service, the person is appointed as a reserve peace officer by another Iowa law enforcement agency. 10.8(3) A reserve peace officer who serves more than one Iowa law enforcement agency at the same time must be certified by the Iowa law enforcement academy council to carry weapons for each agency that the reserve officer serves in compliance with Iowa Code section 80D.7. It is not necessary for the officer to complete weapons training for each such agency, but all agencies shall maintain duplicate training records for the officer.501—10.9(80D) Minimum in-service training requirements. All certified reserve peace officers shall meet the following mandatory minimum in-service training requirements: 10.9(1) Firearms training. A certified reserve peace officer who is authorized to carry firearms must qualify with all duty firearms annually on a course of fire using targets approved by the Iowa law enforcement academy and must successfully fire a minimum score as established by the Iowa law enforcement academy, using targets approved by the academy under the supervision of an academy-certified firearms instructor. This subrule applies only to those reserve peace officers who are authorized to carry firearms by the officers’ appointing agency. 10.9(2) CPR certification required. Reserve peace officers shall maintain current course completion in cardiopulmonary resuscitation (CPR), automated external defibrillator (AED) and foreign body airway obstruction for all age groups according to national standards recognized by the Iowa law enforcement academy. 10.9(3) General training. In addition to the firearms training and CPR training requirements, a certified reserve peace officer must receive a minimum of 12 hours per year, or 36 hours every three years, of law enforcement-related in-service training. Whether training is law enforcement-related shall be determined by the employing agency administrator. 10.9(4) Mental health training. In addition to the requirements of subrules 10.9(1), 10.9(2) and 10.9(3), a certified reserve peace officer must receive mental health in-service training from a course of study approved by the Iowa law enforcement academy. a. Initial in-service training.Effective September 25, 2013, each certified reserve peace officer shall complete within one year a minimum of four hours of mental health training from a course of study approved by the Iowa law enforcement academy council. Successful completion of mental health first aid or crisis intervention (Memphis Model or similar model) training after January 1, 2011, shall satisfy the initial requirement. b. Annual in-service training.Effective September 25, 2013, each certified reserve peace officer shall complete a minimum of one hour per year, or four hours every four years, of mental health training from a course of study approved by the Iowa law enforcement academy council. This annual in-service training is separate from and in addition to any other in-service training requirements set forth in this chapter, including the initial in-service mental health training required. 10.9(5) De-escalation training. In addition to the requirements of subrules 10.9(1), 10.9(2), 10.9(3) and 10.9(4), a certified reserve peace officer must receive a minimum of four hours per year of training that includes all of the following topics: a. An emphasis on law enforcement officer understanding and respect for diverse communities and the importance of effective, noncombative methods of carrying out law enforcement activities in a diverse community. b. Instruction on diverse communities in order to foster mutual respect and cooperation between law enforcement and members of all diverse communities. c. An examination of the patterns, practices, and protocols that cause biased law enforcement actions, and the tools to prevent such actions. d. An examination and identification of key indices and perspectives that make up differences among residents in a local community. e. Instruction on implicit bias and consideration of the negative impact of bias, whether intentional or implicit, on effective law enforcement, including examination of how historical perceptions of profiling have harmed community relations. f. Instruction on the perspectives of diverse local constituency groups from experts on particular cultural and law enforcement-community relations issues in a local area. g. A presentation of the history and the role of the civil rights movement and the impact on law enforcement. h. Instruction on de-escalation techniques, including verbal and physical tactics to minimize the need for the use of force and nonlethal methods of applying force. 10.9(6) Training and in-service requirements for regular law enforcement officers who become certified reserve peace officers. a. An active certified regular law enforcement officer who also serves as a reserve peace officer or a certified regular law enforcement officer who retires or leaves active regular law enforcement and returns within 180 days to an Iowa law enforcement agency as a reserve peace officer needs no further training. b. Any individual who leaves an Iowa law enforcement officer position and becomes a certified reserve peace officer shall receive in-service training within one year of the individual’s appointment date as follows:Period Outside of Iowa Law Enforcement In-Service Training Required6 months to 12 months12 hoursMore than 12 months to 24 months24 hoursMore than 24 months to 36 months36 hoursMore than 36 months60 hoursThe subject matter of this training will be determined and approved by the law enforcement agency. 10.9(7) Agency responsibility for record keeping. It shall be the responsibility of the law enforcement agency administrator to ensure that in-service training records are regularly kept and maintained. The law enforcement administrator shall also ensure that these records are made available for inspection upon request by the Iowa law enforcement academy or its designee. a. In-service training records shall include the following: (1) The subject matter of the training; (2) The name of the instructor conducting the training; (3) The name of the individual who completed the training; (4) The number of credit hours received from the training; (5) The location where the training took place; and (6) The scores, if any, achieved by the reserve peace officer to show proficiency in or understanding of the subject matter to include qualifying range scores. b. It shall be the responsibility of law enforcement agency administrators to ensure that all certified reserve peace officers under their direction receive the minimum hours of in-service training required by these rules.501—10.10(80D) Reserve peace officers appointed prior to July 1, 2007—obtaining state certification. 10.10(1) A reserve peace officer enrolled in an approved minimum course of training prior to July 1, 2007, shall obtain state certification by July 1, 2012. Current reserve peace officers choosing not to be state-certified by examination or by module training established by the academy will continue to hold agency certification only and will not be recognized as reserve peace officers after July 1, 2012. 10.10(2) If a reserve peace officer appointed prior to July 1, 2007, with agency certification only transfers to another agency, the reserve peace officer will be considered a new reserve peace officer and will be subject to the 18-month training requirements for state certification.501—10.11(80D) Active law enforcement officer moving to reserve peace officer status. 10.11(1) An active law enforcement officer who has previously met all the requirements of rule 501—2.1(80B) and who intends to move to reserve peace officer status, or who intends to be a reserve peace officer for more than one Iowa law enforcement agency simultaneously, or who intends to be a reserve peace officer for an Iowa law enforcement agency while also working as an active law enforcement officer shall be of good moral character as determined by a thorough background investigation by the law enforcement agency, including but not limited to a fingerprint search conducted by the Iowa division of criminal investigation and the Federal Bureau of Investigation. If the results of the fingerprint file checks cannot reasonably be obtained prior to the time of appointment, the appointment shall be considered conditional until such time as the results are received and reviewed by the appointing agency. 10.11(2) Except as otherwise specified, the provisions of rule 501—10.1(80D) do not need to be verified upon the movement of active law enforcement officer status to reserve peace officer status or upon the officer’s being appointed as a reserve peace officer by more than one Iowa law enforcement agency simultaneously, or upon the officer’s being appointed as a reserve peace officer by one Iowa law enforcement agency while serving in active law enforcement status for another agency if the peace officer met all of the requirements of rule 501—2.1(80B) when the person was initially appointed as a peace officer and if, without a break of not more than 180 days from law enforcement service, the person is appointed as a reserve peace officer by another Iowa law enforcement agency.501—10.12(80D) Time frame—tolled. The time frame requirements for completion of any mandatory training are tolled during the period a reserve peace officer is called to active military service. These rules are intended to implement Iowa Code chapter 80D. ITEM 15. Amend subrule 11.4(2) as follows: 11.4(2) Recertification shall require one of two training courses depending uponwhether the salvage vehicle theft examiner’s experiencecertification has expired. a. Salvage vehicle theft examiners who have conducted 48 or more salvage vehicle theft examinations since their certification or recertification date are required to successfully complete a minimum four-hour salvage vehicle theft refresher course approved by the academyprior to the expiration of certification.The refresher course shall be completed no more than 30 days prior to the expiration of certification. b. Previously certified salvage vehicle theft examiners who have not conducted a minimum 48 or more salvage vehicle theft examinations since their certification or recertification datean expired certification must retake the initial12-hour in-person salvage vehicle theft examination course to be recertified. c. Recertification extensions. The council may grant a recertification extension of time for good cause. ITEM 16. Rescind rule 501—13.5(80B). ITEM 17. Renumber rule 501—13.6(80B) as 501—13.5(80B).ARC 5957CNatural Resource Commission[571]Notice of Intended ActionProposing rule making related to lifetime trout fishing license and providing an opportunity for public comment
The Natural Resource Commission (Commission) hereby proposes to amend Chapter 15, “General License Regulations,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 455A.5(6)“a” and 483A.1(1).State or Federal Law Implemented This rule making implements, in whole or in part, 2021 Iowa Acts, House File 234.Purpose and Summary Chapter 15 establishes hunting, fishing, and trapping license fees and governs license sales and refunds, among other topics. Iowa law requires most persons, whether residents or nonresidents, to obtain an applicable license and pay a fee prior to fishing, hunting, or trapping. 2021 Iowa Acts, House File 234 (signed into law on June 8, 2021), establishes a new lifetime trout fishing license for Iowa residents who are at least 65 years of age. Iowa Code section 483A.1 requires that all license fees be promulgated in rule. Accordingly, this proposed rule making adds this new license to Chapter 15 and establishes its $65 fee.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department of Natural Resources (Department) upon request. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request.Waivers This rule is subject to the waiver provisions of 571—Chapter 11. Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any. Public Comment Any interested person may submit written 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 October 26, 2021. Comments should be directed to: Joe Larscheid Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Phone: 515.201.3376 Email: joe.larscheid@dnr.iowa.gov Public Hearing A public hearing at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend the conference call should contact Joe Larscheid via email. A conference call number will be provided prior to the hearing. Persons who wish to make oral comments at the conference call public hearing must submit a request to Joe Larscheid prior to the hearing to facilitate an orderly hearing. October 26, 2021 12:30 to 1:30 p.m. Video/conference call Persons who wish to make oral comments at the public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Adopt the following new paragraph 15.12(1)"gg": gg. Lifetime trout fishing license — $65.ARC 5958CSecretary of State[721]Notice of Intended ActionProposing rule making related to election administration and voting and providing an opportunity for public comment
The Secretary of State hereby proposes to amend Chapter 21, “Election Forms and Instructions,” and Chapter 28, “Voter Registration File (I-VOTERS) Management,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 17A.4, 47.1 and 53.1A.State or Federal Law Implemented This rule making implements, in whole or in part, 2021 Iowa Acts, Senate File 413.Purpose and Summary This proposed rule making adds new rules and amends existing rules, including Iowa Code citations, in accordance with 2021 Iowa Acts, Senate File 413. This rule making makes necessary adjustments to accommodate for the implementation of a sure count deadline for absentee ballots; updates rules related to the use of Intelligent Mail barcode (IMb) Tracing to reflect its continued use for Safe at Home and Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) voters; provides for new rules regarding the issuance of technical infractions pursuant to Iowa Code section 39A.6; brings rules regarding the establishment of satellite voting locations into compliance with 2021 Iowa Acts, Senate File 413; creates rules regarding the establishment of drop boxes for voted absentee ballots; puts in place processes for utilizing reports provided by the electronic registration information center (ERIC); and outlines the requirements for voter list maintenance reports.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Secretary of State for a waiver of the discretionary provisions, if any, pursuant to 721—Chapter 10.Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Secretary of State no later than 4:30 p.m. on October 26, 2021. Comments should be directed to: Molly Widen Office of the Secretary of State Lucas State Office Building, First Floor 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.281.5864 Email: Molly.Widen@sos.iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend subrule 21.2(2) as follows: 21.2(2) Original absentee ballot applications. The original absentee ballot application submitted electronically shall also be mailed or delivered to the commissioner. If mailed, the envelope bearing the original absentee ballot application shall be postmarked not later than the voter registration deadline provided in Iowa Code section 48A.9 for the election for which the ballot is requested. This subrule shall not apply to documents submitted electronically by UOCAVA voters pursuant to rule 721—21.320(53).a. The voter’s absentee ballot shall be rejected by the absentee and special voters precinct board if the original absentee ballot application which was filed electronically is not received by the time the polls close on election day. b. The voter’s absentee ballot shall be rejected by the absentee and special voters precinct board if the postmark or Intelligent Mail barcode (IMb) on the envelope containing the original absentee ballot application is either illegible or later than the voter registration deadline provided in Iowa Code section 48A.9 for the election for which the ballot is requested. ITEM 2. Amend rule 721—21.12(47,53) as follows:721—21.12(47,53) Absentee ballot receipt deadline when the United States post office is closed on the deadline for receipt of absentee ballots. When the United States post office is closed in observance of a federal holiday and is not delivering mail on the deadline for receipt of absentee ballots as set forth in Iowa Code section 53.17sections 9E.6 and 53.44, the deadline to receive mailed absentee ballots that are determined to have entered the federal mail system timely, as indicated by the postmark or Intelligent Mail barcode (IMb) Tracing, shall move to the next business day on which mail delivery is available. This rule is intended to implement Iowa Code sections9E.6, 47.1, and 47.4 and sections 53.17 and 52.22 as amended by 2016 Iowa Acts, House File 2273, sections 11 to 1553.44. ITEM 3. Amend rule 721—21.14(53) as follows:721—21.14(53) Intelligent Mail barcode (IMb) Tracing. A commissioner may choose toshall use Intelligent Mail barcode (IMb) Tracing (IMb Tracing) to determine when an absentee ballot has entered into the federal mail system as an alternative to a traditional postmark verificationfor the purposes of Iowa Code sections 9E.6 and 53.44. 21.14(1) Notice to state commissioner of elections required. a. Prior to a commissioner’s implementation of IMb Tracing for an election, notice must be sent to the state commissioner. b. A commissioner may not implement or discontinue the use of IMb Tracing while an election is open once absentee ballots have been mailed pursuant to Iowa Code section 53.8. c. The state commissioner may issue a waiver to paragraph “b”21.14(1)“b” if a commissioner’s ability to use IMb Tracing is impacted by issues beyond the commissioner’s control. 21.14(2) Determining the eligibility of IMb-marked absentee ballots. An absentee ballot shall be counted once it is determined that the absentee ballot arrived in the federal mail system by the deadline specified in Iowa Code chapter 53sections 9E.6 and 53.44. The absentee ballot’s entry into the federal mail system may be verified either by a postmark or by information obtained through IMb Tracing. For absentee ballots received after election day, but before the official canvass: a. If the postmark or IMb Tracing information indicates that an absentee ballot was received by the deadline specified in Iowa Code chapter 53sections 9E.6 and 53.44, the ballot shall be included for canvass by the absentee and special voters precinct board (board). b. If the postmark is illegible, missing, or dated on or after election day, the commissioner shall attempt to verify the absentee ballot’s entry into the federal mail system by using the IMb Tracing information for the ballot. The commissioner shall provide all of the materials to the board. c. If there is a date discrepancy between the postmark and the IMb, the earlier of the two shall determine whether or not the absentee ballot can be counted. d. If neither the postmark nor the IMb indicate that the absentee ballot entered the federal mail system by the deadline specified in Iowa Code chapter 53sections 9E.6 and 53.44, the absentee ballot shall not be counted. e. The information provided by the commissioner to the board must contain the numeric value assigned to the IMb barcode and a full report from the United States Postal Service. f. A board member from each political party for partisan elections or two members from the board for nonpartisan elections shall review the IMb Tracing information provided by the commissioner and shall certify the information by initialing the envelope and report. g. If the board concludes that the IMb Tracing information verifies that the absentee ballot entered the federal mail system by the deadline specified in Iowa Code chapter 53sections 9E.6 and 53.44, the absentee ballot shall be counted. 21.14(3) Report to the state commissioner. A commissioner who makes use of IMb Tracing shall file a report with the state commissioner for each general election no later than the first day of December following each general election. The report shall be on a form prescribed by the state commissioner. This rule is intended to implement Iowa Code sections 53.17 and 53.22 as amended by 2016 Iowa Acts, House File 2273, sections 11 to 159E.6, 53.17A and 53.44. ITEM 4. Adopt the following new rule 721—21.100(39A):721—21.100(39A) Issuance of technical infractions. 21.100(1) If the state commissioner becomes aware of an apparent technical violation of a provision of Iowa Code chapters 39 through 53, the state commissioner may administratively provide a written notice and letter of instruction to the commissioner or other responsible person regarding proper compliance procedures. 21.100(2) If a commissioner becomes aware of an apparent technical violation of a provision of Iowa Code chapters 39 through 53, the commissioner shall notify the state commissioner in writing for review pursuant to rule 721—21.102(49). The commissioner shall administratively provide a written notice and letter of instruction to the responsible person regarding proper compliance procedures only if the commissioner has direct supervisory authority over the responsible person. 21.100(3) If the state commissioner sends a notice of such a technical infraction to a commissioner, the state commissioner may require a written explanation of the occurrence and the measures that the person took to redress the issues contained within the notice. 21.100(4) Upon the issuance of a technical infraction to a commissioner, the state commissioner shall also impose a fine not to exceed $10,000 to be deposited in the general fund. The state commissioner shall impose the fine based on the totality of the circumstances regarding the apparent technical violation of Iowa Code chapters 39 through 53. A commissioner’s party affiliation shall not be considered when determining the amount of a fine. The state commissioner may consider the number of technical infractions previously issued to a commissioner when determining the amount of a fine. The state commissioner shall provide an explanation of the amount of the fine in the written notice and letter of instruction. a. The commissioner shall pay a fine issued pursuant to Iowa Code section 39A.6, in full or file an appeal pursuant to chapter 17A within 60 days. The appeals process shall be the same process outlined in 721—Chapter 3. b. A commissioner who fails to pay a fine in full that was not dismissed pursuant to chapter 17A shall be suspended from office for a period not to exceed two years pursuant to Iowa Code sections 66.7 and 66.8. c. If a commissioner is suspended pursuant to Iowa Code section 39A.6, the state commissioner shall direct the deputy of the county commissioner to oversee the functions of the office until the suspension is revoked or the office is vacated and a successor is elected. The state commissioner may direct the state commissioner’s staff to assist in the performance of the duties of a suspended commissioner. 21.100(5) Upon issuing a technical infraction, the state commissioner shall immediately inform the attorney general and relevant county attorney if the apparent violation constitutes or may constitute election misconduct under this chapter. This rule is intended to implement Iowa Code section 39A.6. ITEM 5. Adopt the following new rule 721—21.103(39A):721—21.103(39A) Election misconduct—investigation. 21.103(1) The attorney general or county attorney shall investigate allegations of election misconduct reported to the attorney general or county attorney. Election misconduct by an election official shall also be investigated for prosecution under Iowa Code chapter 721. 21.103(2) Upon the completion of an investigation required by Iowa Code section 39A.7 as enacted by 2021 Iowa Acts, Senate File 413, the attorney general or county attorney shall submit the results of the investigation to the state commissioner in writing and explain whether the attorney general or county attorney will pursue charges. If the attorney general or county attorney will pursue charges, the attorney general or county attorney shall report the result of the final disposition of the case to the state commissioner. This rule is intended to implement Iowa Code section 39A.7 as enacted by 2021 Iowa Acts, Senate File 413. ITEM 6. Amend subrule 21.300(1) as follows: 21.300(1) Establishment of stations. Satellite absentee voting stations may be established by the county commissioner of elections or by a petition of eligible electors of the jurisdiction conducting the election. a. Satellite absentee voting stations established by the county commissioner.The county commissioner of elections may designate locations in the county for satellite absentee voting stations. Satellite absentee voting stations established by the commissioner shall be accessible to elderly and disabled voters. Satellite absentee voting stations must also be established so as to provide for voting in secret and ballot security. b. a. Satellite absentee voting stations established after receipt of a valid petition.A petition requesting a satellite absentee voting station shall be substantially in the form titled “Petition Requesting Satellite Absentee Voting Station” available on the state commissioner’s website. If the commissioner receives a petition requesting a satellite absentee voting station on or before the petition deadline set forth in Iowa Code section 53.11, the commissioner shall determine the validity of the petition within 24 hours. A petition requesting a satellite absentee voting station is valid if it contains signatures of not less than 100 eligible electors of the jurisdictioncounty conducting the electionwho are eligible to vote in the election that is the subject of the petition. Electors signing the petition must include their signature, house number, street, and date the petition was signed. Signatures on lines not containing all of the required information shall not be counted. The heading on each page of the petition shall include the satellite location requested and the election name or date for which the location is requested. Signatures on petition pages without the required heading shall not be counted. c. b. Mandatory rejection of certain satellite absentee voting stations.Otherwise valid petitions for satellite absentee voting stations shall be rejected within four days of the commissioner’s receipt of the petition if: (1) The site requested is not accessible to elderly and disabled voters, (2) The site requested has other physical limitations that make it impossible to meet the requirements for ballot security and secret voting, or (3) The owner of the site refuses permission to locate the satellite absentee voting station at the site requested on the petition., unless the site is required to serve as a polling place pursuant to Iowa Code section 49.21(2), or (4) After reasonable efforts, the commissioner is unable to sufficiently staff the satellite absentee voting station to ensure compliance with the laws of this state. d. c. Discretionary rejection of certain satellite absentee voting stations.Otherwise valid petitions for satellite absentee voting stations may be rejected within four days of the commissioner’s receipt of the petition if: (1) A petition is received requesting satellite voting for a city runoff election and a special election is scheduled to be held between the regular city election and a city runoff election., or (2) The owner of the site demands payment for its use, unless the site is required to serve as a polling place pursuant to Iowa Code section 49.21(2). d. Two or more satellite absentee voting petitions.If the commissioner receives valid petitions to establish two or more satellite absentee voting stations located within the same precinct, the commissioner may choose to establish a satellite absentee voting station at only one of the locations. e. Provision of ballots.Only ballots from the county in which the site is located may be provided at the satellite absentee voting station. Ballots must be provided for the precinct in which the satellite absentee voting station is located; however, it is not necessary to provide ballots from all of the precincts in the political subdivision for which the election is being conducted. ITEM 7. Amend rule 721—21.303(53) as follows:721—21.303(53) Mailing absentee ballots. The commissioner shall mail the following materials to each person who has requested an absentee ballot:- Ballot. The ballot that corresponds to the voter’s residence, as indicated by the residential address on the absentee ballot application.
- Public measure text. The full text of any public measures that are summarized on the ballot, but not printed in full.
- Secrecy envelope. Secrecy envelope, if the ballot cannot be folded to cover all of the voting ovals, as required by Iowa Code section 53.8(1).
- Affidavit envelope. The affidavit envelope, which shall be marked with the I-Voters-assigned sequence number used to identify the absentee request in the commissioner’s records.
- Return envelope. The return envelope, which shall be addressed to the commissioner’s office and bear appropriate return postage or a postal permit guaranteeing that the commissioner will pay the return postage and which shall be marked with the I-Voters-assigned sequence number used to identify the absentee request in the commissioner’s records. All domestic and UOCAVA return envelope flaps or backs shall also be printed or stamped with a notice in substantially the following form: “This ballot will only be eligible for counting if it is received by the auditor’s office before the polls close on election day or postmarked before election day and received by the deadline listed in the voting instructions included with this ballot. Postmarks are not guaranteed! Mail the ballot early to make sure it is received on time. Track the status of your absentee ballot at www.sos.iowa.gov.”
- Delivery envelope. The delivery envelope, which shall be addressed to the voter and bear the I-Voters-assigned sequence number used to identify the absentee request in the commissioner’s records. All other materials shall be enclosed in the delivery envelope.
- Instructions. Absentee voting instructions, which shall be in the form required by rule 721—22.250(52).
- Receipt. The receipt form required by Iowa Code section 53.3, which may be printed on the instructions required by numbered paragraph “7” above.
Rule making related to butchery innovation and revitalization loan program
The Economic Development Authority (IEDA) hereby rescinds Chapter 51, “Self-Employment Loan Program,” and adopts a new Chapter 51, “Butchery Innovation and Revitalization Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 15.106A and 2021 Iowa Acts, House File 857.State or Federal Law Implemented This rule making implements, in whole or in part, 2021 Iowa Acts, House File 857.Purpose and Summary 2021 Iowa Acts, House File 857, directs IEDA to establish and administer a Butchery Innovation and Revitalization Program. The program will provide grants to eligible businesses to expand, refurbish, or establish new meat processing businesses or for buildings, refrigeration facilities, freezer facilities, or equipment necessary to expand meat processing capacity. Eligible applicants are Iowa businesses that are licensed by the Iowa Department of Agriculture and Land Stewardship (IDALS) to process meat. The maximum amount of assistance that may be awarded to an eligible applicant is $50,000. Applications for the program will be scored by a review committee appointed by the Director of IEDA and the Secretary of Agriculture. As directed in 2021 Iowa Acts, House File 857, IEDA developed the program and the rules in consultation with IDALS staff. New Chapter 51 replaces current Chapter 51 relating to the Self-Employment Loan Program created pursuant to Iowa Code section 15.241, which was repealed by 2003 Iowa Acts, chapter 71, section 6.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 11, 2021, as ARC 5851C. Johnathan Hladik, on behalf of the Center for Rural Affairs, submitted comments suggesting the following:
Rule making related to the manufacturing 4.0 technology investment program
The Economic Development Authority (IEDA) hereby adopts a new Chapter 119, “Manufacturing 4.0 Technology Investment Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 15.106A and 15.371 as enacted by 2021 Iowa Acts, Senate File 619.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 15.371 as enacted by 2021 Iowa Acts, Senate File 619.Purpose and Summary Pursuant to 2021 Iowa Acts, Senate File 619, IEDA is establishing and will administer a Manufacturing 4.0 Technology Investment Program. The purpose of the program is to assist with projects intended to lead to the adoption of, and integration of, smart technologies into existing manufacturing operations located in the state. Eligible applicants are Iowa manufacturers that derive at least 51 percent of their revenue from the sale of manufactured goods, that have been operational for at least three years, and that have between 3 and 75 employees across all locations. The maximum amount of assistance that may be awarded to an eligible manufacturer is $75,000. Applications for the program will be scored on a competitive basis by IEDA staff and/or a technical review panel. The IEDA Board will approve, defer, or deny applications after reviewing staff and/or review panel recommendations. The program and rules were developed with feedback from the advanced manufacturing workgroup of the Iowa Innovation Council and the Center for Industrial Research and Service (CIRAS) at Iowa State University.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 28, 2021, as ARC 5792C. No public comments were received. The definition of “board” in rule 261—119.3(15) has been edited to be consistent with other rule chapters for IEDA and with Iowa Code chapter 15. Reason for Waiver of Normal Effective Date Pursuant to Iowa Code section 17A.5(2)“b”(1)(b), IEDA finds that the normal effective date of this rule making, 35 days after publication, should be waived and the rule making made effective on September 17, 2021, because the rules create a new financial assistance program for the benefit of Iowa manufacturers.Adoption of Rule Making This rule making was adopted by IEDA on September 17, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. IEDA is currently evaluating potential sources of state and federal funds for the program.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 IEDA for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making became effective on September 17, 2021. The following rule-making action is adopted:
ITEM 1. Adopt the following new 261—Chapter 119: CHAPTER 119MANUFACTURING 4.0 TECHNOLOGY INVESTMENT PROGRAM261—119.1(15) Authority. The authority for adopting rules establishing the manufacturing 4.0 technology investment program is provided in Iowa Code section 15.371 as enacted by 2021 Iowa Acts, Senate File 619.261—119.2(15) Purpose. The purpose of the manufacturing 4.0 technology investment program is to provide financial assistance to projects intended to lead to the adoption of, and integration of, smart technologies into existing manufacturing operations located in the state.261—119.3(15) Definitions. "Applicant" means a business applying for assistance under the program. "Authority" means the economic development authority created in Iowa Code section 15.105. "Authority’s website" means the information and related content found at www.iowaeda.com and may include integrated content at affiliate sites. "Board" means the members of the economic development authority appointed by the governor and in whom the powers of the authority are vested pursuant to Iowa Code section 15.105. "Eligible business" means a business meeting the requirements of rule 261—119.4(15). "Employee" means an individual filling a full-time equivalent job that is part of the payroll of the business receiving financial assistance under this program. “Employee” does not include a business’s part-time, leased, or contract employees. "Financial assistance" means assistance provided only from the funds, rights, and assets legally available to the authority and includes but is not limited to assistance in the form of grants, loans, forgivable loans, and royalty payments. "Full-time equivalent job" or "full-time" means the employment of one person:- For 8 hours per day for a five-day, 40-hour workweek for 52 weeks per year, including paid holidays, vacations and other paid leave; or
- The number of hours or days per week, including paid holidays, vacations and other paid leave, currently established by schedule, custom, or otherwise, as constituting a week of full-time work for the kind of service an individual performs for an employing unit, provided that the number of hours per week is at least 32 hours per week for 52 weeks per year including paid holidays, vacations, and other paid leave.
Rule making related to funds for the empower rural Iowa program
The Economic Development Authority (IEDA) hereby adopts Chapter 222, “Empower Rural Iowa Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in 2021 Iowa Acts, House File 871.State or Federal Law Implemented This rule making implements, in whole or in part, 2021 Iowa Acts, House File 871, section 3.Purpose and Summary The Empower Rural Iowa Initiative was created by Executive Order Number 3 dated July 18, 2018, which directs IEDA to provide staffing and administrative assistance for the initiative and its associated task forces. Pursuant to 2021 Iowa Acts, House File 871, $700,000 is appropriated to IEDA for the Empower Rural Iowa Program and IEDA is directed to adopt rules to establish criteria for the distribution of the appropriated funds. The new Chapter 222 outlines uses of the funds appropriated by 2021 Iowa Acts, House File 871, including the Rural Housing Needs Assessment Grant Program administered pursuant to Chapter 220 and the Rural Innovation Grant Program administered pursuant to Chapter 221. The new chapter also allows funds to be used for other priorities identified and published by the task forces associated with the Empower Rural Iowa Initiative.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 28, 2021, as ARC 5789C. No public comments were received. No changes from the Notice have been made.Reason for Waiver of Normal Effective Date Pursuant to Iowa Code section 17A.5(2)“b”(1)(b), IEDA finds that the normal effective date of this rule making, 35 days after publication, should be waived and the rule making made effective on September 17, 2021, because the rules provide a source of funding for existing financial assistance programs as well as other priorities of the task forces associated with the Empower Rural Iowa Initiative. These uses of funds will benefit rural communities in Iowa and their residents.Adoption of Rule Making This rule making was adopted by IEDA on September 17, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa 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 IEDA for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making became effective on September 17, 2021. The following rule-making action is adopted:
ITEM 1. Adopt the following new 261—Chapter 222: CHAPTER 222EMPOWER RURAL IOWA PROGRAM261—222.1(89GA,HF871) Purpose. The empower rural Iowa initiative was created by Executive Order Number 3 dated July 18, 2018, which directs the authority to provide staffing and administrative assistance for the initiative and its associated task forces. Pursuant to 2021 Iowa Acts, House File 871, the authority is directed to adopt rules to establish criteria for the distribution of funds appropriated in section 3, subsection 11, of the legislation to the empower rural Iowa program.261—222.2(89GA,HF871) Definitions. As used in this chapter, unless the context otherwise requires: "Authority" means the economic development authority created in Iowa Code section 15.105. "Director" means the director of the authority. "Empower rural Iowa initiative" "initiative" means the initiative created by Executive Order Number 3 dated July 18, 2018. "Rural community" means either an Iowa city with a population of 20,000 or less and that is not contiguous to a city with a population of 40,000 or greater, or an Iowa county that is one of the 88 least populous counties in the state.261—222.3(89GA,HF871) Eligible uses of funds. 222.3(1) Funds appropriated to the authority for the empower rural Iowa program shall be used to address the challenges and opportunities of rural communities. Uses of funds shall be approved by the director. 222.3(2) Eligible uses of funds include the following: a. The rural housing needs assessment grant program administered pursuant to 261—Chapter 220; b. The rural innovation grant program administered pursuant to 261—Chapter 221; c. Support for entrepreneurship and cooperative business models for businesses in rural communities; d. Leadership development training for representatives of rural communities; e. Education and training opportunities relating to succession planning for businesses in rural communities; f. Promotion of e-commerce opportunities for businesses in rural communities; and g. Implementation of additional recommendations published by the investing in rural Iowa task force, the growing rural Iowa task force, and the connecting rural Iowa task force created by the empower rural Iowa initiative and administered by the authority. These rules are intended to implement 2021 Iowa Acts, House File 871. [Filed Emergency After Notice 9/17/21, effective 9/17/21][Published 10/6/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/6/21.ARC 5933CIowa Finance Authority[265]Filed Emergency After NoticeRule making related to local housing trust fund allocation plan
The Iowa Finance Authority hereby amends Chapter 19, “State Housing Trust Fund,” Iowa Administrative Code. Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 16.5.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 16.181 and 2021 Iowa Acts, Senate File 619.Purpose and Summary This rule making updates Chapter 19 to incorporate by reference amendments to the trust fund allocation plan (the “allocation plan”) for the Local Housing Trust Fund Program. 2021 Iowa Acts, Senate File 619, increases the amount of real estate transfer taxes that may be transferred into the State Housing Trust Fund (the “Fund”) from $3 million to $7 million. Iowa Code section 16.181 requires that a Local Housing Trust Fund provide a local match that is approved by the Authority, but does not specify the amount of match. The allocation plan currently requires that Local Housing Trust Funds provide a match of 25 percent of the amount requested from the Fund. Awards are made to eligible Local Housing Trust Funds based upon a formula. If the local match requirement were left unchanged, several Local Housing Trust Funds, particularly those serving rural areas, may find it extremely difficult to meet the local match requirement. The Authority is reducing the local match requirement in FY 2022 and plans to gradually step it back up to 25 percent by FY 2025. The Authority is also adopting amendments to update the Authority’s website address and strike an outdated requirement to deposit program applications and related documents with the Administrative Rules Coordinator and at the State Law Library. The Authority is striking this last requirement because it is not required by statute and does not conform with current program practice.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 28, 2021, as ARC 5793C. The Authority received comments from Local Housing Trust Funds. The comments were supportive of the amendments overall while requesting a further reduction in the local match rate for FY 2022. Local Housing Trust Funds noted that, in many cases, the local match is provided by county governments whose budgets were set prior to the passage of 2021 Iowa Acts, Senate File 619. Consequently, it would be very difficult for the Local Housing Trust Funds to raise the additional local match for this fiscal year. In response, the Authority has lowered the effective local match rate to 15 percent for FY 2022 and will maintain the schedule proposed for state FY 2023 to 2025. This rule making has been updated from the Notice to identify the date of the Local Housing Trust Fund allocation plan, which is incorporated by reference in Chapter 19. The allocation plan has been updated to reflect a lower effective local match rate for FY 2022. However, this change is not incorporated in this rule making because the plan is incorporated by reference. Reason for Waiver of Normal Effective Date Pursuant to Iowa Code section 17A.5(2)“b”(1)(b), the Authority finds that the normal effective date of this rule making, 35 days after publication, should be waived and the rule making made effective on September 13, 2021, because these amendments confer a benefit on the Local Housing Trust Funds that are awarded funds and on the Iowans they serve. These amendments make it more likely that Local Housing Trust Funds will be able to meet the increased local match requirement in the coming years and fully utilize the funding that is available to develop and preserve decent, safe, and affordable housing throughout Iowa.Adoption of Rule Making This rule making was adopted by the Authority on September 8, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. 2021 Iowa Acts, Senate File 619, increases by up to $4 million the amount of real estate transfer taxes transferred into the State Housing Trust Fund. Jobs Impact After analysis and review of this rule making, this rule making may have a positive impact on employment in Iowa, creating jobs in the construction industry. Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 265—Chapter 18. 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 September 13, 2021. The following rule-making action is adopted:
ITEM 1. Amend 265—Chapter 19 as follows: CHAPTER 19STATE HOUSING TRUST FUND265—19.1(16) Trust fund allocation plans. The trust fund allocation plan entitled Iowa Finance Authority State Housing Trust Fund Allocation Plan for the Local Housing Trust Fund Program dated March 2019September 2021 shall be the allocation plan for the award, pursuant to the local housing trust fund program, of funds held within the state housing trust fund established in Iowa Code section 16.181. The trust fund allocation plan entitled Iowa Finance Authority State Housing Trust Fund Allocation Plan for the Project-Based Housing Program dated June 2009 shall be the allocation plan for the distribution, pursuant to the project-based housing program, of funds held within the state housing trust fund. The trust fund allocation plans for the local housing trust fund program and the project-based housing program include the plans, applications, and application instructions. The trust fund allocation plans for the local housing trust fund program and the project-based housing program are incorporated by reference pursuant to Iowa Code section 17A.6 and 265—subrules 17.4(2) and 17.12(2).265—19.2(16) Location of copies of the plans. The trust fund allocation plans for the local housing trust fund program and the project-based housing program may be reviewed and copied in their entirety on the authority’s Web sitewebsite at www.iowafinanceauthority.govwww.iowafinance.com. Copies of the trust fund allocation plans for the local housing trust fund program and the project-based housing program, the applications, and all related attachments and exhibits, if any, shall be deposited with the administrative rules coordinator and at the state law library. The plans incorporate by reference Iowa Code section 16.181. These rules are intended to implement Iowa Code Supplement sections 16.5(1)“r” and 16.181. [Filed Emergency After Notice 9/13/21, effective 9/13/21][Published 10/6/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/6/21.ARC 5955CAging, Department on[17]Adopted and FiledRule making related to waivers
The Department on Aging hereby amends Chapter 1, “Introduction, Abbreviations and Definitions,” and Chapter 11, “Waivers or Variances from Administrative Rules,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 17A.3 and 231.14.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 2020 Iowa Acts, House File 2389, made several changes to agency rule-making requirements. Section 10 of the legislation modified the requirements for waiver or variance of rules by agencies by striking references to variances. This adopted rule making brings the Department into compliance with the changes to Iowa Code section 17A.9A.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 28, 2021, as ARC 5791C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Commission on Aging on September 9, 2021.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 17—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 November 10, 2021. The following rule-making actions are adopted:
ITEM 1. Amend rule 17—1.1(231) as follows:17—1.1(231) Authority and purpose. The rules of the Iowa department on aging are based on the authority of Iowa Code chapters 231, 231E, 235B and 249H. These rules prescribe requirements:- That agencies shall meet to receive grants under the Older Americans Act and other funds administered through the Iowa department on aging;
- For planning, administration and service delivery for the department as well as the area agencies on aging;
- Of the department’s fiscal policy;
- To request waivers or variances from administrative rules;
- For monitoring, complaint investigation and penalties for programs under the department’s jurisdiction; and
- For operation, administration and planning of the long-term care resident’s advocate/ ombudsman office and other entities under the department’s purview which assist in ensuring quality care and protection of Iowa’s older individuals.
Rule making related to the all Iowa opportunity scholarship program
The College Student Aid Commission hereby amends Chapter 8, “All Iowa Opportunity Scholarship Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 261.3.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 261; 2021 Iowa Acts, Senate File 285; and 2021 Iowa Acts, House File 868.Purpose and Summary This rule making implements amendments enacted by 2021 Iowa Acts, Senate File 285, to allow a scholarship recipient to suspend enrollment for a period not to exceed two years in the event of military deployment or temporary medical incapacity, in relation to a national or state declaration of emergency or volunteer service or missionary work, or other exceptional circumstances approved by the Commission. This rule making also implements amendments enacted by 2021 Iowa Acts, House File 868, by adding stepchildren to each category in the definition of “eligible surviving-child student.” In addition, a new category is added to the definition of “eligible surviving-child student” to provide priority scholarship eligibility to children or stepchildren of an employee of the Iowa Department of Corrections or of a judicial district department of correctional services who was killed in the line of duty.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 11, 2021, as ARC 5854C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Commission on September 17, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any, pursuant to 283—Chapter 7.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 November 10, 2021. The following rule-making actions are adopted:
ITEM 1. Amend rule 283—8.2(261), definition of “Eligible surviving-child student,” as follows: "Eligible surviving-child student" means a person who is not a convicted felon as defined in Iowa Code section 910.15 and who meets any of the following criteria:- Is the childor stepchild of a peace officer, as defined in Iowa Code section 97A.1, who was killed in the line of duty as determined by the board of trustees of the Iowa department of public safety peace officers’ retirement, accident, and disability system in accordance with Iowa Code section 97A.6(16).
- Is the childor stepchild of a police officer or fire fighter, as defined in Iowa Code section 411.1, who was killed in the line of duty as determined by the statewide fire and police retirement system in accordance with Iowa Code section 411.6(15).
- Is the childor stepchild of a sheriff or deputy sheriff, as defined in Iowa Code section 97B.49C, who was killed in the line of duty as determined by the Iowa public employees’ retirement system in accordance with Iowa Code section 97B.52(2).
- Is the childor stepchild of a fire fighter or police officer included under Iowa Code section 97B.49B, who was killed in the line of duty as determined by the Iowa public employees’ retirement system in accordance with Iowa Code section 97B.52(2).
- Is the child or stepchild of an employee of the Iowa department of corrections, or of a judicial district department of correctional services, who was killed in the line of duty.
Rule making related to health care professional recruitment program
The College Student Aid Commission hereby amends Chapter 14, “Health Care Professional Recruitment Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 261.3.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 261 and 2021 Iowa Acts, House File 196.Purpose and Summary This rule making implements amendments enacted by 2021 Iowa Acts, House File 196. House File 196 expands loan repayment eligibility to health professionals who graduate from Iowa Regents universities and Iowa private colleges and universities, and who agree to practice in rural Iowa. In addition, House File 196 includes athletic trainers and occupational therapists as eligible health care professionals. This rule making also provides a definition of “eligible rural community,” a term that is consistently used in programs administered by the Commission; implements criteria to prioritize awards in the event that funding is not sufficient to award all new applicants; and ensures that recipients do not receive awards in other loan repayment programs administered by the Commission.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 11, 2021, as ARC 5855C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Commission on September 17, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any, pursuant to 283—Chapter 7.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 November 10, 2021. The following rule-making actions are adopted:
ITEM 1. Rescind 283—Chapter 14, preamble. ITEM 2. Amend rule 283—14.1(261), definitions of “Eligible rural community” and “Health care professional,” as follows: "Eligible rural community" means a medically underserved rural Iowa community which agrees to match state funds on at least a dollar-for-dollar basis for the loan repayment of a health care professional who practices in the communitycity with a population of less than 26,000 that is located more than 20 miles from a city with a population of 50,000 or more. Locations and distances between cities will be consistently measured and verified by calculating the shortest travel distance on paved roads. "Health care professional" means an individual who holds a practitioner’s license issued by an agency or board under the Iowa department of public health and is employed as aan athletic trainer, occupational therapist, physician, physician assistant, podiatrist, or physical therapist. ITEM 3. Adopt the following new definitions of “Eligible institution” and “Matching funds” in rule 283—14.1(261): "Eligible institution" means an institution of higher learning governed by the state board of regents or an accredited private institution as defined in Iowa Code section 261.9. Eligible institutions seeking to participate must complete an application provided by the commission and agree to place health care professionals in eligible rural communities. "Matching funds" means at least a dollar-for-dollar loan repayment match to the state health care professional recruitment program award. ITEM 4. Amend rule 283—14.2(261) as follows:283—14.2(261) Health care professional loan repayment program. 14.2(1) Recruitment. The universityeligible institution shall recruit and place health care professionals in eligible rural communities that agree to provide matching funds forcommunicate the availability of the health care professional loan repayment programto current students training to become health care professionals and alumni who are health care professionals.The commission will ensure, to the extent possible, that an equal number of new agreements are available to health care professionals in each occupation category. Selection of new applicants within each occupation category will be prioritized as follows: a. Students in their final year of a degree program leading to a license to practice as a health care professional; b. The most recent graduates of a degree program leading to a license to practice as a health care professional, with the most recent academic year graduates given priority; c. Date of application. 14.2(2) Health care professional service requirement. The health care professional service requirement for the health care professional loan repayment program is four years. The health care professional must annually verify, in a format acceptable to the commission, that the health care professional practiced in an eligible rural community for 12 consecutive months for each year of required service. An award will be prorated based on the months of service provided in a state fiscal year if less than 12 months.An award will also be prorated if the individual is employed on a less than full-time basis. 14.2(3) Award. The health care professional may receive up to $50,000 in state-funded repayment benefits when aan eligible rural community agrees to fund matching benefitsprovide matching funds of an equal or greater amount.At least a dollar-for-dollar match must be provided. Matching funds from an eligible rural community totaling less than $50,000 will result in an equally lower state health care professional recruitment program award. 14.2(4) Eligible loans. Eligible loans include subsidized and unsubsidized Stafford loans, Grad PLUS loans and consolidated loans. Only the outstanding portion of a Federal Consolidation Loan that was used to repay an eligible subsidized or unsubsidized Federal Stafford Loan, an eligible Direct Subsidized Loan, an eligible Direct Unsubsidized Loan, or an eligible Grad PLUS Loan qualifies for loan repayment. A health care professional who receives loan repayment under this program and who refinances an eligible loan by obtaining a private educational loan may continue to receive loan repayment awards. 14.2(5) Disbursement. The commission shall disburse the loan payment to the health care professional’s loan holder in return for completion of the service requirements in an eligible rural community. 14.2(6) Restrictions. A recipient of a loan repayment award under Iowa Code section 261.113, 261.114, or 261.115 shall not be eligible for an award under this chapter.A health care professional who is in default on a Stafford loan, SLS loan, Grad PLUS loan, or a Perkins/National Direct/National Defense student loan or who owes a repayment on any Title IV grant assistance or state award shall be ineligible for repayment benefits. Eligibility for state aid may be reinstated upon payment in full of the delinquent obligation or by commission ruling on the basis of adequate extenuating evidence presented in appeal under the procedures set forth in 283—Chapter 5, Iowa Administrative Code. 14.2(7) Repayment. a. If loan repayment funds are applied prior to the health care professional’s completion of the service requirement and the health care professional fails to complete the service requirement, repayment shall begin 30 days following termination of practice in an eligible rural community. b. The commission shall prorate the award balance based on the months of service provided. c. The health care professional shall repay the prorated balance of the loan repayment benefits and accrued interest at 12 percent per annum. Interest shall accrue on the unpaid principal balance of each loan from the effective date of the loan repayment agreement until the loan is paid in full. d. The prorated balance owed by the health care professional must be paid in full within three years from the date the service ends. [Filed 9/17/21, effective 11/10/21][Published 10/6/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/6/21.ARC 5964CCollege Student Aid Commission[283]Adopted and FiledRule making related to approval of postsecondary schools
The College Student Aid Commission hereby amends Chapter 21, “Approval of Postsecondary Schools,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 261.3 and 261B.3.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 261 and 261B and 2021 Iowa Acts, House File 644.Purpose and Summary This rule making implements amendments enacted by 2021 Iowa Acts, House File 644, sections 1 and 2. House File 644 authorizes the Commission to utilize funding in the postsecondary registration fund to assist Iowans who are negatively impacted by a precipitous school closure. This rule making provides a definition of “school closure,” defines the types of assistance the Commission can provide in the event of a school closure, clarifies student eligibility for assistance, and establishes the claim, approval, and awarding processes for eligible students. In addition, this rule making makes technical amendments to ensure the authorization duties associated to exempt schools are clarified in rule.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 11, 2021, as ARC 5852C. No public comments were received. One change from the Notice has been made to correct an incorrect cross-reference in subrule 21.16(3) in Item 4. Adoption of Rule Making This rule making was adopted by the Commission on September 17, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any, pursuant to 283—Chapter 7.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 November 10, 2021. The following rule-making actions are adopted:
ITEM 1. Amend rule 283—21.1(261B,261G) as follows:283—21.1(261B,261G) Postsecondary registration, exemption from registration, and participation in the commission-approved reciprocity agreement. The college student aid commission examines college and university applications for registration to operate in Iowaor authorization to operate under an exemption from registration and monitors schools approved by the commission to operate in the state. The commission also examines Iowa college and university applications for participation in an interstate reciprocity agreement under which the commission is an approved participant. ITEM 2. Amend rule 283—21.2(261B,261G), definition of “School,” as follows: "School" means a postsecondary educational institution that applies to register or is currently registered to offer all or a portion of a program in Iowa, or applies to operate or is operating under an approved exemption from registration, under Iowa Code chapter 261B. “School” also means a postsecondary educational institution that is seeking to participate in the commission’s approved interstate reciprocity agreement under Iowa Code chapter 261G or that is a “participating resident institution” as defined in Iowa Code section 261G.2. A postsecondary educational institution that maintains a physical location outside of the state of Iowa and that must register under Iowa Code chapter 261B to operate at a physical location in this state is not a school that is eligible to participate in the commission’s approved interstate reciprocity agreement under Iowa Code chapter 261G. ITEM 3. Adopt the following new definition of “School closure” in rule 283—21.2(261B,261G): "School closure" means a precipitous or abrupt closure of a school during a semester, school period, or term of enrollment that leaves students without an option to complete the courses or program they started and with no ability to receive credit. ITEM 4. Adopt the following new rule 283—21.16(261B,261G):283—21.16(261B,261G) School closures. In the event of a school closure, the commission may use unobligated funds from the postsecondary registration fund, pursuant to Iowa Code section 261B.8, to assist impacted eligible students. 21.16(1) Student eligibility. The provisions of this rule apply to Iowa resident students who were enrolled in a postsecondary educational program that leads to a recognized educational credential or were on an approved leave of absence when the school abruptly closed. 21.16(2) Assistance to impacted eligible students. The commission may provide the following forms of assistance to eligible students impacted by a school closure: a. Procure, evaluate, and store records needed to establish the validity of claims against a school for failure to faithfully perform all contracts and agreements. b. Pay institutional charges on behalf of Iowans who enrolled at the school. c. Support an arrangement in which the school provides its current students with the opportunity to complete the students’ courses of study after the school closes, including any activities designed to facilitate the transition of such students to another postsecondary educational institution. d. Pay private educational loan debt incurred by Iowans for attendance at the school during the enrollment term that the college closes. e. Reimburse Iowans who enrolled at the school for other financial loss, as determined by the commission. 21.16(3) Claims process. An eligible student making a claim for reimbursement under paragraph 21.16(2)“b,”“d,” or “e” must contact the commission for a claim form and provide the following supporting information and documentation: a. Proof of enrollment at the time of school closing. b. Proof of attendance at the time of school closing. c. Proof of Iowa residency at the time of school closing. d. Proof of payment of private educational loan debt, tuition, fees, or other financial loss as determined by the commission. e. Any other documentation to support a student’s claim of enrollment, attendance, or payment. 21.16(4) Approval process. The commission will review a claim and the supporting information and documentation submitted by each eligible student seeking reimbursement under this rule. The commission may delay approval of claims for a period not to exceed one year to ensure all claims related to a school closure are received. 21.16(5) Awarding of approved claims. a. All claims for reimbursement shall be submitted and approved within one year of the date of the school closure. b. Claims for reimbursement will first be made against the school’s surety bond. c. If the school’s surety bond is insufficient to provide reimbursement to all approved claims, the postsecondary registration fund, pursuant to Iowa Code section 261B.8, may be used to reimburse any remaining approved claims.In no case will the total approved claims related to a single school closure exceed one‑half of the unobligated balance in the postsecondary registration fund pursuant to Iowa Code section 261B.8. If the postsecondary registration fund is insufficient to cover the full amount of all approved claims, the commission shall develop a method of allocating the funds. 21.16(6) Appeal process. The procedures set forth in 283—Chapter 4 will be followed in the event of an appeal to a decision by the commission. [Filed 9/17/21, effective 11/10/21][Published 10/6/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/6/21.ARC 5965CCollege Student Aid Commission[283]Adopted and FiledRule making related to rural Iowa primary care loan repayment program
The College Student Aid Commission hereby amends Chapter 24, “Rural Iowa Primary Care Loan Repayment Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 261.3.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 261 and 2021 Iowa Acts, Senate File 129.Purpose and Summary This rule making implements amendments enacted by 2021 Iowa Acts, Senate File 129. Senate File 129 adds OB-GYN as an eligible specialty and expands the eligible practice areas for psychiatrists. In addition, the legislation allows the Commission to amend the service agreement upon request of the recipient to allow the individual to work on a part-time basis.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 11, 2021, as ARC 5853C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Commission on September 17, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any, pursuant to 283—Chapter 7.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 November 10, 2021. The following rule-making actions are adopted:
ITEM 1. Amend rule 283—24.2(261), definitions of “Physician” and “Service commitment area,” as follows: "Physician" means an individual who holds a practitioner’s license issued by an agency or board under the Iowa department of public health and is employed in the practice of medicine and surgery or osteopathic medicine and surgery, specializing in family medicine, pediatrics, psychiatry, internal medicine,obstetrics and gynecology, or general surgery. "Service commitment area" means a medically underserved Iowa city with a population of less than 26,000 that is located more than 20 miles from a city with a population of 50,000 or more. Each physician participating in the program must contract with the service commitment area to ensure the service commitment area provides a nonrefundable $20,000 contribution for deposit in the rural Iowa primary care trust fund. Payment of the nonrefundable contribution to the trust fund can be made by, but is not limited to, the following organizations: community agencies, hospitals, medical groups, municipalities, community foundations, local government entities, or other community entities. Locations and distances between cities will be consistently measured and verified by calculating the shortest travel distance on paved roads.which provides a nonrefundable contribution for each physician in the community who is participating in the rural Iowa primary care loan repayment program and which meets any of the following conditions:- Is a city within a federal mental health shortage area, as designated by the Health Resources and Services Administration of the United States Department of Health and Human Services, if the physician participating in the rural Iowa primary care loan repayment program specializes in psychiatry.
- Is a city with a population of less than 26,000 that is located more than 20 miles from a city with a population of 50,000 or more. Locations and distances between cities will be consistently measured and verified by calculating the shortest travel distance on paved roads.
Rule making related to National Guard master’s degree scholarship program
The College Student Aid Commission hereby adopts new Chapter 29, “Iowa National Guard Master’s Degree Scholarship Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 261.3.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 261 and 2021 Iowa Acts, House File 428.Purpose and Summary This rule making implements provisions related to providing scholarships to members of the National Guard who are enrolled in certain master’s degree programs as enacted by 2021 Iowa Acts, House File 428. In the event that the Adjutant General authorizes the expenditure of unencumbered or unobligated funds from Iowa Code section 261.86(6) to provide scholarship awards for the recruitment or retention of individuals who are pursuing completion of science, technology, engineering, and mathematics master’s degree programs, the Iowa National Guard and Commission will utilize this new chapter to guide the administration of those benefits.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 11, 2021, as ARC 5856C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Commission on September 17, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any, pursuant to 283—Chapter 7.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 November 10, 2021. The following rule-making action is adopted:
ITEM 1. Adopt the following new 283—Chapter 29: CHAPTER 29IOWA NATIONAL GUARD MASTER’S DEGREE SCHOLARSHIP PROGRAM283—29.1(261) Scholarships to Iowa national guard members for master’s degree studies at eligible Iowa institutions. In the event that the adjutant general authorizes the expenditure of unencumbered or unobligated funds from Iowa Code section 261.86(6) for the recruitment or retention of individuals by providing a scholarship award to an eligible member of the Iowa national guard, this chapter shall be used to administer authorized scholarships. The adjutant general shall select program recipients and authorize scholarship awards under this chapter. The decision of the adjutant general is final. 29.1(1) Definitions. As used in this chapter: "Eligible program of study" means a master’s degree program in science, technology, engineering, and mathematics-related military occupational specialties or air force specialty codes that is in compliance with the federal Edith Nourse Rogers STEM scholarship program established under 38 United States Code §3320. "Federal active duty" means military duty performed pursuant to orders issued under Title 10, United States Code, other than for training. "State-defined payment period" means one of six payment terms and corresponding deadlines as defined by the college student aid commission. 29.1(2) Eligible guard member. A recipient must: a. Be a resident of Iowa, as defined by the adjutant general of Iowa, and a member of an Iowa army or air national guard unit throughout each term for which the member receives benefits. b. Have satisfactorily completed required guard training. c. Have maintained satisfactory performance of guard duty. d. Have applied to the adjutant general of Iowa for program eligibility by the established application deadline date(s) by completing the Free Application for Federal Student Aid (FAFSA) and any other application form required. The adjutant general shall accept an application from an eligible member of the Iowa national guard who was on federal active duty at the time of an application deadline if the application is received within 30 days after the eligible member returns to Iowa from federal active duty. The applicant will be considered for funding for the state-defined payment period in which the application was received and any future state-defined payment periods in that academic year. e. Be pursuing an eligible program of study at an institution of higher education governed by the state board of regents or an accredited private institution or eligible institution located in Iowa that meets all eligibility requirements set forth in Iowa Code section 261.9. f. Be maintaining satisfactory academic progress. g. Have been offered the scholarship incentive either: (1) In the military entrance process, or (2) Within the final year of the service member’s initial contract obligation, if the individual signs a six-year extension. 29.1(3) Selection criteria. The adjutant general will select eligible guard members to receive the scholarship benefit. Neither eligibility nor scholarship award determinations shall be based upon an eligible guard member’s unit, the location at which drills are attended, or whether the eligible guard member is a member of the Iowa army or air national guard. 29.1(4) Award limitations. Awards may be used for tuition and fees; room and board; books, supplies, transportation and personal expenses; dependent care; and disability-related expenses. Individual award amounts shall be determined by the adjutant general and shall neither be less than an amount equal to 50 percent of the resident tuition rate established for students attending the eligible program of study at regent institutions nor exceed the amount of the resident tuition rate established for students attending the eligible program of study at regent institutions. 29.1(5) Restrictions. An eligible guard member may receive the scholarship award for no more than 36 semester credit hours, or the equivalent, of graduate degree study. All credit hours applicable to the eligible program of study in a term of enrollment in which a scholarship was received must be reported to the commission within the state-defined payment period. 29.1(6) Verification and compliance. a. The adjutant general will notify the commission of all eligible guard members. Changes in member eligibility will be sent to the commission within 30 days of the change. b. The commission will notify eligible Iowa colleges and universities of guard member eligibility. c. The commission will coordinate the collection and dissemination of eligibility and enrollment information received from the adjutant general and colleges and universities. d. The institution’s financial aid administrator will be responsible for completing academic progress enrollment verifications and for coordinating other aid to ensure compliance with student eligibility requirements and allowable award amounts. Colleges and universities will report changes in student enrollment to the commission within 30 days after the last day of the enrollment period. This rule is intended to implement 2021 Iowa Acts, House File 428. [Filed 9/17/21, effective 11/10/21][Published 10/6/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/6/21.ARC 5969CCollege Student Aid Commission[283]Adopted and FiledRule making related to National Guard student loan repayment program
The College Student Aid Commission hereby adopts new Chapter 30, “Iowa National Guard Student Loan Repayment Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 261.3.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 261 and 2021 Iowa Acts, House File 428.Purpose and Summary This rule making implements a new loan repayment program enacted by 2021 Iowa Acts, House File 428. In the event that the Adjutant General authorizes the expenditure of unencumbered or unobligated funds from Iowa Code section 261.86(6) to issue loan repayment awards for the recruitment or retention of individuals who have completed or are pursuing completion of science, technology, engineering, and mathematics programs of study, the Iowa National Guard and Commission will utilize this chapter to guide the administration of those benefits.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 11, 2021, as ARC 5857C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Commission on September 17, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any, pursuant to 283—Chapter 7.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 November 10, 2021. The following rule-making action is adopted:
ITEM 1. Adopt the following new 283—Chapter 30: CHAPTER 30IOWA NATIONAL GUARD STUDENT LOAN REPAYMENT PROGRAM283—30.1(261) Loan repayment awards to Iowa national guard members. In the event that the adjutant general authorizes the expenditure of unencumbered or unobligated funds from Iowa Code section 261.86(6) for the recruitment or retention of individuals by issuing student loan repayment awards to an eligible member of the Iowa national guard, this chapter shall be used to administer authorized awards. The adjutant general shall select program recipients and authorize awards under this chapter. 30.1(1) Definitions. As used in this chapter: "Eligible program of study" means a program of study in science, technology, engineering, and mathematics-related military occupational specialties or air force specialty codes that is in compliance with the federal Edith Nourse Rogers STEM Scholarship program established under 38 United States Code §3320. "Federal active duty" means military duty performed pursuant to orders issued under Title 10, United States Code, other than for training. "Qualified student loan" means a federally guaranteed Stafford Loan under the Federal Family Education Loan Program or the Federal Direct Loan Program, a federal Grad PLUS Loan, or a federal Perkins Loan, including principal and interest. Only the outstanding portion of a federal consolidation loan that was used to repay a qualified student loan qualifies for loan repayment. 30.1(2) Eligibility requirements. An eligible guard member must: a. Be a resident of Iowa, as defined by the adjutant general of Iowa, and a member of an Iowa army or air national guard unit. b. Have satisfactorily completed required guard training. c. Have maintained satisfactory performance of guard duty. d. Have applied to the adjutant general of Iowa by the established application deadline date(s) by completing any application form required. The adjutant general shall accept an application from an eligible member of the Iowa national guard who was on federal active duty at the time of an application deadline if the application is received within 30 days after the eligible member returns to Iowa from federal active duty. A new application may be required in subsequent years to renew loan repayment eligibility. e. Be pursuing or have completed an eligible program of study. f. Have been offered the loan repayment incentive either: (1) In the military entrance process, or (2) Within the final year of the service member’s initial contract obligation, and the individual must sign a six-year extension. g. Continue to meet the requirements of the contract with the Iowa national guard and the provisions of this chapter. 30.1(3) Selection criteria. The adjutant general will select eligible guard members to receive the student loan repayment benefit. Neither eligibility nor loan repayment award determinations shall be based upon an eligible guard member’s unit, the location at which drills are attended, or whether the eligible guard member is a member of the Iowa army or air national guard. 30.1(4) Annual award. The maximum award shall be the lesser of: a. $5,000, or b. 100 percent of the eligible guard member’s outstanding qualified student loan. 30.1(5) Extent of repayment. Eligible guard members may receive loan repayment for no more than six consecutive years. Eligible guard members who fail to receive loan repayment awards in consecutive years will not be considered for subsequent years of loan repayment. 30.1(6) Disbursement of loan repayment funds. a. Loan repayment awards will be disbursed upon completion of the year for which the award was approved. Prior to issuing the loan repayment award, commission staff will certify that the eligible guard member meets the eligibility requirements. b. Following completion of the provisions in paragraph 30.1(6)“a,” loan repayment awards will be distributed to the eligible guard member’s student loan holder and applied directly to qualified student loans. 30.1(7) Loan repayment cancellation. The adjutant general may cancel future loan repayment benefits for an individual if the individual does not continue to meet the provisions under this chapter or if funding is insufficient to provide future loan repayment awards. 30.1(8) Restrictions. An eligible guard member who is in default on a qualified student loan or who owes a repayment on any Title IV grant assistance or state award shall be ineligible for loan repayment benefits. Eligibility may be reinstated upon payment in full of the delinquent obligation or by commission ruling on the basis of adequate extenuating evidence presented in appeal under the procedures set forth in 283—Chapters 4 and 5. Changes in eligible guard member eligibility will be sent to the commission within 30 days of the change. This rule is intended to implement 2021 Iowa Acts, House File 428. [Filed 9/17/21, effective 11/10/21][Published 10/6/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/6/21.ARC 5970CEconomic Development Authority[261]Adopted and FiledRule making related to apprenticeship training program
The Economic Development Authority hereby amends Chapter 12, “Apprenticeship Training Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 15.106A and 15B.3.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 15B as amended by 2021 Iowa Acts, House File 559.Purpose and Summary 2021 Iowa Acts, House File 559, amends Iowa Code chapter 15B relating to the Apprenticeship Training Program. The amended statute defines “contact hours” as the number of hours of in-person instruction received by an apprentice and provides that an apprenticeship program is eligible for assistance under the Apprenticeship Training Program only if its training includes at least 100 contact hours. The legislation also amends the calculation used to determine the amount of assistance provided to each eligible apprenticeship sponsor or lead apprenticeship sponsor. This rule making amends Chapter 12 to reflect the changes made to the Iowa Code as well as removes outdated references to legislation and contact information for the Authority.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 28, 2021, as ARC 5787C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Authority on September 17, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on November 10, 2021. The following rule-making actions are adopted:
ITEM 1. Adopt the following new definition of “Contact hours” in rule 261—12.3(15,15B): "Contact hours" means the number of hours of in-person instruction received by an apprentice participating in an apprenticeship program. ITEM 2. Amend subrule 12.4(1) as follows: 12.4(1) The authority will provide financial assistance under the program from moneys appropriated for purposes of the program pursuant to Iowa Code section 15.342A and 2014 Iowa Acts, House File 2460, section 3. ITEM 3. Amend subrule 12.5(1) as follows: 12.5(1) The applicant is an apprenticeship sponsor, or a lead apprenticeship sponsor, that is conductingconducts an apprenticeship programthat is registered with the U.S. Department of Labor, Office of Apprenticeship, through Iowa, for apprentices who will be employed at Iowa worksitesin Iowa. ITEM 4. Renumber subrules 12.5(2) to 12.5(4) as 12.5(3) to 12.5(5). ITEM 5. Adopt the following new subrule 12.5(2): 12.5(2) The applicant conducts an apprenticeship program that includes a minimum of 100 contact hours per apprentice for each training year of the apprenticeship program. ITEM 6. Amend rule 261—12.6(15,15B) as follows:261—12.6(15,15B) Determination of financial assistance grants. The authority will provide financial assistance in the form of training grants toeligible apprenticeship sponsors or lead apprenticeship sponsors. The maximum amount of financial assistance provided to an eligible apprenticeship sponsor or lead apprenticeship sponsor will be calculated in the following manner: 12.6(1) By determining the total amount of funding allocated for purposes of training grants for apprenticeship programs as described in rule 261—12.4(15,15B). 12.6(2) By adding together all of the following:a. Thedetermining the total number of apprentices trainedduring the most recent training year, as calculated on the last day of the training year, in all apprenticeship programs conducted by all applying apprenticeship sponsors or lead apprenticeship sponsors during the most recent training year as calculated on the last day of the training yeareligible to apply for financial assistance under rule 261—12.5(15,15B). b. The total number of contact hours that apprenticeship instructors for all applying apprenticeship sponsors or lead apprenticeship sponsors spent in contact with apprentices during the most recent training year. For purposes of this paragraph, “contact hours” includes the time spent instructing apprentices in person or, in the case of a lead apprenticeship sponsor with programs totaling 100 or more total instructional hours, “contact hours” includes the time spent in online training if the total amount of online instruction does not account for more than 30 percent of the total instructional hours. 12.6(3) By adding together all of the following:a. Thedetermining the total number of apprentices trainedduring the training year, as calculated on the last day of the training year, in each apprenticeship program conducted by a singleeach applying apprenticeship sponsor or lead apprenticeship sponsor during the most recent training year as calculated on the last day of the training yeareligible to apply and that applied for financial assistance under rule 261—12.5(15,15B). b. The total number of contact hours that apprenticeship instructors for a single applying apprenticeship sponsor or lead apprenticeship sponsor spent in contact with apprentices during the most recent training year. For purposes of this paragraph, “contact hours” includes the time spent instructing apprentices in person or, in the case of a lead apprenticeship sponsor with programs totaling 100 or more total instructional hours, “contact hours” includes the time spent in online training if the total amount of online instruction does not account for more than 30 percent of the total instructional hours. 12.6(4) By determining the proportion, stated as a percentage, that a singleeach applying apprenticeship sponsor’s or lead apprenticeship sponsor’s total calculated pursuant to subrule 12.6(3) bears to all applying apprenticeship sponsors’ or lead apprenticeship sponsors’ total calculated pursuant to subrule 12.6(2). 12.6(5) By multiplying the percentage calculated in subrule 12.6(4) by the amount determined in subrule 12.6(1). ITEM 7. Amend rule 261—12.7(15,15B) as follows:261—12.7(15,15B) Application submittal and review process. 12.7(1) The authority will develop a standardized application and make the application available to applicants. To apply for assistance under the program, an applicant shall submit an application to the authority. Applications may be sent to the Economic Development Authority, 200 East Grand Avenue, Des Moines, Iowa 50309. Required forms and instructions are available by contacting the authority at that address or from the authority’s Internet site at www.iowaeconomicdevelopment.comwww.iowaeda.com. 12.7(2) The director shall have final funding authority on applications for financial assistance under this program. Applications will be reviewed and processed for eligibility by the staff of the authority. The director of the authority will approve, defer or deny applications consistent with the requirements of this chapter. [Filed 9/17/21, effective 11/10/21][Published 10/6/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/6/21.ARC 5953CEngineering and Land Surveying Examining Board[193C]Adopted and FiledRule making related to examination and experience requirements
The Engineering and Land Surveying Examining Board hereby amends Chapter 1, “Administration,” Chapter 2, “Fees and Charges,” Chapter 3, “Application and Renewal Process,” Chapter 4, “Engineering Licensure,” and Chapter 7, “Professional Development,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 542B.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 542B; 2020 Iowa Acts, House File 2389; and 2021 Iowa Acts, House File 284.Purpose and Summary 2021 Iowa Acts, House File 284, allows the Board to adopt rules for “decoupling.” Decoupling allows professional engineer applicants to sit for the Principles and Practice of Engineering (PE) examination any time after passing the Fundamentals of Engineering (FE) examination, instead of first acquiring four years of professional engineering experience, as is the current situation. The experience requirement will be verified at the time the applicant applies for a PE license. 2020 Iowa Acts, House File 2389, required the Board to amend rules regarding waivers and variances. The amendments in this rule making are in response to these legislative changes. There are also some updates to rules included in these amendments.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 11, 2021, as ARC 5819C. A public hearing was held on August 31, 2021, at 9 a.m. at 200 East Grand Avenue, Suite 350, Des Moines, Iowa. No one attended the public hearing. The Notice of Intended Action was sent out to 10,970 active and inactive licensees, plus the Iowa Society of Professional Engineers. No comment was received from the Society. Forty-four written comments were received. Thirty-two comments were in opposition. Nine comments were in favor. Three were not specific. All comments were shared with the Board. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on September 16, 2021.Fiscal Impact This rule making removes the chronological component of requirements for a PE license. There is a fiscal impact of less than $100,000 annually or $500,000 over five years.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the 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 193—Chapter 5. 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 November 10, 2021. The following rule-making actions are adopted:
ITEM 1. Rescind subrule 1.1(3). ITEM 2. Amend rule 193C—1.4(542B) as follows:193C—1.4(542B) Waivers and variances. 1.4(1) The board’s rules regarding waivers and variances can be found in the uniform rules for the division of professional licensing and regulation at 193—Chapter 5. 1.4(2) Interim rulings. The board chairperson, or vice chairperson if the chairperson is not available, may rule on a petition for waiver or variance when it would not be timely to wait for the next regularly scheduled board meeting for a ruling from the board. a. The executive secretary shall, upon receipt of a petition meeting all applicable criteria established in 193—Chapter 5, present the request to the board chairperson or vice chairperson along with all pertinent information regarding established precedent for granting or denying such requests. b. The chairperson or vice chairperson shall reserve the right to hold an electronic meeting of the board when: (1) Board precedent does not clearly resolve the request and the input of the board is deemed required; and (2) The practical result of waiting until the next regularly scheduled meeting would be a denial of the request due to timing issues. c. A waiver report shall be placed on the agenda of the next regularly scheduled board meeting and recorded in the minutes of the meeting. d. This subrule on interim rulings does not apply if the waiver or variance was filed in a contested case. ITEM 3. Amend rule 193C—2.1(542B) as follows:193C—2.1(542B) General statement. Fees are fixed in such an amount as will defray the expense of administering board responsibilities. Fees are charged in accordance with the following table:Type of feeAmountRenewal Active license renewal$100 Inactive license renewal$40 Reinstatement of lapsed license(In addition to the reinstatement fee, the applicant for reinstatement must also pay the appropriate prorated reinstated license fee below.)$100Reinstatement of inactive to active license$60 New or reinstated license(In addition to the appropriate prorated reinstated license fee, the applicant for reinstatement must also pay the reinstatement fee above.)$100 Prorated at six-month intervalsApplication for examinationsexamination Principles and Practice of Engineering$100 Principles and Practice of Land Surveying$100Examinations Fees for NCEES examinations are paid directly to the examination service at the rate established by contract based upon cost of the examination materials and processing expenses.Variable Iowa State Specific Land Surveying Examination$30Application for licensure by comity as a professional engineer or professional land surveyor$150Certificates Initial professional engineer or professional land surveyor certificate$15 Additional or duplicate certificate$25 Engineer or land surveyor intern certificateNo chargeCheck returned for insufficient funds$15Verification of records for lapsed licensees$15 per verification Late renewal fee (for renewals postmarkedcompleted after December 31 and before February 1January 31)$25 ITEM 4. Amend rule 193C—3.1(542B) as follows:193C—3.1(542B) General statement. A person requesting to be licensed as a professional engineer or professional land surveyor shall submit a completed, standardized, notarized application form, which may be obtained from the board’s office or electronically from the board’s Internet web page. 3.1(1) Application expiration. On the examination and comity applications due date, the applications are considered current if it has been one year or less since the applications were received by the board office. 3.1(2) Branch licensure. A list of engineering branches in which licensure is granted can be obtained from the board’s office. Branches conform to those branches generally included in collegiate curricula. An applicant for licensure in Iowa shall be licensed first in the branch or branches indicated by the applicant’s education and experience. A minimum of 50 percent of the required practical experience in which the individual is to be examined shall have been in that same branch of engineering. 3.1(3) Academic transcripts. a. United States institutions.Completion of post-high school education shall be evidenced by the board’s receipt of an applicant’s transcripts directly from the office of the registrar of each institution attendedconferring a qualifying degree. b. Institutions outside the United States.Transcripts from institutions located outside the boundaries of the United States of America shall be sent directly from the institution to an evaluation service and shall be evaluated for authenticity and substantial equivalency with Accreditation Board for Engineering and Technology, Inc. (ABET) or Engineering Accreditation Commission (EAC) accredited engineering programs. To be readily acceptable, such evaluations shall be from the National Council of Examiners for Engineering and Surveying (NCEES). However, the board may accept evaluations from other recognized foreign credential evaluators satisfactory to the board. The expense of the evaluation is the responsibility of the applicant. Each evaluation shall be sent directly to the board from the evaluation service and shall include a copy of the transcript in the form sent to the evaluation service directly from the educational institution. Each evaluation must address both whether the transcript is authentic and whether the engineering program is equivalent to those accredited by ABET or EAC. ITEM 5. Amend rule 193C—3.2(542B) as follows:193C—3.2(542B) Examination applicationApplication components and due dates. 3.2(1) Fundamentals of Engineering examination application components and due dates. Applications for the Fundamentals of Engineering examination are submitted directly to the examination service selected by the board to administer the examinations. 3.2(2) Fundamentals of Land Surveying examination application components and due dates. The components of this application include: the completed application form, references pursuant to 193C—paragraph 5.1(5)“b” and transcripts. Fundamentals of Land Surveying examination applications must be submitted to the board office. Applications submitted by the first day of each month will be reviewed by the board at the next regularly scheduled board meeting. 3.2(3) Principles and Practiceof Engineering examination application components and due dates. Principles and Practice of Engineering and Principles and Practice of Land Surveying examination applications require a detailed review and must, therefore, be submitted to the board office. To facilitate the transition to computer-based testing offered throughout the year, application files with all required components submitted to the board office by the first day of each month will be reviewed at the next regularly scheduled board meeting. The Principles and Practice examination application packet includes the following components: (1) the completed online application form, (2) the required number of references, (3) the project statement, and (4) the ethics questionnaire. In addition, a complete application file must include verification of examination records and transcripts. Examination applications will not be reviewed by the board until the application file is complete. Since the verification of examination records must be sent directly from the jurisdiction where the applicant took the Fundamentals of Engineering examination, the applicant should contact the other jurisdiction well in advance of the deadline for submittal of the application to request this verification. For transcripts, the applicant should contact the university well in advance to ensure that the transcripts are received by the deadlineare submitted directly to the examination service selected by the board. Documentation of a qualifying degree will be required prior to approval to sit for the examination. 3.2(4) Principles and Practice of Land Surveying application components and due dates. Principles and Practice of Land Surveying examination applications are submitted to the board office. Application files with all required components submitted to the board office by the first day of each month will be reviewed at the next regularly scheduled board meeting. The examination application file includes the following components: (a) the completed online application form, (b) the required number of references, (c) the project statement, and (d) the ethics questionnaire. In addition, a complete application file must include verification of examination records and transcripts. Examination applications will not be reviewed by the board until the application file is complete. Since the verification of examination records must be sent directly from the jurisdiction where the applicant took the Fundamentals of Land Surveying examination, the applicant should contact the other jurisdiction well in advance of the deadline for submittal of the application to request this verification. For transcripts, the applicant should contact the university well in advance to ensure that the transcripts are received by the deadline. 3.2(5) Professional engineer license application. Professional engineer license applications are submitted to the board office. Application files with all required components submitted to the board office by the first day of each month will be reviewed at the next regularly scheduled board meeting. The professional engineer license application includes the following components: (a) the completed online application form, (b) the required number of references, (c) the project statement, and (d) the ethics questionnaire. In addition, a complete application file must include verification of examination records and transcripts. Professional engineer license applications will not be reviewed until the application file is complete. Since the verification of examination records must be sent directly from the jurisdiction where the applicant took the Fundamentals of Engineering examination, the applicant should contact the other jurisdiction well in advance of the deadline for submittal of the application to request this verification. For transcripts, the applicant should contact the university well in advance to ensure that the transcripts are received by the deadline. ITEM 6. Amend subrule 3.3(1) as follows: 3.3(1) The components of a comity application include: the completed, notarized application form; the ethics questionnaire; references; transcripts; and verification of examinations, as appropriate. Comity applicants may submit the NCEES record in lieu of providing references, verifications, transcripts, and employment history. Since the verification of examination records must, in most cases, be sent directly from the jurisdiction where the applicant took the Fundamentals of Engineering and Principles and Practice Engineering examinations, the applicant should contact the other jurisdiction in advance of submitting the application to request this verification and make every effort to have the verification sent to the board at the time that the application is submitted. Likewise, for transcripts the applicant should contact the university in advance of submitting the application to make every effort to have the transcripts transmitted to the board at the time that the application is submitted. ITEM 7. Amend subrule 3.4(4) as follows: 3.4(4) Notification of expiration. The board shall notify licensees whose certificates of licensure have expired. This notification may be provided through publication in the division’s newsletter. The failure of the board to provide this courtesy notification, or the failure of the licensee to receive the courtesy notification, shall not extend the date of expiration. ITEM 8. Amend paragraph 3.4(6)"a" as follows: a. Received by the board in paper or electronic form, or postmarked with a nonmetered United States Postal Service postmark on or before the expiration date of the certificatethrough the online renewal process; ITEM 9. Amend subrule 3.5(2) as follows: 3.5(2) To reinstate a license that has lapsed for less than one year, the applicant for reinstatement must pay the fee required by 193C—2.1(542B) and must satisfy one of the following requirements: a. Provide documentation of 30 professional development hours achieved within the current and previous biennium (dual licensees must provide documentation of 20 professional development hours for each profession). Professional development hours used for reinstatement shall not be reused at the next renewal; or b. Successfully complete the principles and practice examination within one year immediately prior to application for reinstatement; or c. For an applicant for reinstatement who is an out-of-state resident, submit a statement from the resident state’s licensing board as documented evidence of compliance with the resident state’s mandatory continuing education requirement during the period that the licensee’s Iowa license was lapsed. The statement shall bear the seal of the licensing board. An applicant for reinstatement whose resident state has no mandatory continuing education requirement shall comply with the documented evidence requirement as outlined in this subrule and at 193C—subrule 7.8(2). ITEM 10. Amend subrule 3.5(4) as follows: 3.5(4) To reinstate from inactive status to active status, the applicant for reinstatement must pay the fee required by 193C—2.1(542B) and must provide documentation of 45 professional development hours achieved within the current and previous biennium (dual licensees must provide documentation of 30 professional development hours for each profession).Professional development hours used for a reinstatement shall not be reused at the next renewal. ITEM 11. Amend rule 193C—4.1(542B), introductory paragraph, as follows:193C—4.1(542B) Requirements for licensure by examination. The specific requirements for initial licensing in Iowa are established in Iowa Code section 542B.14, and it is the board’s intention to issue initial licensure only when those requirements are satisfied chronologically as set forth in the statute. ITEM 12. Amend subrules 4.1(1) and 4.1(2) as follows: 4 4.1 1(1) First, the applicant for initial licensure in Iowa must satisfy the educational requirements as follows: a. Graduation from an engineering program of four years or more. (1) If an applicant did not graduate from an Accreditation Board of Engineering and Technology/Engineering Accreditation Commission (ABET/EAC)- or Canadian Engineering Accreditation Board (CEAB)-accredited curriculum, the applicant must also complete, in addition to the engineering degree, one extra year of practical experience satisfactory to the board after receiving the engineering degree.The experience must be verified by a professional engineer (PE) supervisory reference. (2) An engineering technology curriculum does not constitute an engineering program of four years or more. b. If an applicant obtained an associate of science degree or a more advanced degree between July 1, 1983, and June 30, 1988, the board shall only require satisfactory completion of a minimum of two years of postsecondary study in mathematics, physical sciences, engineering technology, or engineering at an institution approved by the board and six years of practical experience which, in the opinion of the board, is of satisfactory character to properly prepare the applicant for the Fundamentals of Engineering examination. (Applicants qualifying under this subrule must successfully complete the Fundamentals of Engineering examination by June 30, 2001.) c. The educational requirement may be fulfilled by a master’s degree in engineering from an institution in the United States of America which offers an accredited bachelor’s degree in the same curriculum. The master’s degree candidate must be required to fulfill the requirements for the bachelor’s degree in the same area of specialization. An applicant with a master’s degree in engineering from an institution in the United States of America that does not offer an accredited bachelor’s degree in the same curriculum will be required to have an additional year of qualifying experience obtained after receipt of the qualifying degree. Applicants using a master’s degree as the qualifying degree may not also use the master’s degree for qualifying experience credit. d. The educational requirement may be fulfilled by a doctor of philosophy degree in engineering from an institution in the United States of America which offers an accredited bachelor’s degree in the same curriculum. The doctoral candidate must be required to fulfill the requirements for the bachelor’s degree in the same area of specialization. An applicant with a doctor of philosophy degree in engineering from an institution in the United States of America that does not offer an accredited bachelor’s degree in the same curriculum will be required to have an additional year of qualifying experience obtained after receipt of the qualifying degree. Applicants using a doctor of philosophy degree as the qualifying degree may not also use the doctor of philosophy degree for qualifying experience credit or as an exemption for the Fundamentals of Engineering examination (FE exam). 4 4.1 1(2) Second, the applicant must successfully complete the Fundamentals of Engineering examination (FE exam). a. An applicant may take the FE exam any time after the educational requirements as specified above are completed, but the applicant must successfully complete the FE exam prior to taking the Principles and Practice of Engineering examination. b. College seniors studying an ABET/EAC- or CEAB-accredited curriculum may take the FE exam during the final academic year. Applicants will be permitted to take the examination during the testing period which most closely precedes anticipated graduation. c. An applicant who graduated from a satisfactory engineering program and has 10ten years or more of work experience satisfactory to the board shall not be required to take the FE exam.This experience is in addition to the four or five years of experience required for the PE license. d. An applicant who has earned a Doctor of Philosophy degree from an institution in the United States of America with an accredited Bachelor of Science engineering degree program in the same discipline, or a similar doctoral degree in a discipline approved by the board, shall not be required to take the FE exam. e. All FE exam candidates will apply directly to the National Council of Examiners for Engineering and Surveying (NCEES) and will self-attest as to the candidate’s eligibility to sit for the FE exam. The board will verify acceptable education and experience at the time an applicant applies to sit for the Principles and Practice of Engineering examination or applies for an Engineer Intern (EI)for an Engineer in Training (EIT) number. The board shall apply the education and experience standards set forth in this rule but will allow reasonable flexibility in timing in the event an applicant sat for and passed the FE exam at a point earlier than provided in this rule. The board will not, however, issue an EIEIT number unless all experience required for candidates who hold engineering degrees from nonaccredited programs has been satisfied at the time of the EIEIT application. ITEM 13. Rescind subrule 4.1(3) and adopt the following new subrule in lieu thereof: 4.1(3) Third, the applicant must successfully complete the Principles and Practice of Engineering examination (PE exam). a. An applicant may take the PE exam any time after passing the FE exam. b. All PE exam candidates will apply directly to the NCEES. The applicant will be required to document a qualifying education. The board will verify acceptable experience at the time the applicant applies for a professional engineer license. ITEM 14. Rescind subrule 4.1(4) and adopt the following new subrule in lieu thereof: 4.1(4) Fourth, the applicant must satisfy the qualifying experience requirements. The purpose of this provision is to ensure that the applicant has acquired the professional judgment, capacity, and competence to design engineering works, structures, and systems. The following criteria will be considered by the board in determining whether an applicant’s experience satisfies the statutory requirements. a. Oversight.All applicants must have direct supervision or professional tutelage (instruction, guidance, mentoring, review, and critique) from one or more licensed professional engineers. This experience must be verified by one or more licensed professional engineers who are familiar with the applicant’s work and can attest that the experience was of the required quality and was accurately described. Verification of the qualifying experience is provided through the reference forms. It is the responsibility of the applicant to provide reference forms to the licensed professional engineers to complete and return directly to the board. (1) To be readily acceptable, all of the qualifying experience shall be under the direct supervision and tutelage of one or more licensed professional engineers. (2) To be considered, a portion of the qualifying experience shall be under the direct supervision or tutelage of one or more licensed professional engineers. In this case, the rest of the qualifying experience shall be under the direct supervision or tutelage of an unlicensed graduate engineer. b. Documentation of experience.All applicants must submit references and a work project description. The board reserves the right to contact the employer and the person providing tutelage on the project for information about the project experience acquired by the applicant. (1) References. An applicant for the professional engineer license shall submit three references from professional engineers or a combination of professional engineers and graduate engineers on forms provided by the board. 1. At least one of the licensed professional engineers who provide a reference for the applicant shall have provided direct supervision or professional tutelage in the course of a mentoring relationship on such matters as technical skills; professional development; the exercise of professional judgment, ethics, and standards in the application of engineering principles and in the review of such matters by others; and the professional obligations of assuming responsible charge of professional engineering works and services. 2. If the applicant has had more than one supervisor, at least two of the references shall be from a supervisor of the applicant. An applicant shall submit supervisor references to verify at least four years of qualifying experience. 3. If an applicant has had professional experience under more than one employer, the applicant shall provide references from individuals with knowledge of the work performed under a minimum of two employers. 4. The board reserves the right to contact references, supervisors, or employers for information about the applicant’s professional experience and competence or to request additional references. 5. The board uses references partially as a means of verifying an applicant’s record of experience. The applicant must distribute a reference form to individuals who are asked to submit references for the applicant. To each reference form, the applicant shall attach a narrative of the applicant’s experience record that is being addressed by the referring individual. 6. The board may require the applicant to submit other evidence of suitable tutelage and supervision. 7. The board may require an oral interview with the applicant or other evidence to verify the applicant’s knowledge and experience in the principles and practice of engineering. 8. The board may conduct interviews with persons providing tutelage or supervision to the applicant. (2) Work project description. An applicant for initial licensure as a professional engineer must include with the application a work project statement describing a significant project on which the applicant worked during the previous 12 months. The board will review all work project statements and will approve only those that include all of the components listed below in numbered paragraphs 4.1(4)“b”(2)“1” to “4” and meet the criteria listed in numbered paragraph 4.1(4)“b”(2)“5.” 1. The statement shall describe the applicant’s degree of responsibility for the project. 2. The statement shall identify the project’s owner and location. 3. The statement shall include the name of the supervisor in charge of the project and, if the supervisor is a professional engineer, the license number of the supervisor. 4. The statement shall be signed and dated by the applicant. 5. Criteria the board shall use in evaluating the acceptability of the project as qualifying experience for the applicant shall include, but not be limited to, the following:Rule making related to financial provisions for mental health and disability services
The Human Services Department hereby amends Chapter 25, “Disability Services Management,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 331.393.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 331.392.Purpose and Summary 2020 Iowa Acts, House File 2643, amended Iowa Code section 331.392 to require mental health and disability services (MHDS) regions to include in their regional governing agreement the method for allocating their cash flow amount if a county leaves the region. This rule making requires a region’s cash flow amount to be divided by the percentage of each county’s population and allocated to the counties.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 14, 2021, as ARC 5779C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Mental Health and Disability Services Commission on September 16, 2021.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 December 1, 2021. The following rule-making action is adopted:
ITEM 1. Amend subrule 25.14(3) as follows: 25.14(3) Financial provisions. The financial provisions of the regional governance agreement shall include all of the following: a. Methods for pooling, managing and expending funds under control of the regional administrative entity. If the agreement does not provide for pooling of the participating county moneys in a single fund, the agreement shall specify how the participating county moneys will be subject to the control of the regional administrative entity. b. Methods for allocating administrative funding and resources. c. Methods for allocating a region’s cash flow amount in the event a county leaves the region. A region’s cash flow amount shall be divided by the percentage of each county’s population according to the region’s population indicated in the region’s annual service and budget plan and shall be allocated to the counties. c. d. Methods for contributing initial funds to the region. d. e. Methods for acquiring or disposing of real property. e. f. The process for how to use savings achieved for reinvestment. f. g. A process for performance of an annual independent audit of the regional administrator. [Filed 9/16/21, effective 12/1/21][Published 10/6/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/6/21.ARC 5944CLabor Services Division[875]Adopted and FiledRule making related to emergency temporary standard related to COVID-19
The Labor Commissioner hereby amends Chapter 10, “General Industry Safety and Health Rules,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 88.5.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 88.Purpose and Summary The Iowa Labor Commissioner is required to adopt by reference changes to the U.S. Department of Labor’s occupational safety and health standards. This rule making adopts by reference federal OSHA’s emergency temporary standard (ETS) related to the COVID-19 pandemic. The ETS applies only to certain locations where health care services are provided, and it is set to expire after six months.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 11, 2021, as ARC 5846C. This rule making was also adopted and filed emergency and published in the Iowa Administrative Bulletin as ARC 5847C on the same date. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Commissioner on September 15, 2021.Fiscal Impact In the Federal Register, the U.S. Department of Labor published a large amount of data as part of its economic analysis. The analysis concluded the ETS is economically feasible and the benefits far outweigh the costs. However, data specific to Iowa is not available.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commissioner for a waiver of the discretionary provisions, if any, pursuant to 875—Chapter 5.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 November 10, 2021, at which time the Adopted and Filed Emergency rule making is hereby rescinded. The following rule-making action is adopted:
ITEM 1. Amend rule 875—10.20(88) by inserting the following at the end thereof:86 Fed. Reg. 32620 (June 22, 2021) [Filed 9/15/21, effective 11/10/21][Published 10/6/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/6/21.ARC 5954CLabor Services Division[875]Adopted and FiledRule making related to amusement rides, amusement devices, and concession booths
The Labor Commissioner hereby amends Chapter 61, “Administration of Iowa Code Chapter 88A,” and Chapter 62, “Safety Rules for Amusement Rides, Amusement Devices, and Concession Booths,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 88A.3.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 88A as amended by 2021 Iowa Acts, House File 558.Purpose and Summary This rule making is intended to conform the Iowa Administrative Code with 2021 Iowa Acts, House File 558. These amendments reduce the minimum age for amusement ride staff to 16 years of age, add new topics for required amusement ride staff training, eliminate the distinction between amusement ride assistants and attendants, and make conforming edits.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 16, 2021, as ARC 5674C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Commissioner on September 15, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commissioner for a waiver of the discretionary provisions, if any, pursuant to 875—Chapter 1.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 November 10, 2021. The following rule-making actions are adopted:
ITEM 1. Rescind the definition of “Assistant” in rule 875—61.2(88A). ITEM 2. Adopt the following new definition of “Special operation” in rule 875—61.2(88A): "Special operation" means an unusual condition, interruption in operation, injury, emergency, or evacuation. ITEM 3. Amend paragraph 61.6(2)"j" as follows: j. Failure of an operator to provide an adequate number of properly trained and qualified assistants and attendants; or ITEM 4. Amend rule 875—62.6(88A), introductory paragraph, as follows:875—62.6(88A) Operations. Operations shall conform to ANSI B77.1 and ANSI B77.1A-2012 and ASTM F770-15, F1957-99(2011), F2007-12, F2137-15, F2374-10, F2375-09, F2376-13, F2460-11, and F2959-14, as applicable. ASTM F2374-10 shall apply to all air-supported structures notwithstanding the definition and use of the phrase “inflatable amusement device” in ASTM F2374-10.The commissioner will enforce the minimum age requirements set forth below rather than any minimum age requirement set forth in a code adopted by reference in this rule. ITEM 5. Amend subrule 62.6(1) as follows: 62.6(1) Attendants and assistants. The operator shall provide a sufficient number of competent, trained workers, who shall be recognizable by their uniforms. Covered equipment shall have continuous, direct supervision while in use by a patron. a. Each attendant of a concession booth, except a shooting gallery or dart game, shall be at least 14 years of age. All other attendants shall be at least 1816 years of age. b. Each assistant shall be at least 16 years of age. c. b. Each attendant and assistant shall be trained according to ANSI B77.1 and ANSI B77.1A-2012 and ASTM F770-15, F2007-12, F2460-11, and F2959-14, as applicable.In addition, training must cover procedures for normal operations and special operations specific to each ride the attendant will control, specific duties for each assigned position for each ride the attendant will control, and the operator’s general procedures for normal operations and special operations. Training documentation shall be available to the commissioner. d. c. An attendant shall have control of the covered equipment when it is in operation. When the covered equipment is shut down, provision shall be made to prevent unauthorized operation. e. Under normal operations, the duties of an assistant shall be limited to securing or removing seat restraints; checking height compliance; and loading and unloading patrons. In case of emergency, an assistant who has received appropriate training may terminate operations. ITEM 6. Amend subrule 62.7(3) as follows: 62.7(3) Emergency procedure. When lightning, high wind, tornado warning, severe storm warning, fire, violence, riot or civil disturbance creates a direct threat to patrons, the operators, assistants, and attendants shall cease operation of covered equipment and evacuate all patrons. Operation shall not resume until conditions have returned to a normal, safe operating environment. [Filed 9/16/21, effective 11/10/21][Published 10/6/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/6/21.ARC 5945CLabor Services Division[875]Adopted and FiledRule making related to special inspector commissions
The Labor Commissioner hereby amends Chapter 90, “Administration of the Boiler and Pressure Vessel Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 89.7(2).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 89.Purpose and Summary These amendments change the expiration date of all special inspector commissions from June 30 to December 31 and require an applicant for a new special inspector commission to meet with the chief boiler inspector.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on May 5, 2021, as ARC 5595C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Commissioner on September 15, 2021.Fiscal Impact It is anticipated that about $3,000 in special inspector fees will be lost in the transition to December expirations.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commissioner for a waiver of the discretionary provisions, if any, pursuant to 875—Chapter 1.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 November 10, 2021. The following rule-making action is adopted:
ITEM 1. Amend subrules 90.9(2) and 90.9(3) as follows: 90 90.9 9(2) Application. a. A person applying for anew or renewed commission shall complete, sign, and submit to the division with the required fee the form entitled “Application for Boiler and Pressure Vessel Special Inspector Commission” provided by the division. Additionally, the applicant shall submit a copy of the applicant’s current National Board work card with each application. b. An applicant for a new Iowa special inspector commission shall schedule a meeting with the chief boiler inspector to discuss Iowa law and the responsibilities, expectations, and requirements for a special inspector. 90 90.9 9(3) Expiration. a. The commission is for no more than one year and ceases when the special inspector leaves employment with the insurance company, or when the commission is suspended or revoked by the labor commissioner. Each commission shall expire no later than June 30December 31 of each year. b. Notwithstanding paragraph 90.9(3)“a” and in order to transition from an expiration date of June 30 to an expiration date of December 31, a commission issued between June 1, 2022, and November 30, 2022, shall expire on December 31, 2023. [Filed 9/15/21, effective 11/10/21][Published 10/6/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/6/21.ARC 5939CProfessional Licensure Division[645]Adopted and FiledRule making related to telehealth appointments
The Board of Hearing Aid Specialists hereby amends Chapter 123, “Practice of Hearing Aid Dispensing,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 147.76.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 154A.Purpose and Summary This rule making provides the minimum standards of care for hearing aid specialists when providing hearing aid testing or adjustment services during a telehealth appointment. This rule making adds new rule 645—123.5(154A) to Chapter 123 and instructs that when a hearing aid specialist seeks to provide testing or adjustment services to a client remotely, the services must be provided in accordance with rule 645—123.5(154A) in order to adequately protect the public during a telehealth appointment.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on April 7, 2021, as ARC 5554C. A public hearing was held on April 28, 2021, at 8:30 a.m. in the Fifth Floor Board Conference Room 526, Lucas State Office Building, Des Moines, Iowa. Four comments were received, all of which were supportive of the rule making. One change from the Notice has been made. New paragraph 123.4(1)“g” in Item 1 has been revised to allow for a client’s verbal or written consent to a service or services through a telehealth appointment.Adoption of Rule Making This rule making was adopted by the Board on September 13, 2021.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 645—Chapter 18.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on November 10, 2021. The following rule-making actions are adopted:
ITEM 1. Adopt the following new paragraph 123.4(1)"g": g. A notation that the client consented, either verbally or in writing, to a service or services provided through a telehealth appointment, if applicable. ITEM 2. Adopt the following new rule 645—123.5(154A):645—123.5(154A) Telehealth appointments. A licensee may conduct a telehealth appointment so long as the services are provided in accordance with this rule. 123.5(1) A “telehealth appointment” is one wherein the licensee provides testing or adjustment services to a client using technology where the hearing aid specialist and the client are not at the same physical location during the appointment. 123.5(2) Conducting a telehealth appointment with a client who is physically located in Iowa during the appointment, regardless of the location of the hearing aid specialist, shall require Iowa licensure. 123.5(3) When conducting a telehealth appointment, a licensee shall utilize technology that is secure, HIPAA-compliant, and that includes, at a minimum, audio and video equipment that allows for two-way, real-time interactive communication between the licensee and the client. The licensee may use non-real-time technologies to prepare for an appointment or to communicate with clients between appointments. 123.5(4) A licensee who conducts a telehealth appointment shall be held to the same standard of care as a licensee who provides in-person services. A licensee shall not utilize a telehealth appointment if the standard of care for the particular service cannot be met using telehealth technology. 123.5(5) Prior to the first telehealth appointment with a client, the licensee shall obtain informed consent from the client that is specific to the service or services that will be provided in the telehealth appointment. The informed consent shall specifically inform the client of, at a minimum, the following: a. The risks and limitations of the use of technology to the specific service; b. The potential for unauthorized access to protected health information; and c. The potential for disruption of technology during a telehealth appointment. 123.5(6) A licensee shall only conduct a telehealth appointment if the licensee is competent to provide the particular service using telehealth technology. A licensee’s competence to provide a particular service using telehealth technology shall be established by the licensee’s education, training, and experience. 123.5(7) A licensee who conducts a telehealth appointment shall note in the client’s record that the service or services were provided through a telehealth appointment. [Filed 9/14/21, effective 11/10/21][Published 10/6/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/6/21.ARC 5931CPublic Health Department[641]Adopted and FiledRule making related to radiation therapy standards
The Public Health Department hereby amends Chapter 203, “Standards for Certificate of Need Review,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 135.62(2)“e”(5).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 135.61(18)“m”(4) and 135.61(18)“g” to “j.”Purpose and Summary Rule 641—203.3(135) sets out radiation therapy standards for the purpose of writing and reviewing Certificate of Need applications for the initiation of external beam radiation therapy services or the purchase of associated equipment (e.g., a linear accelerator). The rules related to radiation therapy were originally promulgated in the late 1970s when the Certificate of Need program was implemented in Iowa. Based on research conducted on the history of rule 641—203.3(135), this rule has not been updated since it was written. The rule is outdated, and parts no longer apply in review of applications. The amendments to the rule eliminate those portions that are completely outdated and are no longer needed or used, and update the remaining portions to modern radiation therapy standards. After consultation with and approval from the State Health Facilities Council, a stakeholder group of individuals was created representing various health systems—University of Iowa Hospitals and Clinics, MercyOne, UnityPoint Health, Methodist Jennie Edmundson Hospital—and radiation therapy-related occupations including radiation physicists, health physicists, radiation oncologist (retired), and others involved in radiation oncology services. Additional participants included two attorneys who represent health facilities on Certificate of Need-related issues, a hospital president, the director of operations for the Iowa Cancer Registry, and the Iowa Hospital Association. The stakeholder group had several meetings from February 2020 through October 2020 to review the contents of the rule and propose changes/updates as needed. The State Health Facilities Council, pursuant to Iowa Code section 135.62(2)“e”(5), has the duty to review and approve, prior to promulgation, all rules adopted by the Department under this subchapter and is also fulfilling this role through this rule-making process.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on May 19, 2021, as ARC 5633C. One letter of support for the amendments was received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the State Board of Health on September 8, 2021.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 the Department’s waiver provisions contained in 641—Chapter 178.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 November 10, 2021. The following rule-making action is adopted:
ITEM 1. Amend rule 641—203.3(135) as follows:641—203.3(135) Radiation therapy or radiotherapy standards. 203.3(1) Purpose and scope. a. These standards are measures of some of thoseprovide guidelines to assist the council in applying those criteria 1 (a to q) and 3 found in Iowa Code section 135.64sections 135.64(1)“a” to “r” and 135.64(3). Criteria which are measured by a standard are cited in parentheses following each standard. b. Certificate of need applications which are to be evaluated against these radiation therapy standards include: (1) Proposals to commence or expand the kind or capacity of megavoltage radiation therapy services. (2) Proposals to replace amegavoltage radiation therapy unit. (3) Any other applications which relate tomegavoltage radiation therapy. 203.3(2) Definitions. a. Radiation modality.The method of applying ionizing radiation in the treatment of patients with malignant disease. Externally applied modes.Superficial X-ray therapy. The use of a conventional X-ray machine, which generates X-rays of up to 150 kilovolts (150 kv), to treat superficial lesions, such as skin cancer.Orthovoltage X-ray therapy. The use of a conventional X-ray machine which generates X-rays between 150 kv up to and including 800 kvs. (These X-rays are of insufficient energy to avoid preferential bone absorption or to be “skin sparing”.)Megavoltage therapy. The use of ionizing radiation in excess of one million electron volts. Energies above one million electron volts cause considerably less skin damage, increase depth dose markedly, and result in much less scatter from the therapeutic beam. Megavoltage machines are classified as follows:- Particle accelerators. These machines use a supply of electrons, which are accelerated into high energy beams. These beams are either caused to strike a target resulting in high energy X-ray production, or are used themselves as the treatment beam. Particle accelerators generate from 4 million up to as many as 45 million electron volts. Most common particle accelerators are the linear accelerator and the betatron.
- Isotope sources (gamma ray teletherapy units).
- Electron accelerator. A machine such as a linear accelerator that uses a supply of electrons, which are accelerated into high energy beams. These electron beams are either caused to strike a target resulting in high energy X-ray production or are used themselves as the treatment beam. Electron accelerators generate over one million electron volts.
- Heavy Particle Accelerator. A machine such as a cyclotron which produces beams of high energy particles such as protons, neutrons, pions, carbon ions, or other heavy ions with masses greater than that of an electron.
- Isotope sources (gamma ray teletherapy units).
Rule making related to admission
The Board of Regents hereby amends Chapter 1, “Admission Rules Common to the Three State Universities,” and rescinds Chapter 2, “Supplemental Specific Rules for Each Institution,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 262.9(3).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 262.9(3).Purpose and Summary The amendments to Chapter 1 remove outdated information related to the regent admission index (RAI), remove “regional” terminology, update residency rules regarding domicile, and clarify that application fees for admission are subject to Board approval. In addition, Chapter 2 is rescinded.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 16, 2021, as ARC 5694C. No public comments were received. In the Notice of Intended Action, the term “regionally accredited” was amended to “accredited.” Upon further review, the term “regionally accredited” has been changed to “accredited by an entity recognized by the U.S. Department of Education.” This terminology is consistent with changes recently made by the Iowa Department of Education.Adoption of Rule Making This rule making was adopted by the Board on September 16, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to rule 681—19.18(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 November 10, 2021. The following rule-making actions are adopted:
ITEM 1. Amend subrule 1.1(2) as follows: 1.1(2) Admission criteria. a. Effective for students who seek admission in fall 2009 and thereafter through spring 2020. (1) A primary regent admission index (RAI) will be calculated for each freshman applicant using the formula below when the high school has provided a class rank. For purposes of calculating the primary RAI, the ACT composite score has a top value of 36 (SAT scores will be converted to ACT composite equivalents), high school rank is expressed as a percentile with 99 percent as the top value, high school GPA is expressed on a four-point scale, and number of high school courses completed in the core subject areas is expressed in terms of years or fractions of years of study.RAI=(2 × ACT composite score)+(1 × high school rank expressed as a percentile)+(20 × high school grade point average)+(5 × number of high school courses completed in the core subject areas) (2) An alternative RAI will be calculated for each freshman applicant using the equation identified in paragraph 1.1(2)“b” when the high school has not provided a class rank. b. a. Effective for students who seek admission in summer 2020 and thereafter. An RAIA regent admission index (RAI) will be calculated for each freshman applicant using the equation below. For purposes of calculating the RAI, the ACT composite score has a top value of 36 (SAT scores will be converted to ACT composite equivalents), high school GPA is expressed on a four-point scale, and number of high school courses completed in the core subject areas is expressed in terms of years or fractions of years of study.RAI=(3 × ACT composite score)+(30 × high school grade point average)+(5 × number of high school courses completed in the core subject areas) c. b. Freshman applicants from Iowa high schools who have an RAI of at least 245 and who meet the minimum requirements of the regent universities will qualify for automatic admission to any of the three regent universities. Freshman applicants who have an RAI below 245 may also be admitted to a specific regent university; however, each regent university will review these applications on an individual basis, and admission decisions will be specific to each institution. ITEM 2. Amend subrule 1.2(1), introductory paragraph, as follows: 1.2(1) Transfer applicants with a minimum of 24 semester hours of graded credit from regionally accredited colleges or universitiesaccredited by an entity recognized by the U.S. Department of Education, who have achieved for all college work previously attempted the grade point required by each university for specific programs, will be admitted. Higher academic standards may be required of students who are not residents of Iowa. ITEM 3. Amend subrule 1.2(4) as follows: 1.2(4) Transfer applicants from colleges and universities not regionally accreditedby an entity recognized by the U.S. Department of Education will be considered for admission on an individual basis taking into account all available academic information. ITEM 4. Amend rule 681—1.3(262) as follows:681—1.3(262) Transfer credit practices. The regent universities endorse the Joint Statement on Transfer and Award of Academic Credit approved in 1978 by the American Council on Education (ACE), the American Association of Collegiate Registrars and Admissions Officers (AACRAO), and the Council on Postsecondary Accreditation (COPA). The current issue of Transfer Credit Practices of Selected Educational Institutions, published by the American Association of Collegiate Registrars and Admissions Officers (AACRAO), and publications of the Council on Postsecondary Accreditation (COPA) are examples of references used by the universities in determining transfer credit. The acceptance and use of transfer credit is subject to limitations in accordance with the educational policies operative at each university. 1.3(1) Students from regionally accredited colleges and universitiesaccredited by an entity recognized by the U.S. Department of Education. Credit earned at regionally accredited colleges and universitiesaccredited by an entity recognized by the U.S. Department of Education is acceptable for transfer except that credit in courses determined by the receiving university to be of a remedial, vocational, or technical nature, or credit in courses or programs in which the institution granting the credit is not directly involved, may not be accepted, or may be accepted to a limited extent.Of the coursework earned at a two-year college, students may apply up to one-half but no more than 65 hours of the credits required for a bachelor’s degree toward that degree at a regent university. This policy becomes effective September 29, 1993. 1.3(2) Students from colleges and universities which have candidate status. Credit earned at colleges and universities which have become candidates for accreditation by a regional associationan entity recognized by the U.S. Department of Education is acceptable for transfer in a manner similar to that from regionally accredited colleges and universitiesaccredited by an entity recognized by the U.S. Department of Education if the credit is applicable to the bachelor’s degree at the receiving university.Credit earned at the junior and senior classification from an accredited two-year college which has received approval by a regional accrediting associationan entity recognized by the U.S. Department of Education for change to a four-year college may be accepted by a regent university. 1.3(3) Students from colleges and universities not regionally accreditedby an entity recognized by the U.S. Department of Education. When students are admitted from colleges and universities not regionally accreditedby an entity recognized by the U.S. Department of Education, they may validate portions or all of their transfer credit by satisfactory academic study in residence, or by examination. Each university will specify the amount of the transfer credit and the terms of the validation process at the time of admission.In determining the acceptability of transfer credit from private colleges in Iowa which do not have regional accreditation, the regent committee on educational relations, upon request from the institutions, evaluates the nature and standards of the academic program, faculty, student records, library, and laboratories.In determining the acceptability of transfer credit from colleges in states other than Iowa which are not regionally accreditedby an entity recognized by the U.S. Department of Education, acceptance practices indicated in the current issue of Transfer Credit Practices of Selected Educational Institutions will be used as a guide. For institutions not listed in the publication, guidance is requested from the designated reporting institution of the appropriate state. 1.3(4) Students from foreign colleges and universities. Transfer credit from foreign educational institutions may be granted after a determination of the type of institution involved and after an evaluation of the content, level, and comparability of the study to courses and programs at the receiving university. Credit may be granted in specific courses, but is frequently assigned to general areas of study. Extensive use is made of professional journals and references which describe the education systems and programs of individual countries. This rule is intended to implement Iowa Code section 262.9(3). ITEM 5. Amend paragraph 1.4(2)"a" as follows: a. The following general guidelines are used in determining the resident classification of a student for admission, tuition, and fee purposes: (1) A financially dependent student whose parents move from Iowa after the student is enrolled remains a resident provided the student maintains continuous enrollment. A financially dependent student whose parents move from Iowa during the senior year of high school will be considered a resident provided the student has not established domicile in another state. (2) In deciding why a person is in the state of Iowa, the person’s domicile will be considered.A person’s domicile is presumed to be that of the parent(s) or legal guardian unless the person is independent and establishes a separate domicile. A person who comes to Iowa from another state and enrolls in any institution of postsecondary education for a full program or substantially a full program shall be presumed to have come to Iowa primarily for educational reasons rather than to establish a domicile in Iowa. (3) A student who was a former resident of Iowa may continue to be considered a resident provided absence from the state was for a period of less than 12 months and provided domicile is reestablished. If the absence from the state is for a period exceeding 12 months, a studentformer resident may be considered a resident if evidence can be presented showing that the student has long-term ties to Iowa and reestablishes an Iowa domicile.A person or the dependent of a person whose domicile is permanently established in Iowa, who has been classified as a resident for admission, tuition, and fee purposes, may continue to be classified as a resident so long as domicile is maintained, even though circumstances may require extended absence of the person from the state. It is required that a person who claims Iowa domicile while living in another state or country will provide proof of the continual Iowa domicile.as evidence that the person:- Has not acquired a domicile in another state,
- Has maintained a continuous voting record in Iowa, and
- Has filed regular Iowa resident income tax returns during absence from the state.
- Comes directly to the state of Iowa from a refugee facility or port of debarkation, or
- Comes to the state of Iowa within a reasonable time and has not established domicile in another state.
Rule making related to compensation and probation
The Board of Regents hereby amends Chapter 3, “Regents Human Resources Management—Merit System Rules,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 262.9(3).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 262.9(3).Purpose and Summary The amendments to Chapter 3 update language for clarification and add an emergency pay practice. Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 16, 2021, as ARC 5695C. 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 September 16, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to rule 681—19.18(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 November 10, 2021. The following rule-making actions are adopted:
ITEM 1. Adopt the following new definition of “Premium pay” in rule 681—3.14(8A): "Premium pay" means a sum of money paid for specific work in addition to the salary or hourly rate. ITEM 2. Amend rule 681—3.14(8A), definition of “Probationary period,” as follows: "Probationary period" is a six-month period to determine an employee’s fitness for the position. A probationary period is required for an original appointment, reinstatement,or reemployment to a classification not previously held, promotion, voluntary demotion out of series or lateral transfer out of classification.Employees hired on term appointments, as defined by rule 681—3.85(8A), are also subject to a probationary period. ITEM 3. Amend rule 681—3.39(8A) as follows:681—3.39(8A) Administration of the pay plan. Within the provisions of these rules, the pay plan will be uniformly administered by the resident directors under the direction of the merit system director for all classifications in the system. Except as otherwise provided in these rules and in the pay plan, all employees will be paid between the minimum and maximum of the pay grade to which the employee’s classification is assigned and such pay will constitute the total cash remuneration the employee receives for the employee’s work in that position. Any employee who is approved for participation in a phased retirement program as provided for by state law and regent policy shall have the salary provided under these rules adjusted as specified by such law and regent policy.In instances where more than one rule for pay is applicable, the resident director may apply the rule that is most appropriate for the situation. 3.39(1) Entrance salaries. The entrance salary for an employee in any position under this system will be the minimum salary of the pay grade to which that classification is assigned or in accordance with the approved pay plan, except as provided for the following: a. Appointment based on a scarcity of qualified applicants.At the request of an institution and on the basis of economic or employment conditions which make it difficult or impossible to recruit at the minimum rate of the pay grade to which a classification of position is assigned, a resident director, subject to approval by the merit system director, may authorize for a designated period of time recruitment for that classification at a rate higher than the minimum. Where such a higher entrance rate is authorized all employees in the same classification and in the same geographical area, who are earning less than the higher entrance rate, will be increased to that higher rate. b. Appointment based on exceptional qualifications.Employees whose qualifications substantially exceed the minimum required for the classification or who possess outstanding experience relative to the demands of the position may, at the request of an employing department and upon approval by the resident director, be appointed at a rate higher than the minimum, provided that the pay of all other employees in the same classification as defined in 3.104(4)“e” with similar qualifications working under the same conditionsas defined in 3.104(4)“h” at the same institution are raised to that higher rate. These appointments along with any salary adjustments required of other employees other than the appointee must be reported to the merit system director. Increases authorized and granted to other employees as the result of appointments based on the scarcity of qualified applicants, 3.39(1)“a,” or appointments based on exceptional qualifications, 3.39(1)“b,” will establish new merit review dates for affected employees.In the event that a substantial inequity is created due to a change to a merit review date, the resident director may determine that no change should be made to the merit review date or that an alternate merit review date should be established. c. Appointments based on prior service at the institution.Employees who were employed by an appointing institution in a nonmerit system position and who performed duties of the same character and responsibility as the merit classification to which they are being appointed may be paid at a rate higher than the minimum reflecting prior service in a comparable position. Such appointments must be approved by the resident director and reported to the merit system director. 3.39(2) Merit increases. Employees with satisfactory performance shall be eligible to receive a merit increase upon completion of their minimum pay increase eligibility period. The minimum pay increase eligibility period for employees shall be 12 months from their last performance review, except that it shall be 6 months for an employee who is appointed, promoted, or reclassified and paid at the minimum rate for the employee’s assigned pay grade. Failure to conduct a performance review shall result in the employee being deemed to have performed satisfactorily during this period. No merit increase will be granted above the maximum of the pay grade. Merit increases in pay will not be made retroactively but may be denied or deferred by the employing department on the basis of work performance. Employees whose merit increases are denied or deferred will be informed of such action by a written statement from their employing department which specifies the reason(s) for the action. Deferrals of a merit increase for six months or less for reason of unsatisfactory work performance will not result in the establishment of a revised merit review date.Deferrals resulting from leaves of absence without pay or layoff exceeding 30 calendar days will cause a change of the merit review date equal to the time away from work. 3.39(3) Pay on promotion. An employee who is promoted will be moved to the minimum rate of the new grade, or to an equal or higher rate in the new grade that is no greater than 5 percent higher than the employee’s current base pay without approval of the merit system director. In no event will the adjustment result in pay above the maximum of the new grade.If the promotion involves movement to a new grade that is three or more grades higher than the employee’s present grade, the resident director may approve, on written request from the employing department, an increase to the employee’s present base pay of no greater than 10 percent without the approval of the merit system director.For the purpose of calculating the promotional increase, any extra pay such as shift differential pay, pay for special assignment, pay for lead worker status, on-call pay, pay for overtime, or pay for call back shall be excluded as part of the employee’s present base pay. The minimum pay increase eligibility period will be computed from the effective date of promotion and in accordance with 3.39(2). Pay on promotion in accordance with the provisions of 3.39(1)“b” may be authorized by a resident director and will be reported to the merit system director. 3.39(4) Pay on demotion. Upon recommendation by the department head, and with the prior approval of the resident director, the pay of an employee who is demoted will be set at any rate within the new pay grade that does not exceed the rate at which the employee was paid in the position from which the employee was demoted except as provided in 3.39(1)“b.” Minimum increase eligibility period will not change.If the salary of an employee who is demoted as the result of the reclassification of the employee’s position exceeds the maximum salary of the pay range to which the new classification is assigned, at the discretion of the employing department and with the approval of the resident director, the salary may be “red-circled” for a period not to exceed one year. The resident director may request an extension be approved by the merit system director due to extraordinaryspecial circumstances for a designated period of time.If an employee accepts voluntary demotion in lieu of layoff, the salary shall be retained providing funding is available. In no event will the salary exceed the maximum of the new pay grade. 3.39(5) Pay on reinstatement, reemployment or return from leave. a. An employee who is reinstated will be paid at a rate no greater than what the employee was last paid, plus any across-the-board increases that would have occurred during the time of nonemployment, and between the minimum and maximum of the pay grade. An employee who is returned to a merit system position from a professional position, will be paid in accordance with subrule 3.39(4), pay on demotion. The date of reinstatement will be the merit review date. b. An employee who is reemployed to the previously occupied class will be paid at a rate no greater than what the employee was last paid, plus any across-the-board increases that would have occurred during the time of nonemployment, and between the minimum and maximum of the pay grade. When a merit increase has been granted to an employee in a position taken through voluntary demotion in lieu of layoff and the merit increase results in a higher rate of pay than last paid to the employee prior to the voluntary demotion in lieu of layoff, the employee may be reemployed to the previously occupied class with the higher rate of pay. Reemployment to the previously occupied class from a position taken as a voluntary demotion in lieu of layoff will not be considered a promotion. The merit review date will not change as a result of the voluntary demotion in lieu of layoff, nor as a result of reemployment to the previously occupied class from a position taken as a voluntary demotion in lieu of layoff. c. An employee who is reappointed to the previously occupied position or a position in the same class on conclusion of a leave without pay will be paid in accordance with the provisions concerning pay on reemployment as provided above. 3.39(6) Pay for special assignment. Provided an employee is granted special assignment in accordance with 3.102(2), the employee will be paid for the duration of such assignment consistent with: a. 3.39(3) Pay on promotion if assigned to a classification having a higher pay grade; b. 3.39(7) Pay on transfer if assigned to a classification having the same pay grade; c. The present base pay if assigned to a classification having a lower pay grade. 3.39(7) Pay on lateral transfer. a. Employees who are transferred from one position to another position in the same classification shall receive no adjustment in base pay except as provided in 3.39(1)“b”; b. Employees who are transferred from one position to another position in a different classification but in the same pay grade shall receive no adjustment in base pay except as provided in 3.39(1)“b” or as set forth in 3.39(7)“c” and “d” below; c. Employees who are transferred from one classification with a lower or no advanced starting rate to a classification with a higher advanced starting rate shall receive: (1) An adjustment to the higher advanced starting rate if the base pay prior to lateral transfer is less than the higher advanced starting rate. When the base pay adjustment is the salary equivalent of the value of a step or greater, an adjustment in merit review date will result and be computed from the effective date of lateral transfer and in accordance with 3.39(2); or (2) There will be no adjustment in base pay if the employee’s base pay prior to lateral transfer is not less than the higher advanced starting rate. d. Employees who are transferred from one position in a classification with a higher advanced starting rate to a position in a classification in the same pay grade but with a lower or no advanced starting rate shall be paid in accordance with subrule 3.39(4), pay on demotion. e. In no case may an employee be paid below the minimum or above the maximum for a classification. 3.39(8) Pay upon change in pay grade of class. If the class is revised and reassigned to a higher pay grade, subrule 3.39(3), pay on promotion, will apply.If the class is revised and reassigned to a lower pay grade, subrule 3.39(4), pay on demotion, will apply. 3.39(9) Pay for part-time employment. Pay for part-time employment will be proportionately equivalent to the rate for full-time employment. 3.39(10) Pay for exceptional performance. An employee may be given pay for exceptional performance, not to exceed 510 percent of an employee’s current annual salary, at the written request of the employee’s department head with appropriate administrative approval and the prior approval of the resident director. The request will describe the nature of the exceptional job performance for which additional pay is requested, indicate the amount proposed, and specify the source of funds. The award may be based on sustained superior performance or an exceptional achievement or contribution during the period since the employee’s last performance review. To qualify for an exceptional performance award, an employee must have a cumulative performance evaluation exceeding standards and have no individual rating below satisfactory. Payment will be made as a lump sum award and will not change the employee’s established salary rate. An employee will be eligible to receive multiple rewards per fiscal year but not to cumulatively exceed 510 percent of the employee’s current annual salary. 3.39(11) Pay for call back. Employees who are called back to work after completing their regular work schedule will be paid for a minimum period of three hours, regardless of the time worked. Employees who are called back and work in excess of three hours will be paid the actual time worked. 3.39(12) Pay for lead worker status. On request of an employing department and with approval of the resident director, an employee who is assigned and performs limited supervisory duties (such as distributing work assignments, maintaining a balanced workload within a group, and keeping attendance and work records) in addition to regular duties may be designated as lead worker in the classification assigned, and paid during the period of such designation the employee’s base salary plus, at the discretion of the institution, a percentage of the employee’s base pay no greater than 5 percent without the approval of the merit system director. 3.39(13) Pay for trainees and apprentices. The schedule of wages for trainees and apprentices will be set at the minimum of the entrance rate of the journey classification and decreased by 4.5 percent for every year of the program. Each employee whose performance is satisfactory as determined by the employing department will progress by half of the annual increase every six months from the first step of the schedule to the entrance rate established for the journey classification at the completion of time established for training or apprenticeship. 3.39(14) Pay for returning veterans. Veterans who return from military leave will have their pay set by applicable federal law. 3.39(15) Discretionary pay increases for permanent employees. Permanent employees paid within the designated pay grade may be eligible for a discretionary increase to their present base pay as a result of a market analysis, equity analysis, employment offer or other employment situation. In no circumstance will the adjustment result in pay above the maximum of the pay grade. A resident director shall present the rationale for a discretionary pay increase to the merit system director for approval by the merit system director. 3.39(16) Payment of a shift differential. All employees will be paid a shift differential for any shift of which four or more hours occur between 6 p.m. and midnight and a shift differential for any shift of which four or more hours occur between midnight and 6 a.m. The amount of the shift differential paid shall be determined by the merit system directorand may vary between or within institutions based on geographical or market differences. 3.39(17) Pay for time on-call. At the request of the employer, employees who are off duty and free to engage in their own pursuits shall be considered on-call, provided (a) that they leave word with the employer where to be reached if needed, and (b) that they are able to report ready for work within a specified time after being contacted by the employer. The rate for on-call pay shall be determined by the merit system director. 3.39(18) Pay on reclassification of position. If a position is reclassified, the incumbent’s pay will be fixed in accordance with the rules governing pay on demotion, reemployment, transfer, or promotion, whichever is applicable. 3.39(19) Recruitment or retention payments. A payment to a job applicant or an employee may be made for recruitment or retention reasons. The resident director shall first submit a written explanation to the merit system director prior to any payment being made.As a condition of receiving recruitment or retention pay, the recipient must sign an agreement to continue employment with the employing department to be commensurate with the amount of the payment. If the recipient is terminated for cause or voluntarily leaves state employment, the recipient will be required to repay the employing department for the proportionate amount of the payment for the time remaining and it will be recouped from the final paycheck. When the recipient changes employment to another state agency, a repayment schedule must be approved by the employing department and the state agency. Recoupment will be coordinated between the state agency and the institution to ensure the proper reporting of taxes. 3.39(20) Emergency payments. When a state of emergency has been declared to exist at an institution, an employee may be given emergency pay at the written request of the employee’s department head with appropriate administrative approval and the prior approval of the merit system director and executive director. The request will describe the nature of the state of emergency, the services provided by the employee in support of the management of or response to the state of emergency, the amount proposed, and the source of funds. Payment will be made as a lump sum award and will not change the employee’s established salary rate. This rule is intended to implement Iowa Code section 8A.413. ITEM 4. Amend rule 681—3.85(8A) as follows:681—3.85(8A) Term appointment. When it is known that a particular job, project, grant or contract will require the services of an employee for a limited duration or where funding must be renewed periodically, a term appointment may be made. The initial appointment will not be made for more than one year. Renewals beyond one year may be approved by the resident director on the basis of funding availability or institutional limits on term appointments.Employees on a term appointment are subject to a probationary period. An employee on term appointment subsequently hired as a regular employee in the same classification is not required to complete an additional probationary period.Such appointments will not confer to the individual any right of position, transfer, demotion, promotion, or recall, but incumbents shall be eligible for vacation and sick leave, except that a term appointment made for less than 780 hours will be considered a temporary appointment under rule 681—3.82(8A) without conferring rights or eligibility for vacation or sick leave. This rule is intended to implement Iowa Code section 8A.413(9). [Filed 9/16/21, effective 11/10/21][Published 10/6/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/6/21.ARC 5948CRegents Board[681]Adopted and FiledRule making related to traffic and parking at universities
The Board of Regents hereby rescinds Chapter 4, “Traffic and Parking at Universities,” Iowa Administrative Code, and adopts a new Chapter 4 with the same title.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 262.9 and 262.69.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 262.69.Purpose and Summary This rule making rescinds Chapter 4 and creates a new Chapter 4 for traffic and parking that consolidates the three separate institutional rules into a single rule and clarifies that citation schedules are subject to Board approval.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 16, 2021, as ARC 5696C. The Board received one comment inquiring as to the rationale for removing the schedule of traffic and parking fees from the administrative rules. The Board provided comment in response to this inquiry during the July 13, 2021, meeting of the Administrative Rules Review Committee. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on September 16, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to rule 681—19.18(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 November 10, 2021. The following rule-making action is adopted:
ITEM 1. Rescind 681—Chapter 4 and adopt the following new chapter in lieu thereof: CHAPTER 4TRAFFIC AND PARKING AT UNIVERSITIES681—4.1(262) Purpose. The purpose of these rules is to provide for the policing, control and regulation of traffic and of parking vehicles on the campuses of the state University of Iowa, Iowa State University and the University of Northern Iowa.681—4.2(262) Definitions. For the purpose of these rules, the following definitions shall apply unless the context clearly requires otherwise, and all other words shall have meaning according to their common usage. "Appointed authority" means the person or entity designated by the president of a university to perform any function or duty required or permitted hereunder. "Bicycle" means any vehicle having two or three wheels and fully operable pedals that is a traditional bicycle designed solely to be pedaled by the rider. An electric/battery-powered bicycle designed not only to be pedaled by the rider but also propelled by an electric motor of less than 750 watts (one horsepower) may be treated as a bicycle and may be parked at bicycle racks. "Campus" means all property under the control of a university. "Employee" means any person regularly employed by a university who is not a student. "Guest" means any person other than a person living at the designated residence hall. "Handrail" means any railing intended to provide physical support to a pedestrian. "Immobilization" of a bicycle consists of restricting the bicycle’s use by detaining it at the point of infraction with a university locking device. "Impoundment" of a bicycle consists of removing the owner’s locking device, transporting the bicycle to a university facility, and detaining it with a university locking device. "In-line skates" means any frame or shoe with a single row of wheels that is used for gliding or skating. In-line skates are also known as roller blades. "Motorcycle" "moped" or "motorized bicycle" means any vehicle that is self-propelled, has fewer than four wheels in contact with the ground, and is not a bicycle or an electric bicycle. For purposes of these rules, a moped or motorized bicycle is considered a motorcycle. "Motor vehicle" means any vehicle that is self-propelled and has four or more wheels in contact with the ground. "Roller skates" means any frame or shoe with a pair of small wheels near the heel and near the toe that is used for gliding or skating. "Skateboard" means any board or platform with attached wheels used for individual transportation. For purposes of these rules, a nonmotorized scooter (a board with a handle) is considered a skateboard. "Street furniture" is any structure or accessory in a university pedestrian area or slow zone designed for the benefit of pedestrians. This includes, but is not limited to, benches, tables, lampposts, and trash receptacles. "Student" means any person registered with the university for academic credit who is not employed by the university on a full-time salaried or equivalent basis. "University," unless specifically indicated herein, means the state University of Iowa, Iowa State University or the University of Northern Iowa. "Vehicle" means any wheeled or treaded device used or designed for use as a means of transportation or conveyance of persons or property. "Visitor" means any person who owns, operates or parks a vehicle on the university campus who is not a student or an employee.681—4.3(262) General traffic. 4.3(1) The appointed authority shall establish rules governing traffic violations and the safe operation of all vehicles, including motor vehicles, motorcycles, skateboards, in-line skates, roller skates and bicycles, on institutional roads and property as the director deems necessary. Such traffic rules shall be available for inspection during business hours at the office of the appointed authority and the board of regents. Traffic violations may also be charged and prosecuted as violations of Iowa Code chapter 321 and section 262.68. All state of Iowa motor vehicle laws are in effect on campus. 4.3(2) The appointed authority shall erect speed limit signs in conformity with maps of the institutional roads and property of the university designating such speed limits as adopted by the board of regents. The maps will be available for inspection during business hours at the office of the appointed authority and the board of regents. 4.3(3) The appointed authority is delegated authority to make temporary changes in traffic patterns, including establishment of one-way roads and road closures, where necessary because of construction or special events being held on campus. 4.3(4) The appointed authority is delegated authority to erect traffic control signs and devices, and to designate pedestrian crosswalks and bicycle lanes, as well as no bicycling and no skateboard, in-line skating and roller skating areas; bicycle dismount zones and pedestrian-only areas. All vehicle operators must obey all signs directing traffic flow on campus. 4.3(5) Pedestrians shall be given the right-of-way at all crosswalks or when in compliance with existing traffic controls. 4.3(6) Driving of vehicles, motor vehicles, and motorcycles on university property other than roads is prohibited, unless specific areas have been designated for such use by the appointed authority or special permission has been granted by the appointed authority for emergency conditions. 4.3(7) Driving of vehicles, motor vehicles, and motorcycles on parts of institutional roads marked as bicycle lanes or on designated bicycle paths is prohibited. 4.3(8) The appointed authority is delegated authority to have the university public safety department investigate accidents which occur on university property. 4.3(9) Every person riding a bicycle on a street or highway on campus is granted all the privileges and is subject to all the regulations applicable to a driver of any motor vehicle on that street or highway and to the special regulations of this subrule. a. A bicycle rider on campus must: (1) Obey the instructions of official traffic control devices, signs and signals applicable to motor vehicles, unless otherwise directed by a peace officer or other authorized traffic director; (2) Obey the direction of any sign whenever authorized signs are erected indicating that no right, left or U-turn is permitted; (3) Obey the regulations applicable to pedestrians when the bicycle rider dismounts from the bicycle; (4) Yield the right-of-way to all vehicles approaching on a street whenever a rider is on a separate bicycle path that intersects the street; (5) Not use campus sidewalks except those specifically designated as bicycle paths; (6) Yield the right-of-way to any pedestrian in a designated crosswalk; (7) Not ride on lawns. b. This subrule does not apply to peace officers of the university’s department of public safety while they are acting within the scope of their regularly assigned duties. 4.3(10) Roller skates, roller blades and skateboards are permitted on campus sidewalks. Roller skates, roller blades and skateboards are not permitted on or in university structures or buildings; on stairways, sub-walks, elevated sidewalks, access ramps, steps, retaining walls, handrails or other architectural elements; on or in planting, grass or seeded areas; or where otherwise prohibited by sign, peace officer or other authorized traffic director. Any person on roller skates, roller blades or a skateboard must yield the right-of-way to any wheelchair or other mobility assistance device for the disabled, pedestrian or bicycle.681—4.4(262) Registration. Motor vehicles and motorcycles shall be registered as follows: 4.4(1) Students. Any student who operates, maintains or owns a motor vehicle or motorcycle on university property is responsible for the proper registration of the vehicle and the display of the university registration identification thereon. Every motor vehicle and motorcycle which is operated or maintained by a student on campus must be registered with the university, and a registration identification must be displayed on the vehicle in the manner prescribed by the appointed authority. A student must register the vehicle within 48 hours of initial operation of the vehicle on campus. 4.4(2) Employees. Motor vehicles and motorcycles owned or operated by employees may be registered with the university if the employee so desires, but registration of such vehicles is not required unless the employee desires parking privileges on the campus. A registration identification may be issued for display on vehicles registered by employees. 4.4(3) Visitors. Vehicles owned or operated by visitors may be registered with the university if the visitor so desires, but registration of these vehicles is not required unless the visitor desires parking privileges on campus or the visitor needs temporary or extended access to parking lots. A registration identification shall be displayed on vehicles registered by visitors in the manner prescribed by the university. 4.4(4) Procedure. Applications for registration shall be submitted to the appointed authority in the manner the appointed authority prescribes. No student shall register any vehicle owned or actually maintained by another student. No fee shall be charged for registration without parking privileges. 4.4(5) Bicycles. Each university may prescribe additional policies regarding the registration of bicycles.681—4.5(262) Parking facilities. The university may set aside and designate certain areas of the campus for the parking of motor vehicles, motorcycles, and bicycles, and the use of any lot, ramp, or part of the parking facilities so established may be restricted to students, employees, or visitors. The appointed authority shall cause signs to be erected and maintained clearly identifying those areas of the university campus designated for vehicle parking, and any restrictions applicable thereto shall be conspicuously posted. 4.5(1) Parking control devices. Gates and other devices may be installed and maintained to control access to any parking facility. 4.5(2) Parking meters. Parking meters, toll houses, and other devices may be installed and maintained to regulate the use of any parking facility. 4.5(3) Hours of operation. Reasonable hours shall be established by the university for the normal operation of the parking facilities, and a schedule of hours of operation shall be published and available for public inspection in the office of the appointed authority. 4.5(4) Closing. The appointed authority may temporarily close any parking facility for cleaning, maintenance or other university purpose, or may temporarily restrict or reassign the use of any facility as may be necessary or convenient. The appointed authority shall give advance notice of such temporary closing, restriction, or reassignment by posting or otherwise when practical. No parking fees will be refunded during the temporary closing of a parking facility. 4.5(5) Restricted areas. The appointed authority is delegated authority to restrict access to campus streets, parking lots and other facilities by means of gates or other barriers. Streets or portions of streets may be closed to vehicle traffic or limited to specific vehicles. Access to restricted areas is limited to established gate openings or designated entrances, and no other means of access is permitted. Moving or driving around authorized barriers is prohibited. 4.5(6) Restricted zones. The appointed authority may designate areas of the campus as restricted zones, such as loading zones or service vehicle zones, and such restricted zones shall be conspicuously posted. No parking shall be permitted in such restricted zones except as authorized. 4.5(7) No parking. Motor vehicle and motorcycle parking on the campus shall be restricted to designated parking facilities, and no parking for motor vehicles and motorcycles shall be permitted at any other place on the campus. a. Vehicles shall not be parked in such a manner as to block or obstruct sidewalks, crosswalks, driveways, roadways, or designated parking stalls. b. No parking is permitted in prohibited zones, such as in the vicinity of fire hydrants or fire lanes, and such zones shall be conspicuously posted or marked by painted curbs or other standard means. c. No parking is permitted on grass or other vegetation or in pedestrian areas. d. Motor vehicles are not allowed in university buildings except: (1) Where a shop or garage is designated as a vehicle repair or storage area; (2) Where there is a designated vehicle loading area; or (3) Where there is a parking ramp or deck. e. Improper parking is parking in any place on campus other than those areas designated for parking. f. Improper parking is parking incorrectly in designated parking areas. Improper parking includes, but is not limited to: (1) Parking in an area restricted by signs; (2) Parking without an appropriate permit; (3) Parking in an area designated for persons with disabilities; (4) Parking in a loading zone over the time limit; and (5) Parking over a stall marker line. 4.5(8) Motorcycle and moped parking. The appointed authority may designate areas of the parking facilities for motorcycle parking, and such areas shall be conspicuously posted. Motorcycles shall be parked only in areas designated for motorcycle parking, and no other vehicles shall be parked in such areas. The university may require that a parking permit be displayed on all motorcycles and mopeds. 4.5(9) Bicycle parking. The appointed authority may install and maintain bicycle parking racks or designate other facilities for bicycle parking. Bicycles shall be parked only in bicycle racks or other facilities designated for bicycle parking. Improperly or illegally parked and abandoned bicycles may be impounded. Locking devices may be cut and removed when necessary. Bicycles may not be taken inside university buildings except as approved by the appointed authority. 4.5(10) Violations. Bicycles attached to, or rested against, trees, shrubs, handrails, or handicapped parking meters, or limiting access to, or use of, any university facility may be impounded, the owners fined, or both. Bicycles parked inside a university building that is not designated for bicycle parking may be impounded or the owners fined, or both. Bicycles bearing proper registration decals that are attached to, or rested against, street furniture may be ticketed or immobilized and the owners fined. If the bicycles interfere with the use of the furniture, they may be impounded. Bicycles considered abandoned may be labeled for impending impoundment by placing impoundment tags on the bicycles. If the bicycles display the proper registration decals, an attempt will be made to contact the owners to remove the bicycles. If the bicycles do not display the proper registration decals, the owners have two weeks to contact the parking and transportation office from the time the bicycles are tagged until the bicycles may be impounded.681—4.6(262) Parking privileges. Students and employees may be granted parking privileges on the campus in accordance with these rules and upon such other reasonable terms and conditions as may be established by the university. 4.6(1) Students. Students may be granted parking privileges in parking facilities designated for student use. Optional plans and facilities may be offered as determined by the appointed authority. Reasonable classifications may be established on the basis of a student’s age, class, college or department, course load, proximity of the student’s residence to the campus, physical disability, employment, the availability of facilities, or any other relevant criterion to determine the eligibility of students for parking privileges or any optional plan or facility. 4.6(2) Employees. Employees may be granted parking privileges in parking facilities designated for employee use. Optional plans and facilities may be offered as determined by the appointed authority. Reasonable classifications may be established on the basis of an employee’s job classification, length of service, place of work or the nature thereof, or physical disability; the availability of facilities; or any other relevant criterion to determine the priority of employees for assignment of parking privileges or any optional plan or facility. 4.6(3) Visitors. Visitors may be granted parking privileges in parking facilities designated for visitor parking. Optional plans and facilities may be offered as determined by the appointed authority. Reasonable classifications may be established on the basis of the time, duration or purpose of the visit; physical disability; the availability of facilities; or any other relevant criterion to determine the eligibility of visitors for parking privileges or any optional plan or facility. 4.6(4) Persons with disabilities. Persons with disabilities will be granted parking privileges in parking facilities designated for use by persons with disabilities. 4.6(5) Procedure. Applications for parking privileges shall be submitted to the appointed authority in the manner the appointed authority prescribes. No student shall apply for parking privileges for any vehicle owned or actually maintained by another student. The appointed authority shall determine the eligibility and priority of each applicant for parking privileges within the classifications established in subrules 4.6(1), 4.6(2) and 4.6(3) and shall make all parking assignments. A parking permit or other means of identification may be issued to each applicant who is granted parking privileges, and such permit or other identification must be displayed on the vehicle in the manner prescribed by the appointed authority. Parking permits are not transferable. Parking privileges shall not be granted to a student and to an employee or visitor for the same vehicle, and a student parking permit and an employee or visitor parking permit shall not be displayed on the same vehicle. The unauthorized possession, use, alteration, forging or counterfeiting of a parking permit, or any portion thereof, is prohibited. The appointed authority shall adopt a procedure to replace lost, stolen and destroyed parking permits and controlled access entry cards. 4.6(6) Parking fees. The university may assess and collect from students, employees, and visitors reasonable fees or charges for parking privileges and the use of parking facilities. The amount of such fees and charges shall be established by the university and approved by the board of regents, and a schedule of all parking fees and charges shall be published and available for inspection during normal business hours in the office of the appointed authority and in the office of the board of regents. Parking fees and charges may be assessed and collected on an annual, semester, monthly, or hourly basis. Parking fees and charges may be added to student tuition bills and may by agreement be withheld from the salaries or wages of employees by payroll deduction. Parking fees and charges may be collected by means of parking meters or toll houses. Use of any parking facility constitutes an implied agreement to pay the prescribed fee or charge therefor. 4.6(7) University business. Special parking privileges may be granted for vehicles being used on official university business on the conditions and in the manner prescribed by the appointed authority. 4.6(8) Responsibility. Any person who maintains, owns or operates a vehicle that is parked on the campus or in whose name the vehicle is registered or to whom parking privileges have been granted is responsible for the proper parking of the vehicle at all times when it is on the campus and for all parking violations involving the vehicle. 4.6(9) Liability. Parking privileges granted hereunder constitute a license to use university parking facilities and do not constitute a lease of such facilities or a bailment of the vehicle by the university. Use of university parking facilities is at the owner’s or applicant’s risk, and the university shall not be liable or responsible for loss of or damage to any vehicle parked on the campus. 4.6(10) Revocation. Parking privileges on the campus may be revoked by the university for good cause at any time upon five days’ written notice and refund of any advance payment of parking fees or charges on a pro rata basis for the revoked period.681—4.7(262) Violations. Sanctions may be imposed for violation of traffic, registration and parking rules as follows: 4.7(1) Notice of violations. The university shall give written notice of all parking violations. Such notice may be given by means of a notice of parking violation placed conspicuously on the offending vehicle or provided in an alternative manner as determined by the appointed authority, and such notice shall constitute constructive notice of the violation to the owner and operator of the vehicle and to any person in whose name the vehicle is registered or parking privileges have been granted. 4.7(2) Sanctions. Reasonable monetary sanctions may be imposed upon students, employees, and visitors for violation of university traffic, vehicle registration or parking rules. The amount of such sanctions shall be established by the university and approved by the board of regents, except sanctions established by statute will be imposed at the current statutory amount. A schedule of all sanctions for traffic violations, improper registration and parking shall be published and available for public inspection during normal business hours in the office of the appointed authority and in the office of the board of regents. Traffic, registration, and parking sanctions may be assessed against the owner or operator of the vehicle involved in each violation or against any person in whose name the vehicle is registered or parking privileges have been granted and charged to the person’s university account. Registration and parking sanctions may be added to student tuition bills or may be deducted from student deposits or from the salaries or wages of employees or from other funds in the possession of the university. 4.7(3) Impoundment and immobilization. Any vehicle parked on the campus in violation of parking rules may be impounded, removed or immobilized. The university shall give written notice of impoundment to the owner of the vehicle or to the person in whose name the vehicle is registered or parking privileges have been granted or notice may be provided in an alternative manner as determined by the appointed authority. A reasonable fee may be charged for the cost of impoundment and storage, which fee must be paid prior to the release of the vehicle by the university or by contract with private operators. Impounded vehicles that are not claimed within 60 days will be deemed abandoned property and may be sold under procedures set forth in Iowa Code chapter 579, and the proceeds of the sale will be applied to the payment of the costs of impoundment, storage and sale. The balance, if any, shall be sent to the owner. a. Immobilization.Immobilized bicycles bearing proper registration permits may be claimed by proving ownership and payment of immobilization fees and any fines. Immobilized bicycles not bearing proper registration permits may be claimed by proving ownership, registering the bicycle under a valid name and address, and paying the appropriate fines and immobilization fees. Immobilization fees for first-time offenders may be waived after immobilized bicycles have been registered. Immobilized bicycles not reclaimed after two working days may be impounded. b. Impoundment.Impounded bicycles bearing proper registration permits may be claimed by proving ownership and paying the impoundment fees and any fines. Impounded bicycles not bearing proper registration permits may be claimed by proving ownership, registering the bicycles under a valid name and address, and paying the appropriate fines and impoundment fees. Impoundment fees for first-time offenders may be waived after impounded bicycles have been registered. All impounded bicycles will be held for 60 days, during which time they may be claimed by the owners upon payment of all outstanding fines and charges. After 60 days, all unclaimed impounded bicycles will be deemed abandoned property and sold pursuant to Iowa law, and the proceeds applied to the costs of impoundment, storage and sale. The balance, if any, shall be sent to the owner, if known. 4.7(4) Administrative hearing. Students and employees may request a hearing and administrative ruling concerning a controversy, based on the imposition of a sanction for a registration or parking violation, or an impoundment procedure, by the appropriate university official or hearing body as set forth in university policy. Visitors may request the appointed authority to conduct a hearing and issue an administrative ruling in such cases. 4.7(5) Judicial review. Judicial review of an administrative ruling may be sought in an Iowa district court in accordance with the terms of the Iowa administrative procedure Act.681—4.8(262) Administration of rules. The president of the university shall be responsible for the proper administration of these rules. The president is authorized to establish traffic and parking procedures not inconsistent with these rules as may be reasonably necessary and convenient for the effective administration of presidential duties hereunder, and any procedure so established shall be published and available for public inspection during normal business hours in the office of the appointed authority and in the office of the board of regents. The president may delegate authority under these rules to the appointed authority or to any other person designated by the president to perform any function or duty hereunder.681—4.9(262) Effect of rules. These rules constitute a condition of registration as a student at the university and a condition of employment as an employee of the university. Registration as a student or acceptance of employment constitutes an acceptance of these rules and an agreement to pay all prescribed fees and monetary fines imposed in accordance with these rules. Rules 681—4.1(262) to 681—4.9(262) are intended to implement Iowa Code section 262.69. [Filed 9/16/21, effective 11/10/21][Published 10/6/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/6/21.ARC 5949CRegents Board[681]Adopted and FiledRule making related to equal employment opportunity
The Board of Regents hereby amends Chapter 7, “Equal Employment Opportunity, Affirmative Action, and Targeted Small Business,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 262.9(3).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 19B.3.Purpose and Summary The amendments to Chapter 7 update references to be consistent with the Iowa Civil Rights Act and current institutional practice and rescind language related to targeted small business.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 16, 2021, as ARC 5697C. 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 September 16, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to rule 681—19.18(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 November 10, 2021. The following rule-making actions are adopted:
ITEM 1. Amend 681—Chapter 7, title, as follows:EQUAL EMPLOYMENT OPPORTUNITY, AFFIRMATIVE ACTION, AND TARGETED SMALL BUSINESS ITEM 2. Amend rule 681—7.1(262), introductory paragraph, as follows:681—7.1(262) Equal opportunity policy. It is the policy of the board of regents, hereinafter board, to provide equal opportunity in all aspects of regent operations to all persons without regard to race, creed, color, religion, sex,gender identity, sexual orientation, national origin, age, or status as aprotected veteran of the Vietnam era, or physical or mental disability except where it relates to a bona fide occupational qualification. The board of regents and all officials who are responsible to the board of regents shall take affirmative action in personnel administration to overcome the effects of past or present practices, policies, or other factors which serve as barriers to equal employment opportunity. Contractors doing business with the board of regents shall take affirmative action to ensure that all persons without regard to race, creed, color, religion, sex,gender identity, sexual orientation, national origin, age, or status as aprotected veteran of the Vietnam era, or physical or mental disability except where it relates to a bona fide occupational qualification above are effectively afforded equal employment opportunities. Institutions under the governance of the board of regents shall provide opportunities for minority and women businesses in the awarding of contracts through a procurement set-aside program as authorized by statute. ITEM 3. Rescind and reserve subrule 7.1(2). ITEM 4. Amend paragraph 7.2(2)"a" as follows: a. Each institution and the board office shall regularly review its personnel practices and procedures with a view to correcting personnel practices and procedures which may contribute to discrimination in appointment, assignment, or advancement. Each institution shall conduct programs of job orientation and provide training and organizational structure for upward mobility and shall place emphasis upon fair practices in employment. Each institution shall also bar from all employment application forms any inquiry as to race, creed, color, religion, sex,gender identity, sexual orientation, national origin, age, or status as aprotected veteran of the Vietnam era, or physical or mental disability, except for statistical purposes, unless it relates to a bona fide occupational qualification. The employment practices of the board of regents shall be in strict conformity to the provisions of all federal and state laws, executive orders, and rules and regulations of the board of regents and of its institutions which pertain to equal employment opportunity and affirmative action. ITEM 5. Amend rule 681—7.4(262) as follows:681—7.4(262) State educational, counseling, and training programs. All educational and vocational guidance programs and their essential components, counseling and testing and all on-the-job training programs for the employees of regent institutions and the board office shall be administered in accordance with the provisions of all federal and state laws, executive orders, and rules and regulations of the board of regents and of its institutions which pertain to equal employment opportunity and affirmative action. Every official responsible for the implementation of such programs shall be charged with the duty of seeking to provide equal opportunity for all, regardless of race, creed, color, religion, sex,gender identity, sexual orientation, national origin, age, or status as aprotected veteran of the Vietnam era, or physical or mental disability except where it relates to a bona fide occupational qualification. This rule is intended to implement Executive Order number 15 of 1973. ITEM 6. Amend rule 681—7.6(262) as follows:681—7.6(262) Contract compliance. 7.6(1) Equal employment opportunity. The state board of regents and the institutions under its jurisdiction are responsible for the administration and promotion of equal opportunity in contracts and services and the prohibition of discriminatory and unfair practices within any program administered by institutions under the board of regents receiving or benefiting from state financial assistance in whole or in part. Every official responsible to the board of regents who is authorized to make contracts or subcontracts for public worksconstruction or for goods or services shall cause to be inserted into every such contract or subcontract a clause in which the contractor or subcontractor is prohibited from engaging in discriminatory employment practices forbidden by federal and state laws, executive orders, and rules and regulations of the board of regents and of its institutions which pertain to equal employment opportunity and affirmative action. Contractors, vendors, and suppliers shall further be required to submit or have on file with the board of regents’ equal employment opportunity compliance office a copy of their affirmative action program containing goals and time specifications. These contractual provisions shall be fully monitored and enforced. Any breach of them shall be regarded as a material breach of contract. a. Compliance shall be determined by a comprehensive review andan evaluation of a contractor’s employment policies and practices and shall depend on an analysis of all relevant factors, including the following: (1) The contractor’s publicly stated and posted policy regarding equal opportunity employment. (2) The contractor’s external dealings with unions, employment agencies, newspapers, and other sources of employees. (3) The methods by which and places where the contractor seeks to recruit employees. (4) The contractor’s use of tests and qualifications for positions which are job relatedjob-related and not culturally biased. (5) Classification and compensation plans which apply equally to all employees. (6) Training programs which provide all persons including those in the protected classes with an equal opportunity to qualify for employment and advancement. (7) The contractor’s active support of local and national community action programs. (8) The effectiveness of the contractor’s affirmative action program as evidenced, in part, by the number or percentage of persons of the protected classes employed at all levels, taking into account the geographical locations of the contractor’s work force. b. The judgment regarding compliance shall be favorable if it is determined that the contractor is working affirmatively toward extending opportunities for members of the protected classes and is not discriminating against these persons. Contractors must be able to demonstrate to the satisfaction of the compliance officer that their affirmative action program is productive. 7.6(2) Procedures. Any individual aggrieved by a contractor’s alleged noncompliance with the board of regents equal opportunity policy may file a complaint with the institutional office designated for receiving and investigating complaints of discrimination. Complaints shall be investigated in accordance with established institutional policies and procedures and shall take into consideration the compliance factors in subrule 7.6(1). a. Contractors will be sent periodically an informative statement explaining the regents’ equal employment opportunity policy. In the case of construction contracts, the statement constitutes part of the general conditions and bid specifications, and compliance with these is a condition of doing business with regent institutions. It is the intention of the regents to be fair and to avoid harassment and unnecessary reporting requirements and to be clear and firm about policy and expectations. b. Contractors are to submit periodic reports as requested by the compliance office. The report forms shall be as brief as possible and designed to elicit relevant information about employment practices. The compliance office may request other relevant information from a contractor at any time. c. The compliance office will solicit and compile additional information about present and prospective contractors from any reliable source including regent institutions, the Iowa civil rights commission, department of economic development, and other state and federal agencies. d. The compliance office shall systematically review the reports and all other available information concerning the employment practices of present and prospective contractors. Whenever there is reasonable doubt, based on such reports and information, as to whether or not a contractor is discriminating or is failing to take affirmative action in compliance with the regents’ policy, the compliance office shall undertake a compliance review of the contractor. Every reasonable effort shall be made to secure compliance through conciliation and persuasion. The burden shall be on the contractor to demonstrate compliance and eligibility to do business with the regents. e. The compliance office will receive written and signed complaints against a contractor from any person aggrieved by the contractor’s alleged discrimination. The compliance office shall promptly notify the institution involved of a complaint. The burden shall be on the complainant to prove the truth of the allegations. Cognizance will also be taken of verbal complaints, newspaper reports, and any other legitimate source, and these will be followed up if investigation appears to be justified. Award of contracts may be deferred while an investigation is pending, but executed contracts will not be suspended except in compelling situations. f. If an investigation or compliance evaluation discloses that a contractor has discriminated or has failed to take affirmative action, the executive director in consultation with regent institutions may declare the contractor ineligible unless it can otherwise be affirmatively determined that the contractor is able to comply. The executive director shall issue a written notice of ineligibility to the contractor, and give the contractor 30 days to show cause why enforcement proceedings should not be instituted. During the 30-day show cause period, every effort shall be made to effect compliance through the processes of conciliation, mediation, and persuasion. g. If the contractor fails to show good cause for failure to comply or fails to remedy that failure, the executive director in consultation with regent institutions may issue a written notice of proposed cancellation or termination of the existing contract or subcontract and debarment from future contracts and subcontracts, giving the contractor ten days to request a hearing. If a request for hearing has not been received within ten days from the notice, the contractor may be declared ineligible for future contracts and current contracts may be terminated for default following the approval of the state board of regents. h. Hearings shall be conducted by a hearing examiner appointed by the executive director of the board from a panel for hearing examiners selected and approved by the board. The hearing examiner shall submit findings of fact and conclusions to the executive director who shall make final recommendations for final action to the board of regents. i. The equal opportunity compliance officer shall promptly notify the board of regents and regent institutions when such action is pending regarding the suspension, cancellation, or termination of existing contracts or subcontracts and debarment from future contracts and subcontracts. 7.6(3) Bidding requirement. All construction specifications shall include, in the “instruction to bidders,” the following paragraph: “Bidders shall file with each bid a completed board of regents equal employment opportunity data reporting form as included in the specifications or certify on the certificate of reporting that they have filed their annual equal employment opportunity data reporting form with the board of regents equal opportunity compliance office.” ITEM 7. Rescind and reserve rule 681—7.7(73GA,ch315). [Filed 9/16/21, effective 11/10/21][Published 10/6/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/6/21.ARC 5950CRegents Board[681]Adopted and FiledRule making related to purchasing, policies, practice, and procedures
The Board of Regents hereby rescinds Chapter 8, “Purchasing,” and amends Chapter 9, “Policies, Practices and Procedures,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 262.9.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 23A and section 262.9(18).Purpose and Summary Item 1 rescinds Chapter 8. The amendments to Chapter 9 implement 2020 Iowa Acts, Senate File 2284, section 5, by removing the reference to “on campus”; amend competition policy with private enterprise to be consistent with current law; rescind the telecommunication policies and procedures not required by the Iowa Code; remove outdated language; and add the procurement policy transferred from Chapter 8.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 16, 2021, as ARC 5698C. Two comments were received questioning whether the proposed procurement policy, contained in new rule 681—9.8(262), encompasses procurement of contracts for capital improvements. The purpose of the rule is to establish the Board’s policy for the procurement of goods and services. The bidding of contracts for capital improvements is governed by Iowa Code section 262.34. In response to this comment, the Board made minor adjustments to provide clarity to the amendments. Additionally, “on campus” was stricken in Item 2. This amendment was noted in the purpose and summary section in the preamble for the Notice of Intended Action but was not included in Item 2 as published. Adoption of Rule Making This rule making was adopted by the Board on September 16, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to rule 681—19.18(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 November 10, 2021. The following rule-making actions are adopted:
ITEM 1. Rescind and reserve 681—Chapter 8. ITEM 2. Amend subrule 9.4(5) as follows: 9.4(5) Exceptions provided by statute. This prohibition does not apply to the on-campus activities of an institution under the control of the state board of regents as provided in Iowa Code section 23A.2(10)“k”(1) to (10)or any other applicable provision of Iowa law. ITEM 3. Amend paragraph 9.4(6)"i" as follows: i. Sales of books, records, tapes, software, educational equipment and supplies offered primarily to students, faculty, and staff of the institution; sales of, and personal computers and associated hardware pursuant to institutional policy and limited to students, faculty, and staff. ITEM 4. Adopt the following new paragraph 9.4(6)"j": j. Goods and services provided to other state board of regents institutions; affiliates of state board of regents institutions; federal, state, and local government entities; nonprofit organizations; entities established pursuant to Iowa Code chapter 28E; and student organizations. ITEM 5. Rescind and reserve rule 681—9.5(262). ITEM 6. Rescind and reserve rule 681—9.6(262). ITEM 7. Rescind and reserve rule 681—9.7(262). ITEM 8. Adopt the following new rule 681—9.8(262):681—9.8(262) Procurement policy for goods and services. The best interests of the state of Iowa and of the regent institutions are served through implementation of a full and free competitive purchasing system for the procurement of goods and services fostered by the use of open specifications, competitive bids or quotations, and awards to the lowest responsible bidder or to the bidder that submits the bid or quotation that provides the best overall value. The name of the successful bidder and all other bidders and the amounts bid shall be supplied to any person upon oral or written request following the execution of the prime contract(s) or agreement(s) related to the procurement. [Filed 9/16/21, effective 11/10/21][Published 10/6/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/6/21.ARC 5951CRegents Board[681]Adopted and FiledRule making related to terminology, addresses, and meetings
The Board of Regents hereby amends Chapter 11, “Board of Regents Organization and General Rules,” Chapter 12, “University of Iowa Organization and General Rules,” Chapter 13, “Iowa State University of Science and Technology Organization and General Rules,” Chapter 14, “The University of Northern Iowa Organization and General Rules,” and Chapter 16, “Iowa School for the Deaf Organization and General Rules,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 262.9.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 17A.3.Purpose and Summary Item 1 updates terminology and the Board’s address, removes outdated and unnecessary language, and clarifies the Board’s procedures for conducting meetings. Items 2 to 10 update university links to websites and update terminology. Items 11 to 23 update university links to websites and update terminology. Items 24 and 25 update the university mission statement and update terminology. Item 26 implements 2020 Iowa Acts, House File 2585, by replacing the term “hearing impaired” with “deaf and hard of hearing.” Items 4 and 27 reference the Regents Policy Manual instead of Chapter 8, which was rescinded in ARC 5950C, IAB 10/6/21. Item 27 also adds an implementation sentence to rule 681—16.7(262).Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 16, 2021, as ARC 5699C. One comment was received questioning whether proposed subrule 13.13(3) was required to be contained in the Board’s administrative rules. The proposed subrule stated that Iowa State University’s policy concerning chalking on campus may be found in the ISU policy library. Upon further consideration, the Board determined that this, and similar references to institutional policy and procedure documents, are not required to be contained in the administrative rules. In response to this comment, the Board did not adopt subrule 13.13(3) and the language regarding where to find the activities policy in Item 15 has been stricken. Item 19 of the Notice has been removed, and the subsequent items have been renumbered.Adoption of Rule Making This rule making was adopted by the Board on September 16, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to rule 681—19.18(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 November 10, 2021. The following rule-making actions are adopted:
ITEM 1. Amend rule 681—11.1(262) as follows:681—11.1(262) Organization. 11.1(1) President and president pro tem. Prior to May 1 in even-numbered years, a president shall be elected by the board of regents from its members for a two-year term to commence on May 1 in even-numbered years. A president pro tem shall be elected at the same meeting at which the board president is elected. If a vacancy occurs in the office of board president, the president pro tem shall serve as president until such time as a new president is elected by the board. If a vacancy occurs in the office of president pro tem, a successor shall be elected by the board of regents from its members as soon as practicable. 11.1(2) Duties of the president. The duties of the president include presiding at all meetings of the board, appointing members of all committees and task forces with the consent of the board of regents, executing, with the executive director, such instruments and contracts as may be ordered by the board, and performing such other duties as may be assigned by the board. The president of the board shall serve as an ex officio, nonvoting member of all standing committees. 11.1(3) Executive director. The executive director is electedappointed by the board. The duties of the executive director include recording proceedings of the board, preserving the documents and records of the board, providing a meeting agenda to the board, administering the board office, providing such staff work as may be necessary to assist the board in its planning and decision making, participating in budget preparation and presentation to the board, maintaining liaison between the board and other state agencies, providing information to the general assembly and the public, participating in the preparation and completion of matters relating to financing of capital improvements, and such other duties as may be assigned by the board.Agendas containing matters to be brought before the board together with supporting material will be assembled by the executive director. Such agendas will be indexed and included in a binder for easy reference. Assembled agendas will be forwarded to members of the board by the executive director about a week prior to any scheduled meeting.The agenda for the board meeting also will be made available to students, faculty, staff, and the general public through the board office and the public information offices at each institution prior to each board meeting. 11.1(4) Submissions and requests. Inquiries, submissions, petitions, and other requests directed to the board of regents may be made by letteror electronic message addressed to the Executive Director, Board of Regents, 11260 Aurora Avenue, Urbandale, Iowa 50322-7905executive director using the contact information available on the board of regents website.Any person may petition for a written or oral hearing before the board. All requests for a hearing must be in writing and state the specific subject to be discussed and the reasons why a personal appearance is necessary if one is requested.Students, faculty, and other employees of institutions under the control of the board must route their petitions through the chief executive officer of the institution concerned. The chief executive officer will forward the petition, with the chief executive officer’s comments, to the executive director of the board. The executive director of the board will place the item on the agenda for consideration by the board.All other persons may request hearings by written petition directly to the executive director of the board. The executive director shall cause the subject matter of the petition to be investigated, make a written report to the board, and place the item on the agenda for consideration by the boardand determine whether a request is to be granted.If the board grants a hearing, it shall be conducted in the manner prescribed by the board. The board may decide to grant a written hearing, an oral hearing, or both. 11.1(5) Adoption of rules and policies. The board of regents is the policymaking body representing the citizens of Iowa. It establishes goals and monitors progress toward those goals to ensure that the institutions under its governance accomplish their mission.The board of regents adopts rules and policies having general application to the institutions subject to its governance. The president of each institution is delegated the authority to adopt policies as may be appropriate for the operation of the individual institution and which are not inconsistent with the general rules and policies adopted by the board. The board of regents retains the authority to rescind any institutional policy. 11.1(6) Meetings. The board meets regularly throughout the year. The schedule of meetings is available frommay be established by the executive director at the address given in 11.1(4). The advance schedule of meetings is shown in each agenda that is distributed to the press and the public at the board meeting. The meeting schedule is to be set several months in advance and indicate the site at which the meetings will be held and the date(s) of the meetings. Formal notification of meeting details is given to the press about a week prior to each board meetingand will be made available to the public at the office of the board of regents and on the board of regents website.Six members of the board shall constitute a quorum for a meeting of the full board of regents. The number of votes required to constitute a majority for a given purpose shall be a majority of those present, assuming a quorum. Except where otherwise required by statute or these rules, the board shall conduct its meetings according to Robert’s Rules of Order.Members of the public are permitted to attend meetings of the board of regents to the fullest extent required by Iowa Code chapter 21, the Iowa open meetings Act. The president of the board of regents reserves the right to have individual attendees removed from any board meeting if the attendee engages in behavior that materially interferes with the board’s ability to conduct the meeting or other attendees’ ability to observe or hear the proceedings. 11.1(7) General role and scope of regent institutions. The universities under the control of the board of regents, State University of Iowa, Iowa State University, and the University of Northern Iowa, strive to offer diversified and high quality programs of undergraduate and postgraduate study at reasonable cost to a major segment of those seeking postsecondary education in this state. Educational programs are designed to allow the individual student a wide range of subject selection and the greatest freedom to fulfill potentialities in pursuit of knowledge and in preparation for a role in society.These universities are the primary Iowa training ground for the professions including medical doctors, dentists, pharmacists, nurses, lawyers, veterinarians, educators, architects, agriculturists, engineers and others who will achieve advanced degrees in various fields of the arts and sciences. The state universities are deeply committed to research which expands knowledge and benefits society. They make educational programs and the results of research available through extension services and will offer services to the public appropriate to the role of each university.General role and scope of the two specialized schools under the board of regents, Iowa School for the Deaf and Iowa Braille and Sight Saving School, are to provide residential, educational, and training programs for the blind and the deaf through grade 12.The board of regents is the policymaking body representing the citizens of Iowa. It establishes goals and monitors progress toward those goals to ensure that the institutions under its governance accomplish their mission. 11.(8) 11.1(7) Committees. The board of regents may establish standing committees of the board, interinstitutional committees of professional educatorsprofessionals drawn from the institutions and staff under its governance, and special committees or task forces. The function of all committees and task forces is to advise the board on matters related to development of policy. An additional goal of interinstitutional committees is to ensure cooperation among the several institutions and promote efficiency of operation.The function of any committee or task force shall be set by the president of the board of regents. This rule is intended to implement Iowa Code sections 262.9 and 262.12. ITEM 2. Amend subrule 12.3(2) as follows: 12.3(2) A detailed listing of the university’s administrative units is shown on the organizational chart at the following Web sitewebsite: http://www.uiowa.edu/~our/opmanual/app/a01ui.pdfopsmanual.uiowa.edu/governance/university-iowa/organizational-charts-and-mission-statements. ITEM 3. Amend rule 681—12.4(262) as follows:681—12.4(262) University operations manual. The university’s operations manual contains policies and procedures governing the internal operations of the university. It is available for review at the following Web sitewebsite: http://www.uiowa.edu/~our/opmanual/opsmanual.uiowa.edu. The operations manual is printed annually, and a copy is available for public review at the university’s main library.The university archivist maintains prior versions of the operations manual at wayback.archive-it.org/org-120/*/http://www.uiowa.edu/~our/opmanual/. ITEM 4. Amend rule 681—12.5(262) as follows:681—12.5(262) Contracting authority. Except for authority retained by the board of regents in 681—8.2(262) or in the Regents Policy Manualregents policy manual, the board of regents has delegated to the president authority to make contracts and agreements as specified in 681—Chapter 8the regents policy manual. Pursuant to and in accordance with that delegation, the president has further delegated contracting authority as outlined in the university’s operations manual, part V, chapter 6. This delegated contracting authority is available for review at the following Web sitewebsite: http://www.uiowa.edu/~our/opmanual/v/06.htmopsmanual.uiowa.edu/administrative-financial-and-facilities-policies/contracting. ITEM 5. Amend rule 681—12.6(262) as follows:681—12.6(262) No-smokingTobacco-free campus policy. In accordance with the Iowa smokefree air Act (Iowa Code chapter 142D), the University of Iowa has adopted a smoke-freetobacco-free campus policy, which is incorporated by reference herein. The policy, together with campus boundary maps, is available at the following Web sitewebsite: http://www.uiowa.edu/~our/opmanual/v/35.htm#355opsmanual.uiowa.edu/community-policies/tobacco-free-campus. ITEM 6. Amend rule 681—12.7(262) as follows:681—12.7(262) Alcoholic beverage policy. Alcoholic beverages may be consumed, served and sold in those areas of the University of Iowa as may be designated by the university but only in compliance with all existing university policies which are incorporated by reference herein, including, but without limitation, the alcoholic beverage service guidelines and procedures at the following Web sitewebsite: http://www.uiowa.edu/~our/opmanual/v/26.htm and the guidebook for university housing at the following Web site: http://housing.uiowa.edu/res-hall-guidebook/opsmanual.uiowa.edu/administrative-financial-and-facilities-policies/alcoholic-beverage-service- guidelines-and. ITEM 7. Amend rule 681—12.8(262) as follows:681—12.8(262) Communication, marketing, and public relations. Inquiries, submissions, and requests should be addressed to the Office of the Vice President for Strategic Communication, The University of Iowa, 300 Plaza Centre One, Iowa City, Iowa 52242, or to the Board of Regents, State of Iowa, 11260 Aurora Avenue, Urbandale, Iowa 50322-7905. Generally, inquiries, submissions, and requests from the public (other than applications for admission or employment) should be submitted either in writing or by e-mailemail: sitenow.uiowa.edu/contact-us. ITEM 8. Amend rule 681—12.9(262) as follows:681—12.9(262) Merit system employee grievances. For purposes of the grievance procedure set forth in 681—12.10(262) and 681—12.11(262), “employee” means a merit system employee who has completed the six-month probationary period and is presently employed or who has been dismissed within the previous one-year period. Disputes or complaints by permanent employees regarding the interpretation or application of institutional rules governing terms of employment or working conditions (other than general wage levels) or the provisions of the merit system rules, other than disputes whose resolution is provided for in 681—3.127(19A8A) and 681—3.128(19A8A), will be resolved in accordance with this procedure, which has been approved by the merit system director in accordance with 681—subrule 3.129(1). Employees in an initial probationary period will be allowed access to the grievance procedure with the right to appeal orally at Step 1 and in writing at Steps 2 and 3. The university may permit an oral presentation at Steps 2 and 3 if deemed necessary. ITEM 9. Amend paragraph 12.10(4)"a" as follows: a. Any request for time off for a grievant’s representative is made in writing to theassociate vice president for human resources or a designee, who will convey the request to the representative’s supervisor, with an informational copy sent to the director of personnel, and should contain. The written request must contain an indication of the reason released time is necessary. The representative’s supervisor shall provide a reasonable bona fide amount of released time for the investigation, such time being scheduled as soon as reasonably possible and preferably within the same work day, consistent with the normal functioning of the employee’s department. ITEM 10. Amend subrule 12.10(5) as follows: 12.10(5) Steps in the grievance procedure. a. The grievance procedure consists of the following four steps: (1) Step 1. An aggrieved employee states in writing that a grievance is being presented and then presents the grievance orally, providing to the employee’s immediate supervisor the pertinent circumstances of the complaint or dispute and the actions requested. The supervisor responds in writing to the grievance within seven calendar days. In the response, the supervisor states the supervisor’s understanding of the grievance, the response to the grievance, and justification for the response. If a satisfactory settlement is not reached, the employee has seven calendar days to request Step 2. (2) Step 2. If the employee requests Step 2, a written grievance is forwarded by the aggrieved employee to the administrative head of the unit or department within seven calendar days. The administrative head of the unit or department or designee has ten calendar days to reply in writing. If satisfactory settlement is not reached, the employee has seven calendar days to request Step 3. (3) Step 3. If the employee decides to request Step 3, the written grievance is forwarded by the aggrieved employee to the head of the major functional or administrative unit of the university with a copy sent to the office ofassociate vice president for human resources. A meeting shall be held within ten calendar days after the grievance has been submitted to the head of the major functional or administrative unit. The university may be represented by the office ofassociate vice president for human resources, the head of the major functional or administrative unit or designee, and the administrative personnel involved in Steps 1 and 2. The aggrieved employee has the right to be accompanied by representatives. The head of the major functional or administrative unit shall respond in writing within seven calendar days. If a satisfactory settlement is not reached, the employee has seven calendar days to proceed to Step 4. (4) Step 4. If the employee is not satisfied with the decision rendered under Step 3, a hearing before an arbitrator may be requested within seven calendar days following receipt of the Step 3 decision.- Such a request shall be in writing and include all of the information included in the initial grievance and subsequent appeals, all of the decision related thereto, and any other pertinent information the employee wishes to submit.
- The appeal shall be signed and dated by the employee and shall be directed to the Merit System Director, State Board of Regents, 11260 Aurora Avenue, Urbandale, Iowa 50322-7905, who will arrange for a hearing before an arbitrator. The arbitrator will be expected to render a decision within 30 calendar days following the conclusion of the hearing.
- Assessment, counseling, and educational planning for hearing-impaireddeaf and hard-of-hearing children and youth;
- Programs for development of specialized communications skills;
- Parent education;
- Extended educational programming for hearing-impaireddeaf and hard-of-hearing adults;
- Research;
- Preservice and continuing education of teachers and related professionals;
- Curriculum development and evaluation; and
- Development and dissemination of instructional materials and technology.
- Employment matters involving directors, principals, and faculty are reserved to the office of the superintendent.
- Application for grants for educational development and research from all sources are signed by the superintendent.
- Supplies, equipment, and services to be ordered from sources outside the school in compliance with board of regents rules, 681—Chapter 8, are purchased only by means of purchase orders or purchase contracts approved and signed by the business manager and based on requisitions submitted to the business manager.
Rule making related to addresses and waivers
The Board of Regents hereby amends Chapter 18, “Declaratory Orders,” and Chapter 19, “Procedure for Rule Making,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 262.9(3).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 17A.Purpose and Summary These amendments update addresses for the Board of Regents and Iowa State University and implement 2020 Iowa Acts, House File 2389, by removing references to “variances.”Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 16, 2021, as ARC 5700C. No public comments were received. Additional amendments were added since publication of the Notice to remove the address of the former campus of the Iowa Braille and Sight Saving School in Items 4 and 8, since the Board is no longer the owner of the property. No other changes from the Notice have been made. Adoption of Rule Making This rule making was adopted by the Board on September 16, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to rule 681—19.18(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 November 10, 2021. The following rule-making actions are adopted:
ITEM 1. Amend subrule 18.4(3), introductory paragraph, as follows: 18.4(3) A petition for intervention shall be filed at the office of the Board of Regents, 100 Court Avenue, Des Moines, Iowa 5031911260 Aurora Avenue, Urbandale, Iowa 50322, or, in the case of a matter assigned to an institution, to the person and address indicated in the notice of assignment of the petition. Such a petition is deemed filed when it is received by that office. The board of regents will provide the petitioner with a file-stamped copy of the petition for intervention if the petitioner provides an extra copy for this purpose. A petition for intervention must be typewritten or legibly handwritten in ink and must substantially conform to the following form: ITEM 2. Amend rule 681—18.6(17A) as follows:681—18.6(17A) Inquiries. Inquiries concerning the status of a declaratory order proceeding may be made to the Executive Director of the Board of Regents, 100 Court Avenue, Des Moines, Iowa 5031911260 Aurora Avenue, Urbandale, Iowa 50322, or, in the case of a matter assigned to an institution, to the person and address indicated in the notice of assignment of the petition. ITEM 3. Amend subrule 18.7(2) as follows: 18.7(2) Filing—when required. All petitions for declaratory orders, petitions for intervention, briefs, or other papers in a proceeding for a declaratory order shall be filed with the Board of Regents, 100 Court Avenue, Des Moines, Iowa 5031911260 Aurora Avenue, Urbandale, Iowa 50322, or, in the case of a matter assigned to an institution, to the person and address indicated in the notice of assignment of the petition. All petitions, briefs, or other papers that are required to be served upon a party shall be filed simultaneously with the board of regents or, in the case of a matter assigned to an institution, the president or superintendent. ITEM 4. Amend subrule 19.3(1) as follows: 19.3(1) Docket maintained. The board of regents shall maintain a current public rule-making docket. The board of regents designates its director of legal affairs, human resources and information technology as its agency rules coordinator. Persons interested in information about rules being considered by the board of regents should contact the following office:Board of RegentsLegal Affairs100 Court Avenue11260 Aurora AvenueDes Moines, IA 50319Urbandale, IA 50322Persons interested in information about rules being considered at each regent institution should contact the following offices:University of IowaOffice of University Relations5 Old CapitolIowa City, IA 52242Iowa State UniversityUniversity Legal ServicesOffice of University Counsel3053550 Beardshear Hall515 Morrill RoadAmes, IA 5001050011University of Northern IowaOffice of the Operations Auditor242 Gilchrist HallCedar Falls, IA 50614Iowa School for the DeafSuperintendent1600 S. Highway 275Council Bluffs, IA 51503Iowa Braille and Sight Saving SchoolSuperintendent1002 G AvenueVinton, IA 52349 ITEM 5. Amend subrule 19.5(1) as follows: 19.5(1) Written comments. For at least 20 days after publication of the Notice of Intended Action, persons may submit argument, data, and views, in writing, on the proposed rule. Such written submissions should identify the proposed rule to which they relate and should be submitted to the office of the Board of Regents, 100 Court Avenue, Des Moines, Iowa 5031911260 Aurora Avenue, Urbandale, Iowa 50322, or the person designated in the Notice of Intended Action. ITEM 6. Amend subrule 19.5(5) as follows: 19.5(5) Accessibility. The board of regents shall schedule oral proceedings in rooms accessible to and functional for persons with physical disabilities. Persons who have special requirements should contact the office of the Board of Regents, 100 Court Avenue, Des Moines, Iowa 5031911260 Aurora Avenue, Urbandale, Iowa 50322, telephone (515)281-3934, in advance to arrange access or other needed services. ITEM 7. Amend subrule 19.6(2), introductory paragraph, as follows: 19.6(2) Mailing list. Small businesses or organizations of small businesses may be registered on the board of regents small business impact list by making a written application addressed to the office of the Board of Regents, 100 Court Avenue, Des Moines, Iowa 5031911260 Aurora Avenue, Urbandale, Iowa 50322. The application for registration shall state: ITEM 8. Amend rule 681—19.18(17A) as follows:681—19.18(17A) Waiver or variance from rule. 19.18(1) Applicability. Waiver or variance from board of regents rules may be requested but only in the event that: a. The board of regents has exclusive rule-making authority to promulgate the rule from whicha waiver or variance is requested or has final decision-making authority over a contested case in whicha waiver or variance is requested; and b. No federal or state statute or rule otherwise controls the grant of a waiver or variance from the rule from whicha waiver or variance is requested. 19.18(2) Authority. The board of regents, the president or superintendent of a regent institution, or designee, or the presiding officer as part of the decision in a contested case, may grant a waiver of, or variance of, or variance from, all or part of a rule to the extent allowed by these rules. 19.18(3) Compliance with law. No waiver or variance may be granted from a requirement that is imposed by state or federal statute. Any waiver or variance must be consistent with state or federal statute. 19.18(4) Criteria. A waiver or variance under this chapter may be granted only upon a showing that: a. The waiver or variance will not harm other persons and will not adversely affect the public interest; and b. There are exceptional circumstances which justify an exception to the general rule to the extent that the requester is unable to comply with the particular rule without undue hardship or compliance with the particular rule would be unnecessarily and unreasonably costly and serve no public benefit. 19.18(5) Request. All requests fora waiver or variance must be in writing and shall include the following information: a. The name, address, and telephone number of the person requesting the waiver or variance and the person’s representative, if any; b. The specific rule from which a waiver or variance is requested; c. The nature of the waiver or variance requested, including any alternative means or other proposed condition or modification proposed to achieve the purpose of the rule; d. An explanation of the reason for the waiver or variance, including all material facts relevant to the grant of the waiver or variance in question; e. Any information known to the requester regarding the board of regents, or any regent institution’s, treatment of similar cases; f. The name, address and telephone number of any person(s) with knowledge of the matter with respect to which the waiver or variance is requested; and g. Any necessary release of information authorizing persons with knowledge to disclose relevant information necessary to a decision. 19.18(6) With whom filed. A request fora waiver or variance which pertains to a rule applicable to only a specific regent institution shall be submitted to the president or superintendent of that institution. A request fora waiver or variance which pertains to a matter involving more than one regent institution, or the board of regents or its staff, shall be submitted to the Executive Director, Board of Regents, 100 Court Avenue, Des Moines, Iowa 5031911260 Aurora Avenue, Urbandale, Iowa 50322. A request for waiver or variance which pertains to a pending contested case shall be filed in the contested case proceedings. 19.18(7) Ruling. Rulings on requests shall be in writing. The ruling shall include the reason for granting or denying the request and, if approved, the time period during which the waiver or variance is effective. Rulings on a waiver or variance shall be made in the following manner: a. Requests submitted to the president or superintendent of a regent institution shall be decided by the president or superintendent, or designee. b. Requests submitted to the board of regents shall be decided by the board, unless the board determines that the request was inappropriately submitted to it, in which case it shall forward the request to the appropriate decision maker as designated by these rules. c. Requests submitted in a contested case shall be decided by the presiding officer in the contested case proceeding. 19.18(8) Public availability. All final rulings in response to requests for waiver or varianceswaivers shall be indexed and available to members of the public at the offices listed below:Board of RegentsLegal Affairs100 Court Avenue11260 Aurora AvenueDes Moines, IA 50319Urbandale, IA 50322University of IowaOffice of University Relations5 Old CapitolIowa City, IA 52242Iowa State UniversityUniversity Legal ServicesOffice of University Counsel3053550 Beardshear Hall515 Morrill RoadAmes, IA 5001050011University of Northern IowaOffice of the Operations Auditor242 Gilchrist HallCedar Falls, IA 50614Iowa School for the DeafSuperintendent1600 S. Highway 275Council Bluffs, IA 51503Iowa Braille and Sight Saving SchoolSuperintendent1002 G AvenueVinton, IA 52349 19.18(9) Conditions. The board of regents, or other designated decision maker allowed pursuant to these rules, may condition the grant of a waiver or variance on such reasonable conditions as appropriate to achieve the objectives of the particular rule in question through alternative means. 19.18(10) Voiding or cancellation. A waiver or variance is void if the material facts upon which the request is based are not true or if material facts have been withheld. The decision maker may at any time cancel a waiver or variance upon appropriate notice and hearing if it is determined that the facts as stated in the request are not true, material facts have been withheld, the alternative means of compliance provided in the waiver or variance have failed to achieve the objectives of the statute, or the requester has failed to comply with conditions set forth in the waiver or variance approval. 19.18(11) Violations. Violation of conditions in the waiver or variance approval is the equivalent of violation of the particular rule for which the waiver or variance is granted and is subject to the same remedies or penalties. 19.18(12) Appeals. Any request for an appeal from a decision on a waiver or variance request made by the board of regents, the president or superintendent of a regent institution, or designee, shall be in accordance with the procedures provided in Iowa Code chapter 17A.Any request for an appeal from a decision by the presiding officer in a contested case proceeding which grants or denies a wavier or variance shall be made pursuant to the procedures provided in rule 681—20.26(17A) or rule681—20.27(17A), as applicable. [Filed 9/16/21, effective 11/10/21][Published 10/6/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/6/21.ARC 5932CRevenue Department[701]Adopted and FiledRule making related to motions to redact certain information
The Revenue Department hereby amends Chapter 6, “Organization, Public Inspection,” and Chapter 7, “Practice and Procedure Before the Department of Revenue,” 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 sections 422.20 and 422.72.Purpose and Summary In its 2020 Legislative Session, the Legislature amended Iowa Code sections 422.20 and 422.72 to explicitly allow those filing protests with the Department to move for certain information to be redacted prior to release in response to a public records request. These amendments outline the procedure a taxpayer will follow to file the motion and the requirements thereof.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 14, 2021, as ARC 5781C. No public comments were received. Since publication of the Notice, Items 3 and 4 have been updated to reflect renumbering in ARC 5940C, IAB 10/6/21.Adoption of Rule Making This rule making was adopted by the Department on September 9, 2021.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 November 10, 2021. The following rule-making actions are adopted:
ITEM 1. Amend paragraph 6.1(3)"b" as follows: b. Regional offices.Regional offices do not have facilities for making available all matters that are available for public inspection under 701—6.2(17A)Iowa Code chapter 17A or 22. The regional offices and auditors do have copies of all rules and will make them available to the public. Members of the public needing forms or needing assistance in filling out forms are encouraged to contact the principal office. ITEM 2. Rescind and reserve rule 701—6.2(17A). ITEM 3. Amend rule 701—7.8(17A) as follows:701—7.8(17A) Identifying details, requests for redaction. 7.8(1) Information redacted by the department, subject to certain exceptions. Any person may file a motion to delete identifying details concerning the person from any document relating to any proceeding as defined in rule 701—7.2(421,17A) prior to disclosure to members of the public. Such a motion must be filed with the clerk if the motion is filed prior to the commencement of a contested case, which is before the notice for hearing is issued. If the motion is filed during a contested case proceeding pending before an administrative law judge and before the administrative law judge has entered a proposed decision on the case or has entered a closing order, the motion must be filed with and ruled upon by the administrative law judge. Otherwise, the motion must be filed with the clerk and ruled upon by the director. The motion shall be filed simultaneously with the presentation of the privacy or trade secret information under circumstances whereby the information may be disclosed to the public and before the issuance of any opinion, order or decision.Prior to being made available for public inspection, the department shall redact from an appeal or contested case the information required to be redacted in Iowa Code sections 422.20(5) and 422.72(8). “Make available for public inspection” means disclosure to the public by the department pursuant to Iowa Code section 17A.3 or chapter 22. 7.8(2) Process for requesting redaction of other details from a pleading, exhibit, attachment, motion, or written evidence. If the motion concerns information which is not a part of a contested case, the motion shall be in the form of a request to delete identifying details; if part of a contested case, the motion shall be in the form of a motion to delete identifying details. All motions to delete identifying details shall conform to subrule 7.19(5).If a taxpayer desires information contained in a record, other than the information described in Iowa Code sections 422.20(5)“a” and 422.72(8)“a,” to be redacted prior to public inspection, the taxpayer must file a motion and affidavit meeting the requirements below. a. Process for filing a motion for redaction of other details during a contested case.Motions for redaction of other details from a pleading, exhibit, attachment, motion or written evidence filed after the notice of hearing is issued in a contested case must follow the requirements in subrule 7.17(5). b. Process for filing a motion for redaction of other details prior to the commencement of a contested case.Motions for redaction of other details from a pleading, exhibit, attachment, motion or written evidence filed prior to a contested case must be filed with the clerk of the hearings section of the department. The motion must be filed separately from the protest described in subrule 7.8(6). a. c. Contents of motion.The motionMotions filed under this rule, including those filed during contested cases, shall contain the following: (1) The name of the person requesting deletionredaction and the docket number of the proceeding, if applicable;. (2) The legal basis for the motion for deletion, which is either that release of the material would be a clearly unwarranted invasion of personal privacy or the material is a trade secret. A corporation may not claim an unwarranted invasion of privacy;Clear and convincing evidence that the disclosure would reveal a trade secret or would constitute a clear, unwarranted invasion of personal privacy. Corporations, limited liability companies, other business entities (including but not limited to partnerships and joint ventures), and trusts do not have protectible personal privacy interests. (3) AAn unredacted copy of the document containing the information at issue and also a copy of the document with the desired redaction made. If a copy of the document is not in the possession of the taxpayer, the motion must contain a precise description of the document, report, or other material in the possession of the department from which the deletionredaction is sought and a precise description of the information to be deletedredacted. If deletionredaction is sought from more than one document, each document and the materialsinformation sought to be deleted from itredacted shall be listed in separate paragraphs. Also contained in each separate paragraph shall be a statement of the legal basis for the deletion requested in that paragraph, which is that release of the material sought to be deleted is a clearly unwarranted invasion of privacy or the material is a trade secret and the material serves no public purpose. (4) For each item for which redaction is requested, an explanation of the legal basis for the redaction requested, including an explanation of why the release of the information sought to be redacted is a clear, unwarranted invasion of personal privacy or a trade secret. b. (5) An affidavit in support of deletion must accompany each motionredaction. The affidavit must be: 1. Besworn to by a person familiar with the facts asserted within it and shall contain a clear and concise explanation of the facts justifying deletionredaction, not merely the legal basis for deletionredaction or conclusionaryconclusory allegations. c. 2. All affidavits shall containContain a general and truthful statement that the information sought to be deletedredacted is not available to the public from any source or combination of sources, direct or indirect, and a general statement that the release would serve no public purpose. d. Burden of proof.The burden of showing that deletionredaction is justified shall be on the movant. The burden is not carried by mere conclusionaryconclusory statements or allegations, for example, that the release of the material would be a clearlyclear, unwarranted invasion of personal privacy or that the material is a trade secret. e. Contested case proceeding.That the matterinformation sought to be deletedredacted is part of the pleadings, motions, evidence, and the record in a contested case proceeding otherwise open for public inspection and that the matter would otherwise constitute confidential tax information shall not be grounds for deletion (1992 Op. IA Att’y Gen. 1)redaction. f. The ruling on the motion shall be strictly limited to the facts and legal bases presented by the movant, and the ruling shall not be based upon any facts or legal bases not presented by the movant. 7.8(3) Process for requesting redaction of other details in a final order, decision, or ruling. Motions to redact information from a final order, decision, or ruling cannot be made until the order is issued and must be made within 30 days of the date of the order, decision, or ruling. The taxpayer must follow the requirements in paragraph 7.9(2)“c” and subrule 7.17(5). The department shall have 30 days to respond to the motion from the date the department’s representatives receive notice from the presiding officer, unless otherwise ordered by the presiding officer. 7.8(4) Rulings. Motions filed with the clerk of the hearings section will be ruled on by the director. Motions filed with the administrative law judge will be ruled on by the administrative law judge. In the case of motions before the director prior to contested case proceedings, the department may respond in writing to a motion on the request of the director or upon the initiative by department staff. 7.8(5) Limitation on motions. If the motion or request is denied, the movant may not submit a motion to redact the same identifying details unless the movant is in possession of new information that may support the requested redaction(s) that the movant was not or could not have been aware of at the time of the original motion. 7.8(6) Handling of the file while the motion is pending. During the pendency of a motion, unless otherwise required or permitted by law, the department will treat the motion as if it has been granted and will not publicly release any information pursuant to Iowa Code chapter 22 or 17A sought to be kept confidential by the taxpayer. This rule is intended to implement Iowa Code chapter 17Aand sections 422.20(5) and 422.72(8). ITEM 4. Amend subparagraph 7.19(5)"e" as follows: (4) Motion to redactfor redaction of identifying details in the decision.For more information, see rule 701—7.9(17A). [Filed 9/9/21, effective 11/10/21][Published 10/6/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/6/21.ARC 5940CRevenue Department[701]Adopted and FiledRule making related to GovConnectIowa and administration
The Revenue Department hereby amends Chapter 7, “Practice and Procedure Before the Department of Revenue,” Chapter 8, “Forms and Communications,” Chapter 38, “Administration,” Chapter 51, “Administration,” and Chapter 57, “Administration,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code chapter 17A and section 421.14.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 17A and sections 421.9, 421.10, 421.14, 421.17, 421.60 and 422.68.Purpose and Summary These amendments accomplish a variety of objectives. Many of the amendments are related to the implementation of the Department’s modernized tax management system and e-services portal, GovConnectIowa. The new system and portal will be phased in beginning in November 2021. GovConnectIowa will offer taxpayers and taxpayer representatives the ability to submit many filings to the Department through the portal and will also allow the Department to issue many items to taxpayers and taxpayer representatives through the portal. Amendments have been made to reflect GovConnectIowa throughout Chapter 7. In addition, a new rule has been added in Chapter 8 to describe how taxpayers and taxpayer representatives will be able to opt out of paper mail if they have accounts in GovConnectIowa. These amendments also clarify various aspects of the appeals process. Provisions on expedited procedures and demanding contested case procedures were moved from various subrules to their own new rule, 701—7.13(17A,421), to eliminate inconsistencies between rules; more closely align the procedure to Iowa Code section 421.60(2)“g”; and make it easier to find information on the topic. Provisions on dismissals of protests were moved from subrule 7.11(2) to new rule 701—7.12(17A,421) to better highlight the topic. Additional amendments more closely align the dismissal rules on untimely protests with the narrow statutory grounds for waiving the statute of limitations on filing appeals under Iowa Code section 421.60. Additional amendments align the grounds for reinstating protests following a failure to pursue with the grounds for default judgments described in Iowa Code section 17A.12. Many other rules in the chapter have been renumbered to place these two new rules in a logical location in relation to other information on appeals. The term “protester” has been updated to “taxpayer” and “protest” has been updated to “appeal” to improve consistency of terminology used in the rules and elsewhere in materials created by the Department. Amendments have also been made to the rules on petitions for rule waiver and rule making to implement 2020 Iowa Acts, House File 2389. Other amendments have been made to the rule on rule making to incorporate provisions of the Uniform Rules on Agency Procedure for Rule Making directly into the text of the rule rather than relying on a cross-reference to the PDF of the document on the Legislature’s website. Some modifications were made from the Uniform Rules to reflect current practices and the existence of the Legislature’s website on administrative rules. Other changes throughout Chapter 7 improve clarity and address issues that have been areas of uncertainty in the past. Amendments to Chapter 7 are also adopted in ARC 5932C, IAB 10/6/21.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 11, 2021, as ARC 5849C. No public comments were received. Since publication of the Notice, two typos have been corrected, the name of an Iowa Code chapter has been updated, and a pronoun in numbered paragraph 7.9(6)“b”(2)“9” has been clarified. No other changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on September 15, 2021.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 November 10, 2021. The following rule-making actions are adopted:
ITEM 1. Amend 701—Chapter 7, title, as follows:PRACTICE AND PROCEDURE BEFORE THE DEPARTMENT OF REVENUEAPPEALS, TAXPAYER REPRESENTATION, AND OTHER ADMINISTRATIVE PROCEDURES ITEM 2. Amend rules 701—7.1(421,17A) to 701—7.4(17A) as follows:701—7.1(421,17A) Applicability and scope of rules. These rules pertain to practice and procedure and are designed to implement the requirements of theIowa administrative procedure Act and aid in the effective and efficient administration and enforcement of the tax laws of this state and other activities of the department. These rules shall govern the practice, procedure, and conduct of the informal proceedings, contested case proceedings, licensing, rule making,requests for waiver of rules, and declaratory orders involving taxation and other areas within the department’s jurisdiction., which includes the following:- Sales and use tax—Iowa Code chapter 423;
- Individual and fiduciary income tax—Iowa Code sections 422.4 to 422.31 and 422.110 to 422.112;
- Franchise tax—Iowa Code sections 422.60 to 422.66;
- Corporate income tax—Iowa Code sections 422.32 to 422.41 and 422.110 to 422.112;
- Withholding tax—Iowa Code sections 422.16 and 422.17;
- Estimated tax—Iowa Code sections 422.16, 422.17 and 422.85 to 422.92;
- Motor fuel tax—Iowa Code chapter 452A;
- Property tax—Iowa Code chapters 421, 425 to 428A and 433 to 441;
- Cigarette and tobacco tax—Iowa Code chapters 421B and 453A;
- Inheritance tax and qualified use inheritance tax—Iowa Code chapters 450 and 450B;
- Local option taxes—Iowa Code chapter 423B;
- Hotel and motel tax—Iowa Code chapter 423A;
- Drug excise tax—Iowa Code chapter 453B;
- Automobile rental excise tax—Iowa Code chapter 423C;
- Environmental protection charge—Iowa Code chapter 424;
- Replacement taxes—Iowa Code chapter 437A;
- Statewide property tax—Iowa Code chapter 437A;
- Equipment tax—Iowa Code chapter 423D;
- Other taxes and activities as may be assigned to the department from time to time; and
- The taxpayer’s bill of rights—Iowa Code section 421.60.
- Is a party to the case or an officer, director, or trustee of a party to the case;
- Is a lawyer in the case;
- Is known to have an interest that could be substantially affected by the outcome of the case; or
- Is likely to be a material witness in the case; or
Rule making related to minor’s school licenses and chauffeur’s and commercial driver’s licenses
The Transportation Department hereby amends Chapter 602, “Classes of Driver’s Licenses,” Chapter 604, “License Examination,” Chapter 605, “License Issuance,” and Chapter 607, “Commercial Driver Licensing,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 307.12, 321.182, 321.188 and 321.196.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 321.1 as amended by 2021 Iowa Acts, House File 389; 321.188 as amended by 2021 Iowa Acts, House File 280, section 1; 321.194 as amended by 2021 Iowa Acts, Senate File 231, sections 1 and 2; and 321.196 as amended by 2021 Iowa Acts, House File 280, section 2.Purpose and Summary This rule making amends Chapters 602, 604, 605 and 607. The following paragraphs explain the amendments. Minor’s school license for farm work. These amendments update Chapter 602 to conform the rules with 2021 Iowa Acts, Senate File 231, sections 1 and 2, which amend the permitted operations of a minor’s school license to include driving for farm-related purposes if the person resides on or is employed by a farm, provided that the driving distance between the point of origin and destination is no greater than 50 miles. Prior to the 2021 legislation, driving for farm-related purposes was not a permitted operation of a minor’s school license. Chauffeur’s driver’s license. These amendments update Chapters 602, 604, 605 and 607 to conform the rules with 2021 Iowa Acts, House File 389, which amends the definition of “chauffeur” within Iowa Code section 321.1(8). This legislation eliminates the need for a person to obtain a Class D-1 or D-2 chauffeur’s license. A noncommercial Class C license will now be sufficient to operate commercial driver’s license (CDL)-exempt truck-tractor semitrailer combination vehicles for farm work and large noncommercial straight trucks (26,000 pounds gross vehicle weight rating or less). A person still needs a Class D-3 chauffeur’s license if that person operates a motor vehicle to transport 15 or fewer persons (including the driver) for wages, compensation, or hire and does not meet one of the exemptions in Iowa Code section 321.1(8). Online commercial driver’s license renewal. These amendments update Chapter 605 to conform the rules with 2021 Iowa Acts, House File 280, sections 1 and 2. This legislation authorizes the Department to renew CDLs electronically. Prior to the 2021 legislation, holders of CDLs were prohibited from renewing their driver’s licenses electronically even though online renewal has been an option for holders of noncommercial driver’s licenses for several years. These amendments align the online CDL renewal rules with the existing online renewal rule for noncommercial driver’s licenses and add a few additional requirements that are specific to CDLs. Namely, a person who holds a CDL with a hazardous material or combination hazardous material and tank endorsement will not be permitted to renew the CDL online. This is because federal regulations require a person with a CDL hazardous material or combination hazardous material and tank endorsement to retake the hazardous materials knowledge test at each renewal. These amendments also prevent a person holding a commercial learner’s permit (CLP) from renewing a CLP online. This is because CLPs are already issued for the federally authorized maximum validity period of one year and therefore cannot be renewed. Rather, if a CLP holder needs the CLP beyond one year, a new CLP must be issued.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 28, 2021, as ARC 5804C. The Department received written comments from the Iowa Farm Bureau Federation concerning the inability of some minors who are homeschooled to receive a minor’s school license that includes driving for farm-related purposes. The Department is unable to make any changes to the rules or waive existing rules based on these comments because of language included in Iowa Code section 321.194 that requires the person’s school of enrollment to complete a certificate of need for the minor’s school license and requires the signature of a specified school official. The Department will continue to accept a certificate of need for homeschooled students who are dual-enrolled and who do obtain a certificate of need from the public or accredited nonpublic school with which they are dual-enrolled. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on September 15, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa beyond any impact anticipated by the legislation. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found beyond any anticipated by the statutory change within 2021 Iowa Acts, Senate File 231.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 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 November 10, 2021. The following rule-making actions are adopted:
ITEM 1. Amend paragraph 602.12(1)"b" as follows: b. The license shall have one endorsement authorizing a specific type of motor vehicle or type of operation, as listed in 761—subrule 605.7(3). The gross vehicle weight rating shall be determined pursuant to rule 761—604.35(321). ITEM 2. Amend rule 761—602.12(321), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 321.1as amended by 2021 Iowa Acts, House File 389, 321.177, 321.189, and 321.196. ITEM 3. Amend rule 761—602.26(321) as follows:761—602.26(321) Minor’s school license. 602.26(1) Validity and issuance. a. A minor’s school license is a restricted, noncommercial Class C or Class M driver’s license. b. The license is valid during the times and for the purposes set forth in Iowa Code section 321.194 and at any time when the licensee is accompanied in accordance with Iowa Code section 321.180B(1). c. The type of motor vehicle that may be operated is controlled by the class of driver’s license issued, except that Iowa Code section 321.194 as amended by 2021 Iowa Acts, Senate File 231, section 1, prohibits a licensee from operating a motor vehicle with more than two axles or a motor vehicle towing another vehicle. A Class C minor’s school license is valid for operating a motorcycle only if the license has a motorcycle endorsement. A minor’s school license is valid for operating a motorized bicycle. d. The license is issued for two years. 602.26(2) Requirements. a. An applicant shall be at least 14 years of age but not yet 18 and meet the requirements of Iowa Code section 321.194. b. An applicant who attends a public school shall submit a statement of necessity signed by the chairperson of the school board, the superintendent of the school, or the principal of the school if authorized by the superintendent. An applicant who attends an accredited nonpublic school shall submit a statement of necessity signed by an authority in charge of the accredited nonpublic school or a duly authorized representative of the authority. The statement shall be on Form 430021.The requirements of this paragraph apply to any applicant seeking to use the license for the purposes set forth in Iowa Code section 321.194(2)“a” as amended by 2021 Iowa Acts, Senate File 231, section 2. c. An applicant shall submit proof of successful completion of an Iowa-approved course in driver education. d. For a Class M minor’s school license or a motorcycle endorsement, an applicant shall also submit proof of successful completion of an Iowa-approved course in motorcycle rider education. 602.26(3) Exemption. a. An applicant is not required to have completed an approved driver education course if the applicant demonstrates to the satisfaction of the department that completion of the course would impose a hardship upon the applicant; however, the applicant must meet all other requirements for a school license. “Hardship” means: (1) If the applicant is 14 years old, that a driver education course will not begin at the applicant’s school(s) of enrollment or at a public school in the applicant’s district of residence within one year following the applicant’s fourteenth birthday; or (2) If the applicant is 15 years old, that a driver education course will not begin at the applicant’s school(s) of enrollment or at a public school in the applicant’s district of residence within six months following the applicant’s fifteenth birthday; or (3) If the applicant is between 16 and 18 years old, that a driver education course is not offered at the applicant’s school(s) of enrollment or at a public school in the applicant’s district of residence at the time the request for hardship status is submitted to the department; or (4) That the applicant is a person with a disability. In this rule, “person with a disability” means that, because of a disability or impairment, the applicant is unable to walk in excess of 200 feet unassisted or cannot walk without causing serious detriment or injury to the applicant’s health. b. “Demonstrates to the satisfaction of the department” means that the department has received written proof that a hardship exists. An applicant who attends a public school shall submit written proof of hardship signed by the applicant’s parent, custodian or guardian and by the superintendent, the chairperson of the school board, or the principal, if authorized by the superintendent, of the applicant’s school or school district of residence. An applicant who attends an accredited nonpublic school shall submit written proof of hardship signed by the applicant’s parent, custodian or guardian and by either an authority in charge of the accredited nonpublic school or a duly authorized representative of the authority, or by the superintendent, the chairperson of the school board, or the principal, if authorized by the superintendent, of the applicant’s school district of residence. 602.26(4) Multiple residences. a. An applicant whose parents are divorced or separated and who as a result of shared custody maintains more than one residence may be authorized to operate a motor vehicle from either residence during the times and for the purposes set forth in Iowa Code section 321.194 if one of the following applies: (1) If the applicant attends a public school, the statement of necessity provided to the department certifies that a need exists to drive from each residence, that the school of enrollment identified in the statement of necessity meets the geographic requirements for an applicant attending a public school set forth in Iowa Code section 321.194 as determined by the primary residence identified in the statement of necessity, and that the secondary residence identified in the statement of necessity is either within the school district that includes the applicant’s school of enrollment or within an Iowa school district contiguous to the applicant’s school of enrollment. (2) If the applicant attends an accredited nonpublic school, the statement of necessity provided to the department certifies that a need exists to drive from each residence, that the school of enrollment identified in the statement of necessity meets the geographic requirements for an applicant attending an accredited nonpublic school set forth in Iowa Code section 321.194 as determined by the primary residence identified in the statement of necessity, and that the secondary residence identified in the statement of necessity is no more than 50 miles driving distance from the school of enrollment. b. The fact that either residence is less than one mile from the applicant’s school of enrollment shall not preclude travel to and from each residence at the times and for the purposes set forth in Iowa Code section 321.194 provided that need is otherwise demonstrated. c. A minor’s school license approved for travel to and from two residences for the purposes set forth in Iowa Code section 321.194 shall not be valid for travel directly between each residence unless the licensee is accompanied in accordance with Iowa Code section 321.180B(1)or unless the travel is for the purposes set forth in and subject to the limitations of Iowa Code section 321.194(2)“a” as amended by 2021 Iowa Acts, Senate File 231, section 2. d. The primary residential address listed in the statement of necessity shall appear on the face of the license. A minor’s school license approved for travel to and from two residences shall include a “J” restriction on the face of the license, and the secondary address listed in the statement of necessity shall be listed on the reverse side of the license as part of the “J” restriction, with the following notation: “Also valid to drive to and from [secondary residential address] in compliance with 321.194.” This rule is intended to implement Iowa Code sections 321.177, 321.180B, 321.189, 321.194as amended by 2021 Iowa Acts, Senate File 231, and 321.196. ITEM 4. Amend paragraph 604.21(1)"c" as follows: c. Chauffeur’s test.A chauffeur’s knowledge test is required for all:(1) Chauffeur’schauffeur’s instruction permits. (2) Class D driver’s licenses except those with an endorsement for “passenger vehicle less than 16-passenger design.” ITEM 5. Amend rule 761—604.21(321), implementation sentence, as follows: This rule is intended to implement Iowa Code sections321.1(8) as amended by 2021 Iowa Acts, House File 389, 321.180, 321.180A, 321.180B, 321.186, 321.189, 321.196 and 321.198. ITEM 6. Amend subrule 605.7(3) as follows: 605.7(3) For a Class D driver’s license (chauffeur). The following endorsementsendorsement may be added to a Class D driver’s license using thesethis number codescode:1—Truck-tractor semitrailer combination2—Vehicle with 16,001 pounds gross vehicle weight rating or more. Not valid for truck-tractor semitrailer combination3—Passenger vehicle less than 16-passenger design ITEM 7. Amend rule 761—605.7(321), implementation sentence, as follows: This rule is intended to implement Iowa Code sections321.1(8) as amended by 2021 Iowa Acts, House File 389, 321.180, and 321.189. ITEM 8. Amend subrule 605.25(7), introductory paragraph, as follows: 605.25(7) The department may determine means or methods for electronic renewal of anoncommercial driver’s license. ITEM 9. Adopt the following new subrule 605.25(8): 605.25(8) The department may determine means or methods for electronic renewal of a commercial driver’s license. a. An applicant who is otherwise eligible to renew a commercial driver’s license must meet the same eligibility requirements for renewing a noncommercial driver’s license listed in paragraph 605.25(7)“a” to renew the license electronically and must also meet the following criteria: (1) The applicant is not subject to any of the following restrictions or endorsements:H—Hazardous materialX—Hazardous material and tank (2) The applicant does not also hold a valid commercial learner’s permit under Iowa Code section 321.180(2) as documented by restriction 3 on the commercial driver’s license. (3) An applicant self-certifying to non-excepted interstate driving has a valid medical certificate on file with the department as required under rule 761—607.50(321). b. The requirements in paragraphs 605.25(7)“c” and 605.25(7)“d” shall also apply to a license issued under this subrule. ITEM 10. Amend rule 761—605.25(321), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 321.186; 321.188 as amended by 2021 Iowa Acts, House File 280, section 1; and 321.196,as amended by 2021 Iowa Acts, House File 280, section 2; the REAL ID Act of 2005 (49 U.S.C. Section 30301 note),; and 6 CFR Part 37. ITEM 11. Amend paragraph 607.16(2)"c" as follows: c. A Class C commercial driver’s license allows a person to operate a commercial motor vehicle as specified in Iowa Code paragraph 321.189(1)“c.” With the required endorsements and subject to the applicable restrictions, a Class C commercial driver’s license is valid to operate any vehicle except a truck-tractor semitrailer combination as a chauffeur (Class D) or a vehicle requiring a Class A or Class B commercial driver’s license. ITEM 12. Amend rule 761—607.16(321), implementation sentence, as follows: This rule is intended to implement Iowa Code sections321.1(8) as amended by 2021 Iowa Acts, House File 389, 321.177, 321.182, 321.188, 321.189, 321.196, and 321.449 and 2013 Iowa Acts, chapter 104, section 2. [Filed 9/15/21, effective 11/10/21][Published 10/6/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/6/21.ARC 5941CTransportation Department[761]Adopted and FiledRule making related to ignition interlock devices
The Transportation Department hereby amends Chapter 615, “Sanctions,” and Chapter 620, “OWI and Implied Consent,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 307.12.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 321.218 as amended by 2021 Iowa Acts, House File 757, section 1, and chapter 321J as amended by 2021 Iowa Acts, House File 757, sections 2 to 7.Purpose and Summary This rule making updates Chapters 615 and 620 to comply with 2021 Iowa Acts, House File 757, sections 1 to 7. House File 757 authorizes a person with no previous operating while intoxicated (OWI) conviction or revocation to install an ignition interlock device (IID) only on the vehicle(s) the person intends to operate while driving on a temporary restricted license (TRL) rather than on every vehicle the person owns or operates. Prior to this legislative change, any person serving a driver’s license sanction for an OWI offense was required to install an IID on every vehicle the person owned or operated as a condition of obtaining a TRL, even if it was the person’s first OWI offense. The law continues to require a person serving a second or subsequent OWI offense to install an IID on every vehicle the person owns or operates as a condition of obtaining a TRL. The legislation also eliminated the prohibition against issuing a TRL to a person serving a driver’s license sanction for driving while the license was revoked or suspended under Iowa Code sections 321.218 or 321J.21.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 11, 2021, as ARC 5858C. 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 September 15, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa beyond any impact anticipated by 2021 Iowa Acts, House File 757. 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 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 November 10, 2021. The following rule-making actions are adopted:
ITEM 1. Rescind and reserve paragraph 615.45(1)"e". ITEM 2. Amend rule 761—615.45(321), implementation sentence, as follows: This rule is intended to implement Iowa Code chapter 321A and sections 252J.8, 321.177, 321.178, 321.184, 321.185, 321.186, 321.189, 321.191, 321.193, 321.194, 321.201, 321.205, 321.209, 321.210, 321.210A, 321.212, 321.213A, 321.213B, 321.215, 321.218as amended by 2021 Iowa Acts, House File 757, section 1, 321.513, 321.560 and 321J.17. ITEM 3. Amend rule 761—620.2(321J) as follows:761—620.2(321J) Information and location. Applications, forms, information, assistance, and answers to questions relating to this chapter are available by mail from the Driver and Identification Services BureauMotor Vehicle Division, Iowa Department of Transportation, P.O. Box 9204, Des Moines, Iowa 50306-9204; in person at 6310 SE Convenience Blvd., Ankeny, Iowa; by telephone at (515)244-8725; or by facsimile at (515)239-1837. ITEM 4. Strike “driver and identification services bureau” wherever it appears in rules 761—620.3(321J) and 761—620.4(321J) and insert “motor vehicle division” in lieu thereof. ITEM 5. Amend subrule 620.3(2) as follows: 620.3(2) Additional requirements. A person applying for a temporary restricted license shall also comply with all of the following requirements: a. Provide a description of all motor vehicles owned or operated under the temporary restricted licenseif the person has no previous operating while intoxicated conviction or revocation.If the person has a second or subsequent operating while intoxicated conviction or revocation, the person shall provide a description of all motor vehicles owned by such person or operated under the temporary restricted license. b. Submit proof of financial responsibility under Iowa Code chapter 321A for all motor vehicles owned or operated under the temporary restricted license. c. Provide certification of installation of an approved ignition interlock device on every motor vehicle owned or operatedif the person has no previous operating while intoxicated conviction or revocation.If the person has a second or subsequent operating while intoxicated conviction or revocation, the person shall provide certification of installation of an approved ignition interlock device on every motor vehicle owned by such person or operated under the temporary restricted license. d. Pay the $200 civil penalty. ITEM 6. Amend 761—Chapter 620, implementation sentence, as follows: These rules are intended to implement Iowa Code chapterschapter17A and; chapter321Jas amended by 2021 Iowa Acts, House File 757, sections 2 to 7; and sections 321.193, 321.201, 321.376 and 707.6A. [Filed 9/15/21, effective 11/10/21][Published 10/6/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/6/21.ARC 5943CTransportation Department[761]Adopted and FiledRule making related to airports and aircraft registration
The Transportation Department hereby amends Chapter 720, “Iowa Airport Registration,” and Chapter 750, “Aircraft Registration,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 307.12, 328.12 and 328.19.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 328.Purpose and Summary This rule making affects Chapters 720 and 750 and reflects the organizational change of the Modal Transportation Bureau. The amendments to Chapter 720 revise rules concerning repayment of financial assistance associated with airport closings by removing date references that are no longer applicable because only one airport was closed during the time period between July 1, 2015, and October 4, 2017. That airport (the Onawa Municipal Airport) already applied for and received forgiveness of financial assistance from the Department. Other amendments to Chapter 720 update references to the Federal Aviation Administration (FAA) Advisory Circular 150/5340-1L (Standards for Airport Markings) to the most current version, 150/5340-1M as amended on May 10, 2019. The FAA recommends the standards and guidelines in the advisory circular to establish uniform application of airfield surface markings for runways, taxiways and aprons. Version 150/5340-1M incorporates numerous changes, including: