Proposing rule making related to diabetic education programs and providing an opportunity for public comment
The Human Services Department hereby proposes to amend Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 249A.4.Purpose and Summary This proposed rule making eliminates the “once per lifetime” policy for diabetic education for Medicaid members. This change will allow a Medicaid member to receive additional timely education in order to manage the Medicaid member’s diabetes. In many cases, once-in-a-lifetime education is not adequate for treatment, especially with the prevalence of diabetes in the national population. The Department has already been paying for more than one education series for some members, and this change will allow the rule to match the current practice. Members will continue to need a provider’s referral for the education. 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). Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 4, 2022. Comments should be directed to: Nancy Freudenberg Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: appeals@dhs.state.ia.us Public Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Amend subparagraph 78.31(4)"f" as follows: (6) Restrictions and limitations on payment. Medicaid will pay for a diabetic self-management education program. Diabetic education programs will include follow-up assessments at 3 and 12 months without charge. A complete diabetic education program is payable once in the lifetime of a recipient.ARC 6097CHuman Services Department[441]Notice of Intended ActionProposing rule making related to decrease in minimum occupancy limitation used for reimbursement calculation and providing an opportunity for public comment
The Human Services Department hereby proposes to amend Chapter 81, “Nursing Facilities,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 249A.4 and 2021 Iowa Acts, House File 891, division VII, section 39.Purpose and Summary The current rule requires that patient days in nursing facilities for purposes of the calculation of per diem for administrative, environmental, and property expenses shall be the greater of actual patient days or 85 percent of the licensed capacity of the facility. In accordance with 2021 Iowa Acts, House File 891, division VII, section 39, these proposed amendments decrease the minimum occupancy limitation to 70 percent because of concerns that providers will continue to experience a decrease in nursing facility occupancy due to the public health emergency. The cost reports for 2022 fiscal year ending (FYE) will be used in the rebase for state fiscal year (SFY) 2024 rates.Fiscal Impact These proposed amendments are for SFY 2024 and SFY 2025, and the cost report data are not yet available. Therefore, the fiscal impact cannot be determined. There will be no impact in SFY 2022 or SFY 2023.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 4, 2022. Comments should be directed to: Nancy Freudenberg Iowa Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: appeals@dhs.state.ia.usPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend subparagraph 81.6(16)"a" as follows: (1) Non-state-owned nursing facilities. Effective December 1, 2009, patient days for purposes of the computation of administrative, environmental, and property expenses for non-state-owned facilities shall be inpatient days as determined in subrule 81.6(7) or 85 percent of the licensed capacity of the facility, whichever is greater.For the reimbursement period beginning July 1, 2023, and ending June 30, 2025, patient days for purposes of the computation of administrative, environmental, and property expenses for non-state-owned facilities shall be inpatient days as determined in subrule 81.6(7) or 70 percent of the licensed capacity of the facility, whichever is greater. Patient days for purposes of the computation of all other expenses shall be inpatient days as determined in subrule 81.6(7). ITEM 2. Amend numbered paragraph 81.6(16)"h" as follows: 1. Effective December 1, 2009, total patient days shall be determined using the most current submitted financial and statistical report or using the estimated total patient days as reported in the request for the add-on. For purposes of calculating the add-on, total patient days shall be the greater of the estimated annual total patient days or 85 percent of the facility’s estimated licensed capacity.For the period beginning July 1, 2023, and ending June 30, 2025, patient days for purposes of the computation of administrative, environmental, and property expenses for non-state-owned facilities shall be inpatient days or the minimum occupancy of 70 percent of the licensed capacity of the facility, whichever is greater. ITEM 3. Amend numbered paragraph 81.6(16)"h" as follows: 1. Effective December 1, 2009, for purposes of recalculating the capital cost per diem instant relief add-on, total patient days shall be based on the greater of the number of actual patient days during the period in which the add-on was paid or 85 percent of the facility’s actual licensed bed capacity during the period in which the add-on was paid.For the period beginning July 1, 2023, and ending June 30, 2025, patient days for purposes of the computation of administrative, environmental, and property expenses for non-state-owned facilities shall be inpatient days or the minimum occupancy of 70 percent of the licensed capacity of the facility, whichever is greater. ITEM 4. Amend rule 441—81.6(249A), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 249A.4 and 249A.16, Iowa Code chapterand chapters 249K, and 2009 Iowa Code Supplement chapter 249L. ITEM 5. Amend rule 441—81.23(249A), implementation sentence, as follows: This rule is intended to implement Iowa Code Supplement section 249A.30A.ARC 6088CManagement Department[541]Notice of Intended ActionProposing rule making related to calculating net general fund revenues and providing an opportunity for public comment
The Management Department hereby proposes to amend Chapter 15, “Calculating Net General Fund Revenues,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 8.6.State or Federal Law Implemented This rule making implements, in whole or in part, 2021 Iowa Acts, Senate File 619, section 1.Purpose and Summary The proposed rule making will rescind procedures to calculate net General Fund revenues. 2021 Iowa Acts, Senate File 619, was signed into law on June 6, 2021. Section 1 of the legislation strikes 2018 Iowa Acts, chapter 1161, section 133, and replaces the section with language stating the division of the Act takes effect on January 1, 2023, thereby eliminating the need for the rule.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 541—1.3(8). 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 January 4, 2022. Comments should be directed to: Joel Lunde Iowa Department of Management State Capitol, Room 13 1007 East Grand Avenue Des Moines, Iowa 50319 Phone: 515.281.3322 Fax: 515.242.5897 Email: joel.lunde@iowa.gov Public Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Rescind and reserve 541—Chapter 15.ARC 6083CPharmacy Board[657]Notice of Intended ActionProposing rule making related to telepharmacy practice and providing an opportunity for public comment
The Board of Pharmacy hereby proposes to amend Chapter 13, “Telepharmacy Practice,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 155A.13 and 155A.33.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 155A.13 and 155A.33.Purpose and Summary These proposed amendments are the result of an overall five-year review of Chapter 13 as required by Iowa Code section 17A.7(2) and comments solicited by the Board from interested stakeholders in advance of the Board’s review. The proposed amendments:
Proposing rule making related to licensure of optometrists and providing an opportunity for public comment
The Board of Optometry hereby proposes to amend Chapter 180, “Licensure of Optometrists,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 147.76 and 154.3.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 154.3.Purpose and Summary The proposed amendments update the license application procedures, streamline the requirements for endorsement applications, streamline the requirements for license reactivation and add an examination option for license reactivation.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on January 4, 2022. Comments should be directed to: Sharon Dozier Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Fax: 515.281.3121 Email: sharon.dozier@idph.iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: January 4, 2022 10 to 11 a.m. Via video/conference Zoom Meeting ID: 893 0769 6946 Passcode: 249604 (US) + 1.312.626.6799 (toll) Access code: 249604 Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Rescind subrule 180.2(1) and adopt the following new subrule in lieu thereof: 180.2(1) The following criteria shall apply to licensure: a. Applicants shall complete a board-approved application. Applications may be completed at the board’s website (www.idph.iowa.gov/licensure). b. Applicants shall submit the appropriate fees payable to the Board of Optometry. The fees are nonrefundable. c. No application will be considered complete until official copies of academic transcripts sent directly to the board from an accredited school or college of optometry are received by the board and the applicant submits proof of satisfactory completion of all educational requirements contained in Iowa Code chapter 154. d. Applicants shall provide evidence of passing all current NBEO examinations including the Treatment and Management of Ocular Disease examination. e. Licensees who were issued their licenses within six months prior to the renewal date shall not be required to renew their licenses until the renewal date two years later. ITEM 2. Rescind subrule 180.3(1) and adopt the following new subrule in lieu thereof: 180.3(1) Applicants who have been licensed as an optometrist in another state may apply for licensure by endorsement by submitting the following: a. A completed licensure application and payment of the application fee. b. Verification of license(s) from every jurisdiction in which the applicant has been licensed showing the licensee’s name, date of initial licensure, current licensure status, and any disciplinary action taken against the license. c. Evidence of a passing score for all parts of the NBEO examination at the time of licensure as an optometrist in another state and evidence of a passing score for the Treatment and Management of Ocular Disease examination. d. Verification of current competence to practice as an optometrist by satisfying one of the following criteria: (1) Current CELMO certification; or (2) Practice as an optometrist for a minimum of 2,080 hours during the preceding two-year period; or (3) Employment as a faculty member teaching optometry in an accredited school of optometry for at least one academic year during the preceding two-year period; or (4) Completion of a minimum of 50 hours of continuing education during the preceding two-year period; or (5) Passing the NBEO examination during the preceding two-year period. ITEM 3. Rescind rule 645—180.11(17A,147,272C) and adopt the following new rule in lieu thereof:645—180.11(17A,147,272C) License reactivation. To apply for reactivation of an inactive license, a licensee must submit the following: 180.11(1) A completed reactivation application and payment of the application fee. 180.11(2) Verification of license(s) from every jurisdiction in which the licensee has been licensed showing the licensee’s name, date of initial licensure, current licensure status, and any disciplinary action taken against the license. 180.11(3) Verification of current competence to practice as an optometrist by satisfying one of the following criteria: a. Current CELMO certification; or b. Practice as an optometrist for a minimum of 2,080 hours during the preceding two-year period; or c. Employment as a faculty member teaching optometry in an accredited school of optometry for at least one academic year during the preceding two-year period; or d. Completion of a minimum of 50 hours of continuing education during the preceding two-year period; or e. Passing the NBEO examination during the preceding two-year period.ARC 6082CPharmacy Board[657]Notice of Intended ActionProposing rule making related to controlled substances and providing an opportunity for public comment
The Board of Pharmacy hereby proposes to amend Chapter 10, “Controlled Substances,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 124.201.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 124.201.Purpose and Summary This proposed rule making temporarily places one substance into Schedule I of the Iowa Uniform Controlled Substances Act in response to similar scheduling action taken by the federal Drug Enforcement Administration.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 657—Chapter 34. Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on January 4, 2022. Comments should be directed to: Sue Mears Board of Pharmacy 400 S.W. 8th Street, Suite E Des Moines, Iowa 50309 Email: sue.mears@iowa.gov Public Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Adopt the following new subrule 10.39(7): 10.39(7) Amend Iowa Code section 124.204(6) by adding the following new paragraph:j. 4,4’-Dimethylaminorex. Other names: 4,4’-DMAR; 4,5-dihydro-4-methyl-5-(4-methylphenyl)-2-oxazolamine; 40methyl-5-(4-methylphenyl)-4,5-dihydro-1,3-oxazol-2-amine.ARC 6075CTransportation Department[761]Notice of Intended ActionProposing rule making related to persons with disabilities parking permits and providing an opportunity for public comment
The Transportation Department hereby proposes to amend Chapter 411, “Persons with Disabilities Parking Permits,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 307.12 and 321L.8.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 321L.Purpose and Summary This proposed rule making relates to persons with disabilities (PWD) parking permits and aligns with existing legal authority and Department practice and eliminates outdated or irrelevant requirements or options. The rule defining a medical provider’s statement of disability is proposed to be amended to align with Iowa Code section 321L.2, which requires a medical provider’s statement of disability to be on the medical provider’s stationery. The proposed amendments clarify that stationery can include any communication, electronic or otherwise, that the Department can reasonably identify as originating from the applicant’s medical provider, which aligns with current Department practice and streamlines PWD parking permit application processing. The rule outlining the requirements for a PWD parking sticker is proposed to be amended to clarify that a PWD sticker is not intended to be placed on a PWD license plate because placing a PWD sticker on a PWD license plate would be redundant. The proposed amendments to the PWD parking permit application requirements align with Iowa Code requirements. These amendments allow the Department to accept a PWD parking permit application without the social security number, driver’s license number, or nonoperator’s identification card number of a person with a disability if the application is made on behalf of a person less than one year old. They also require a PWD parking permit application submitted by an organization to include both the name of the organization and the name of the authorized representative of the organization on the application, and they clarify that a PWD parking permit that is no longer being used may be returned to the Department, any driver’s license service center, or any law enforcement office.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 761—Chapter 11.Public Comment Any interested person may submit written comments concerning this proposed rule making or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 4, 2022. Comments should be directed to:Tracy George Department of Transportation DOT Rules Administrator, Government and Community Relations 800 Lincoln Way Ames, Iowa 50010 Email: tracy.george@iowadot.usPublic Hearing If requested, a public hearing to hear oral presentations will be held on January 6, 2022, via conference call at 10 a.m. Persons who wish to participate in the conference call should contact Tracy George before 4:30 p.m. on January 4, 2022, to facilitate an orderly hearing. A conference call number will be provided to participants prior to the hearing. Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George, the Department’s rules administrator, and advise of specific needs. The public hearing will be canceled without further notice if no oral presentation is requested.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend rule 761—411.1(321L) as follows:761—411.1(321L) Information and applications. Information and applications regarding persons with disabilities parking permits are available, electronically or otherwise, by mail from the Office of Vehicle and Motor Carrier ServicesVehicle Division, Iowa Department of Transportation, P.O. Box 9278, Des Moines, Iowa 50306-9278,; in person at 6310 SE Convenience Blvd., Ankeny, Iowa,; by telephone at (515)237-3110,; by facsimile at (515)237-3056,; by email at vscusto@iowadot.us; or on the department’s Web sitewebsite at www.iowadot.gov. ITEM 2. Amend subrule 411.2(2) as follows: 411.2(2) As used in this chapter, unless the context otherwise requires: "Child" means the same as defined in 761—subrule 401.20(2). "Health care provider" means a physician licensed under Iowa Code chapter 148 or 149, a physician assistant licensed under Iowa Code chapter 148C, an advanced registered nurse practitioner licensed under Iowa Code chapter 152, or a chiropractor licensed under Iowa Code chapter 151, or a physician, physician assistant, nurse practitioner, or chiropractor licensed to practice in a contiguous state as set forth in Iowa Code section 321L.2(1). "Nonexpiring removable windshield placard" means a removable windshield placard issued on or before December 31, 2016, to a person with a permanent disability. "Organization" means an applicant that is a corporation, partnership, sole proprietorship, business trust, estate, trust, limited liability company, association, joint venture, government, governmental subdivision, agency, instrumentality, public corporation, or any other legal or commercial entity lawfully doing business in the state of Iowa that has a program for transporting persons with disabilities or elderly persons. "Permanent disability" means an applicant is a person with a disability as defined in Iowa Code section 321L.1(8) and the disability will continue indefinitely without resolution and is reasonably expected to last the applicant’s lifetime. "Standard removable windshield placard" means a removable windshield placard issued on or after January 1, 2017, to a person with a permanent disability. "Statement of disability" means a communication, electronic or otherwise, originating from the applicant’s health care provider, which attests that the applicant is a person with a disability as defined in Iowa Code section 321L.1(8). The statement must state the nature of the applicant’s disability and indicate whether the applicant’s disability is “temporary” or “permanent.” If the disability is temporary, the statement shall state the period of time during which the applicant is expected to be disabled and the period of time for which the permit should be issued, not to exceed six months. The statement must reasonably identify, on or within its contents, that it originated from the applicant’s health care providerbe written on the health care provider’s stationery. "Stationery" means any communication, electronic or otherwise, from which the department may reasonably identify, on or within its contents, that it originated from the applicant’s health care provider. "Temporary disability" means an applicant is a person with a disability as defined in Iowa Code section 321L.1(8) and the disability is not permanent and is reasonably expected to last for only a limited period of time. "Temporary removable windshield placard" means a removable windshield placard issued to a person with a temporary disability. ITEM 3. Amend rule 761—411.3(321L) as follows:761—411.3(321L) Application for persons with disabilities parking permit. 411.3(1) General. An applicant shall submit a completed application for a persons with disabilities parking permit, including required supporting documentation, pursuant to this chapter and Iowa Code section 321L.2. a. An applicant may request one of the following persons with disabilities parking permits by completing Form 411055: (1) Temporary removable windshield placard. (2) Standard removable windshield placard. (3) Persons with disabilities special registration plate parking sticker. (4) Persons with disabilities special registration plates. An applicant seeking persons with disabilities special registration plates must also submit an application as described in rule 761—401.20(321). b. An organization seeking a persons with disabilities removable windshield placard shall complete Form 411355. An application made by an organization does not have to include a statement of disability. 411.3(2) Application requirements. An application shall include the applicant’s full legal name, address, date of birth, social security number or Iowa driver’s license number or Iowa nonoperator’s identification number, and a statement of disability from the applicant’s health care provider. However, if the application is made on behalf of a person who is less than one year old, the application does not havepursuant to Iowa Code section 321L.2, the department may accept the application without the requirement to include a social security number, Iowa driver’s license number, or nonoperator’s identification card number for the person. In lieu of a statement of disability from a health care provider, an applicant who is certified by the U.S. Department of Veterans Affairs as having a permanent disability may submit both of the following with an otherwise completed persons with disabilities parking permit application: a. Proof that the applicant is the subject of a certification of disability from the U.S. Department of Veterans Affairs. b. A self-certification, verified under penalty of perjury, that states the nature of the applicant’s disability and attests that the disability certified by the U.S. Department of Veterans Affairs is a permanent disability that impairs the applicant’s mobility to the extent defined in Iowa Code section 321L.1(8). The self-certification must be attested to on the persons with disabilities parking permit application. 411.3(3) Availability of application. Applications may be obtained from any of the following: a. The department’s Web sitewebsite as set forth in rule 761—411.1(321L). b. The department’s office of vehicle and motor carrier servicesmotor vehicle division. c. A driver’s license stationservice center. d. A county treasurer’s office. e. The Office of Persons with Disabilities, Iowa Department of Human Rights, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa 50319. 411.3(4) Application submission. Completed applications shall be submitted, electronically or otherwise, toin any of the followingways: a. The department’s office of vehicle and motor carrier servicesBy mail to the Motor Vehicle Division, Iowa Department of Transportation, P.O. Box 9278, Des Moines, Iowa 50306-9278; in person at 6310 SE Convenience Blvd., Ankeny, Iowa; by facsimile at (515)237-3056; or by email at vscusto@iowadot.us. b. AIn person at a driver’s license stationservice center. c. ATo the county treasurer’s office. 411.3(5) Application submitted by an organization. An application submitted by an organization shall include the name,of the organization; the name of its authorized representative; the mailing address, telephone number,and signature of its authorized representative,; and if required to obtain one, the organization’s federal employer identification number or federal tax identification number. ITEM 4. Amend subrule 411.5(1) as follows: 411.5(1) Eligibility. A persons with disabilities special registration plate parking sticker may be issued to a person with a permanent disability who owns a motor vehicle for which the person has been issued disabled veteran plates under Iowa Code section 321.105 or registration plates under Iowa Code section 321.34. A special registration plate parking sticker shall not be issued to a person with a temporary disability or to an organization.In no event shall a special registration plate parking sticker be placed on persons with disabilities special plates issued under Iowa Code section 321.34(14). ITEM 5. Amend rule 761—411.7(321L) as follows:761—411.7(321L) Return of persons with disabilities parking permit. A persons with disabilities parking permit issued pursuant to this chapter and Iowa Code section 321L.2 shall be returned to the department, to a driver’s license service center, or to any law enforcement office within ten days of an occurrence of any of the events set forth in Iowa Code section 321L.3(1) and in the manner prescribed in Iowa Code section 321L.3(3). ITEM 6. Amend subrule 411.9(2) as follows: 411.9(2) The request shall be submitted in writing, to the director of the office of vehicle and motor carrier servicesvehicle division, at the address listed in rule 761—411.1(321L), and may be submitted electronically by facsimile, e-mailemail or other means prescribed by the department. To be timely, the request must be submitted within ten days of the receipt of notice of revocation.ARC 6087CEconomic Development Authority[261]Filed Emergency After NoticeRule making related to Hoover presidential library tax credit
The Economic Development Authority hereby adopts new Chapter 43, “Hoover Presidential Library Tax Credit,” 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 588.State or Federal Law Implemented This rule making implements, in whole or in part, 2021 Iowa Acts, House File 588.Purpose and Summary Pursuant to 2021 Iowa Acts, House File 588, the Authority will develop a system for authorization of tax credits and will control the distribution of tax credits for donations to the Hoover Presidential Library Foundation for its library and museum renovation project fund. The tax credit created by House File 588 is allowed against specific taxes for tax years beginning on or after January 1, 2021, but before January 1, 2024. The aggregate amount of tax credits authorized is $5 million. These rules implement the legislation.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 22, 2021, as ARC 5908C. No public comments were received. One change from the Notice has been made. A reference to 2021 Iowa Acts, House File 588, has been removed from the implementation sentence of Chapter 43 since the amendments in the House File will be codified by the time this rule making becomes effective. 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 November 19, 2021, because the rule implements a new tax credit for the benefit of donors to the Hoover Presidential Library Foundation.Adoption of Rule Making This rule making was adopted by the Authority Board on November 19, 2021.Fiscal Impact This rule making has no fiscal impact to the State of Iowa beyond that of the legislation it implements. 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 became effective on November 19, 2021. The following rule-making action is adopted:
ITEM 1. Adopt the following new 261—Chapter 43: CHAPTER 43HOOVER PRESIDENTIAL LIBRARY TAX CREDIT261—43.1(15E) Purpose. The purpose of the Hoover presidential library tax credit is to encourage donations to the Hoover presidential foundation for the Hoover presidential library and museum renovation project. 261—43.2(15E) Definitions. "Authority" means the economic development authority created in Iowa Code section 15.105. "Department" means the Iowa department of revenue. "Donor" means a person who makes an unconditional charitable donation to the Hoover presidential foundation for the Hoover presidential library and museum renovation project fund. "Tax credit" means the amount a taxpayer may claim against the taxes imposed in Iowa Code chapter 422, subchapters II, III, and V, and in Iowa Code chapter 432, and against the moneys and credits tax imposed in Iowa Code section 533.329.261—43.3(15E) Authorization of tax credits. 43.3(1) For tax years beginning on or after January 1, 2021, but before January 1, 2024, a tax credit shall be allowed against the taxes imposed in Iowa Code chapter 422, subchapters II, III, and V, and in Iowa Code chapter 432, and against the moneys and credits tax imposed in Iowa Code section 533.329, equal to 25 percent of a donor’s charitable donation made on or after July 1, 2021, to the Hoover presidential foundation for the Hoover presidential library and museum renovation project fund. 43.3(2) A donor shall not claim a tax credit for a donation made during a tax year beginning before January 1, 2021, or after December 31, 2023. 43.3(3) To receive the tax credit, a donor shall file a claim with the department in accordance with any applicable administrative rules adopted by the department. 261—43.4(15E) Tax credit limitations. 43.4(1) The aggregate amount of tax credits authorized for the program shall not exceed a total of $5 million. 43.4(2) The maximum amount of tax credits granted to any one person shall not exceed $250,000. 43.4(3) Ten percent of the aggregate amount of tax credits authorized, or $500,000, shall be reserved for those donations in amounts of $30,000 or less. If any portion of the reserved tax credits has not been distributed by September 1, 2023, the remaining reserved tax credits shall be available after September 1, 2023, to any other eligible person.261—43.5(15E) Distribution process and review criteria. 43.5(1) The authority shall develop and make available a standardized application pertaining to the authorization and distribution of tax credits. The application shall request information to document that a qualified donation has been made, and any other information required by the authority. Qualifying donors shall be issued a tax credit certificate to be included with the donor’s Iowa tax return. 43.5(2) Applications will be accepted and awarded on an ongoing basis. 43.5(3) If, before September 1, 2023, the authority receives tax credit applications in excess of $4.5 million for donations greater than $30,000, the authority shall establish a waitlist to receive any portion of the reserved tax credits that are not distributed by September 1, 2023. Applications on the waitlist shall be prioritized by the date the authority received the applications. If any portion of the reserved tax credits under subrule 43.4(3) becomes available after September 1, 2023, the authority shall approve the waitlisted applications and issue tax credit certificates in the order they are listed on the waitlist, up to the amount of the remaining reserved tax credits. Placement on a waitlist does not constitute a promise binding the state that persons placed on the waitlist will actually receive a tax credit in a future year. The availability of a tax credit and approval of a tax credit application in a future year is contingent upon the availability of tax credits in that particular year. These rules are intended to implement Iowa Code section 15E.364. [Filed Emergency After Notice 11/19/21, effective 11/19/21][Published 12/15/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/15/21.ARC 6072CPublic Safety Department[661]Filed Emergency After NoticeRule making related to electrical installations
The Electrical Examining Board hereby amends Chapter 504, “Standards for Electrical Work,” Iowa Administrative Code. Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 103.6(1).State or Federal Law Implemented This rule making implements, in whole or in part, 2021 Iowa Acts, House File 871.Purpose and Summary This rule making removes the January 1, 2022, expiration date in rule 661—504.1(103) and brings that rule into alignment with 2021 Iowa Acts, House File 871, section 25. This rule making provides consistency and predictability regarding the rules applicable to electrical installations in Iowa by clarifying that the amendments in rule 661—504.1(103) will remain in effect until the Board issues additional rule making in response to any changes to the National Electrical Code, 2020 edition.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 5838C. An Amended Notice of Intended Action was published in the Iowa Administrative Bulletin on September 22, 2021, as ARC 5918C. A public hearing was held on October 21, 2021. No one attended the public hearing. 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), the Board finds that the normal effective date of this rule making, 35 days after publication, should be waived and the rule making made effective on January 1, 2022, because the existing sunset provision expires on January 1, 2022, in contravention of 2021 Iowa Acts, House File 871, section 25. Bringing the rule into alignment with House File 871 before the provision expires provides a benefit to licensed electricians, home builders, and the general public by making clear what amendments are still in effect for 2022 with regard to the National Electrical Code.Adoption of Rule Making This rule making was adopted by the Board on November 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 the provisions of rule 661—10.222(17A).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on January 1, 2022. The following rule-making action is adopted:
ITEM 1. Amend rule 661—504.1(103), introductory paragraph, as follows:661—504.1(103) Installation requirements. The provisions of the National Electrical Code, 2020 edition, published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169-7471, are adopted as the requirements for electrical installations performed by persons licensed pursuant to 661—Chapters 500 through 503 and to installations subject to inspection pursuant to Iowa Code chapter 103with the following amendments, which shall expire on January 1, 2022. The following amendments are effective as of May 1, 2021, shall not expire, and shall remain in effect until, at minimum, the effective date of rules adopted by the board in regard to either (1) a subsequent edition of the National Electrical Code; or (2) subsequent amendments, issued and adopted by the National Fire Protection Association, to the National Electrical Code, 2020 edition: [Filed Emergency After Notice 11/15/21, effective 1/1/22][Published 12/15/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/15/21.ARC 6090CAdministrative Services Department[11]Adopted and FiledRule making related to blood, bone marrow, and living organ donation leave for state employees
The Administrative Services Department hereby amends Chapter 63, “Leave,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 8A.104, 8A.413(20), 17A.3 and 17A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 70A.39 as amended by 2021 Iowa Acts, Senate File 336.Purpose and Summary These amendments update Chapter 63, “Leave,” to comport with changes to the Iowa Code made by 2021 Iowa Acts, Senate File 336, which relates to the blood, bone marrow, and living organ donation incentive program for state employees. These amendments update terms to align with this legislation. In addition, they include procedures appointing authorities may take to ensure adequate staffing in the event of blood donation requests.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 20, 2021, as ARC 5980C. A public hearing was held on November 9, 2021, at 10 a.m. in the Procurement Conference Room, A Level, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa. No one attended the public hearing. No public comments were received. References to 2021 Iowa Acts, Senate File 336, have been removed since the amendments in the Senate File will have been codified by the time this rule making becomes effective. No other changes from the Notice have been made. Adoption of Rule Making This rule making was adopted by the Department on November 24, 2021.Fiscal Impact A fiscal impact cannot be determined because it is impossible to know how many State employees will elect to donate blood and how often. In addition, the Department cannot predict how often or how many employees will donate bone marrow or a living organ and thus cannot estimate the total amount of leave taken from work. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers The Department will not grant waivers under the provisions of these rules, other than as may be allowed under Chapter 9 of the Department’s rules concerning waivers.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on January 19, 2022. The following rule-making action is adopted:
ITEM 1. Amend rule 11—63.20(8A,70A) as follows:11—63.20(8A,70A) BoneBlood, bone marrow, andliving organ donation leave. Employees, excluding employees covered by a collective bargaining agreement that provides otherwise, shall be granted leave pursuant to Iowa Code section 70A.39. An employee who is granted a leave of absence under Iowa Code section 70A.39 shall receive leave without loss of seniority, pay, vacation time, personal days, sick leave, insurance and health coverage benefits, or earned overtime accumulation.To ensure adequate staffing, an appointing authority may require employees to request leave, in advance, to serve as a voluntary blood donor pursuant to Iowa Code section 70A.39(2)“c.” An employee who requests leave to serve as a voluntary blood donor pursuant to Iowa Code section 70A.39(2)“c” may be denied such leave by the appointing authority if granting the leave would unreasonably impact the operational efficiency of the agency. The employee shall be compensated at the employee’s regular rate of pay for those regular work hours during which the employee is absent from work. An employee deemed to be on leave under Iowa Code section 70A.39 shall not be deemed to be an employee of the state for purposes of workers’ compensation or for purposes of the Iowa tort claims Act, Iowa Code chapter 669. [Filed 11/24/21, effective 1/19/22][Published 12/15/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/15/21.ARC 6089CAdministrative Services Department[11]Adopted and FiledRule making related to continuation of health insurance coverage for surviving spouses and children of eligible department of correction employees
The Administrative Services Department hereby amends Chapter 64, “Benefits,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 8A.104, 8A.413, 17A.3 and 17A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 8A.402(1)“c” as amended by 2021 Iowa Acts, House File 861, section 32.Purpose and Summary These amendments comport with 2021 Iowa Acts, House File 861, section 32. This legislation creates new Iowa Code section 509A.13D, which provides for continuing health care benefits coverage for the surviving spouse and each surviving child of an eligible employee of the Iowa Department of Corrections. Pursuant to Iowa Code section 8A.402(1)“c,” the Department is the central agency responsible for state human resource management, including employee benefits. This new Iowa Code section says, in part, that the governing body of the State shall permit continuation of existing health insurance coverage for the surviving spouse and each surviving child of an eligible employee of the Iowa Department of Corrections in the event of that employee’s death 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 October 20, 2021, as ARC 5982C. A public hearing was held on November 9, 2021, at 1 p.m. in the Procurement Conference Room, A Level, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa. At the public hearing, Michael Savala of the Iowa Department of Corrections submitted a comment in support of this rule making in light of the tragedy at the Anamosa prison earlier this year. No other public comments were received. One change from the Notice has been made in Item 2 to replace the reference to 2021 Iowa Acts, House File 861, with the reference to the upcoming 2022 Iowa Code.Adoption of Rule Making This rule making was adopted by the Department on November 24, 2021.Fiscal Impact The fiscal impact cannot be determined since it is impossible to predict how many eligible employees would fall into this category in the future and what varying health care coverage details would be involved. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers The Department will not grant waivers under this provision of these rules, other than as may be allowed under Chapter 9 of the Department’s rules concerning waivers.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on January 19, 2022. The following rule-making actions are adopted:
ITEM 1. Amend subrule 64.15(3) as follows: 64.15(3) The surviving spouse and each surviving child of an eligible peace officer or fire fighter, as defined in 2018 Iowa Acts, House File 2502Iowa Code section 509A.13C, are eligible for the continuation of existing, or reenrollment in previously existing, health insurance coverage. ITEM 2. Adopt the following new subrule 64.15(4): 64.15(4) The surviving spouse and each surviving child of an eligible employee of the Iowa department of corrections, as defined in Iowa Code section 509A.13D, are eligible for the continuation of existing, or reenrollment in previously existing, health insurance coverage. [Filed 11/24/21, effective 1/19/22][Published 12/15/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/15/21.ARC 6094CCredit Union Division[189]Adopted and FiledRule making related to education requirements
The Credit Union Division hereby amends Chapter 2, “Organization, Chartering and Field of Membership of a Credit Union,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 533.104 and 533.107.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 533.113A, 533.205(3)“c,” and 533.205(3)“g.”Purpose and Summary This amendment codifies the Division’s expectations regarding state credit union boards of directors’ education requirements and is comparable to requirements for federally chartered credit unions’ boards of directors.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 25, 2021, as ARC 5880C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Credit Union Review Board on September 29, 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 Division for a waiver of the discretionary provisions, if any, pursuant to 189—Chapter 23.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on January 19, 2022. The following rule-making action is adopted:
ITEM 1. Amend rule 189—2.9(533) as follows:189—2.9(533) Board of directors meeting requirements. 2.9(1) The board of directors shall hold at least 12 regular meetings each calendar year. No more than one regular meeting shall be held in one calendar month. 2.9(2) A quorum shall be required to undertake any credit union business and required at any meeting of the board of directors called by the superintendent pursuant to Iowa Code chapter 533. 2.9(3) A director or committee member must be able to read and understand the credit union’s balance sheet and income statement, have a working knowledge of basic finance and generally accepted accounting principles (GAAP) utilized in the credit union, be able to understand the risk found in depository institutions and credit union board governance, and understand the internal control structures of the credit union. If a director or committee member does not have the requisite skills when elected or appointed, the director or committee member must obtain these skills in a timely manner, not to exceed 12 months. This rule is intended to implement Iowa Code sections 533.205(3)“c”533.205(3)“c,”533.205(3)“g,” and 533.113A. [Filed 11/24/21, effective 1/19/22][Published 12/15/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/15/21.ARC 6093CCredit Union Division[189]Adopted and FiledRule making related to secondary capital agreements
The Credit Union Division hereby amends Chapter 7, “Low-Income Designated Credit Union,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 533.104 and 533.107.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 533.301(1).Purpose and Summary This amendment articulates requirements for credit unions to notify the Division prior to funding secondary capital agreements.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 25, 2021, as ARC 5879C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Credit Union Review Board on September 29, 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 Division for a waiver of the discretionary provisions, if any, pursuant to 189—Chapter 23.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on January 19, 2022. The following rule-making action is adopted:
ITEM 1. Adopt the following new rule 189—7.7(533):189—7.7(533) Funding secondary capital. At least 30 days prior to funding any secondary capital agreement, a credit union shall notify the superintendent and provide the secondary capital account contract agreement, accurately disclosing the terms and conditions of the agreement, and due diligence completed by the credit union. [Filed 11/24/21, effective 1/19/22][Published 12/15/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/15/21.ARC 6091CCredit Union Division[189]Adopted and FiledRule making related to membership voting
The Credit Union Division hereby amends Chapter 12, “Votes of the Membership,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 533.201 and 533.203.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 533.201 and 533.203.Purpose and Summary These amendments are intended to simplify and update the technical requirements for substantive votes of the credit union membership. These amendments consolidate technical rules into a comprehensive voting system and articulate substantive components in individual subrules.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 25, 2021, as ARC 5882C. The Iowa Division of Credit Unions received clarification questions regarding subrule 12.2(3), rule 189—12.3(533), and rule 189—12.4(533). Questions were submitted via email. Requests included adding in-person voting to absentee voting, not requiring direct notice mailings, and clarifying additional nomination procedures. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Credit Union Review Board on September 29, 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 Division for a waiver of the discretionary provisions, if any, pursuant to 189—Chapter 23.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on January 19, 2022. The following rule-making actions are adopted:
ITEM 1. Amend rule 189—12.1(533) as follows:189—12.1(533) Voting requirements and eligibility. 12.1(1) All elections are determined by plurality vote. 12.1(2) A member shall have one vote regardless of the number of or class of shares held by the member. Jointly held ownership shares are entitled to one vote, and joint tenants shall not be permitted to cast more than one vote per ownership share jointly held. 12.1(3) Members shall not vote by proxy. 12.1(4) A member other than a natural person may cast a single vote through a delegated agent. 12.1(5) Members shall be at least 16 years of age by the date of the meeting in order to vote, sign nominating petitions, or sign petitions requesting special meetings. 12.1(6) Members shall be at least 18 years of age by the date of the meeting where the election or appointment will occur in order to hold an elected or appointed position. 12.1(7) The quorum for membership votes shall be no less than twice the members of the board of directors, plus two, as recorded in the credit union’s bylaws. 12.1(8) Member voting shall be conducted in accordance with rules 189—12.2(533) and 189—12.3(533) and any specific voting requirements established for individual substantive voting. ITEM 2. Renumber rules 189—12.2(533) to 189—12.12(533) as 189—12.4(533) to 189—12.14(533). ITEM 3. Adopt the following new rule 189—12.2(533):189—12.2(533) Voting procedures. 12.2(1) Vote by board of directors. The board of directors shall, by majority vote, select the method of voting for any vote of the membership, in accordance with Iowa Code section 533.203. Each credit union member shall have a meaningful opportunity to vote in a membership vote. 12.2(2) Election committee. The board shall appoint an election committee of not fewer than five members, none of whom may have a vested interest in the substantive vote and no more than two of whom may be from the board of directors. a. It is the duty of the election committee to oversee balloting, to tabulate votes or cause the votes to be tabulated by an independent vendor, to ensure that each member shall only be allowed to vote once, and to ensure that multiple ballots submitted by the same member are disqualified. b. Prior to any meeting where voting is also scheduled to take place, the election committee shall tally all properly cast ballots and take the tallies to the meeting. If no meeting is scheduled for voting, the election committee shall tally the votes and certify the vote count to the board no later than five days after the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting, and shall publish the results in accordance with rule 189—12.12(533). The election committee shall elect a chairperson from among the committee members. The chairperson of the election committee shall announce the results of the vote at the meeting of the membership. c. No member or agent of the election committee shall reveal the manner in which any member voted. d. If the board of directors, by majority vote, has elected to utilize electronic voting, the election committee shall test the integrity of the electronic voting system at regular intervals during the election period. In the event of a malfunction of the electronic voting system, the board may in its discretion order the election to be held in another form, consistent with Iowa Code section 533.203. e. For electronic ballots, it is the duty of the election committee to verify, or cause to be verified, the name and credit union account number of the voter as registered in the electronic voting system. f. For mail-in ballots, including absentee ballots, it is the duty of the election committee to verify, or cause to be verified, the name and credit union account number of the voter as they appear on the identification form; to place the verified identification form and the sealed ballot envelope in a place of safekeeping pending the count of the vote; and, in the case of a questionable or challenged identification form, to retain the identification form and sealed ballot envelope together until the verification or challenge has been resolved. 12.2(3) Notice of balloting. At least 20 days but not more than 60 days prior to the closing date of balloting, the secretary shall set forth the substantive vote in its entirety, including the reasoning of the board of directors or the nominees for election, in a notice to all members eligible to vote. a. The notice shall set forth the rules and procedures for voting, the date of the close of balloting for ballots submitted other than in person at a meeting held for the purpose of voting, that balloting is subject to an affirmative vote of a majority of ballots cast, and that no other vote on the subject shall be taken after the closing date of balloting except for votes cast in person at a meeting held for the purpose of voting. The notice shall also contain a summary of the board’s reasons for submitting the vote. (1) The close of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting shall be at least five days prior to any meeting where voting will occur. (2) Electronic ballots shall be submitted no later than midnight on the date balloting closes for ballots submitted other than in person during voting at a meeting held for the purpose of voting in order to be considered valid. (3) Ballots mailed to the credit union shall be postmarked no later than the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting and shall be received within five business days after the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting in order to be considered valid. (4) Ballots hand-delivered to the credit union shall be received prior to the close of normal credit union business hours on the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting in order to be considered valid. (5) If more than one method of voting will be used, the notice shall also communicate that members have the right to vote through any of the methods of voting designated by the board but that members will only be allowed to vote once. b. The notice must be sent to each member through an independent mailing to members, statements, or newsletters, and posted on the credit union’s website, or on signs posted in the credit union. c. The notice may be sent electronically to those members who have opted to receive notices electronically. ITEM 4. Adopt the following new rule 189—12.3(533):189—12.3(533) Voting methods and requirements. 12.3(1) Mailed ballots. If the board of directors, by majority vote, has elected to conduct the election in whole or in part by mailed ballot, then the secretary shall send with the notice of balloting a mail-in ballot. a. The secretary shall include the following materials for balloting: (1) One ballot, clearly identified as the ballot meeting the specific requirements of the topic of voting. (2) One ballot envelope clearly marked “ballot” with instructions that the completed ballot shall be placed in that envelope and sealed. (3) One identification form to be completed by the voter to include the name, address, signature, and credit union account number of the voter. (4) One mailing envelope in which the voter, following instructions provided, shall insert the sealed “ballot” envelope and the identification form. The mailing envelope shall be preaddressed for return to the election committee. b. If the credit union will also be conducting electronic voting, the mail-in ballot is not required for members who have opted to receive notices or statements electronically, and electronic mail may be used to provide the instructions for the electronic voting procedure. c. Ballots mailed to the election committee or hand-delivered to the credit union shall be received unopened and placed in ballot boxes. The ballot boxes shall be opened by and the vote tallied by the election committee. d. If voting will also occur at the membership meeting, the ballot boxes shall be opened by and the vote tallied by the election committee, the tallies placed in the ballot boxes, and the ballot boxes resealed to be taken to the meeting. If voting is not scheduled to occur at a meeting of the membership, the election committee shall tally the votes and certify the vote count to the board no later than five days after the close of balloting for ballots submitted other than in person during voting at the membership meeting. 12.3(2) Electronic voting. The board of directors shall vote to conduct the vote in whole by electronic voting only if all members have access to an electronic voting device. If the number of members who have opted to receive notices electronically is less than all members, the board may provide access to an electronic device in each credit union office for the members to vote electronically or written ballots in the credit union in order to satisfy the access requirement. Otherwise, the board shall also conduct the vote in part by mail-in ballot or in person at the meeting of the membership, pursuant to the requirements of this rule. 12.3(3) Instructions for electronic voting. If the board of directors, by majority vote, has elected to conduct the election in whole or in part by electronic voting, then the secretary shall include with the notice of balloting specific instructions for electronic voting. a. The instruction sheet for electronic voting shall contain specific instructions for electronic voting, including how to access and use the electronic voting system, and the period of time in which votes will be taken. b. For those members who have opted to receive notices or statements electronically, the instructions for electronic voting required under this subrule may be communicated electronically. c. The electronic voting shall be tallied by the election committee. If voting will also occur at the membership meeting, then the results shall be verified at the meeting. d. If voting is not scheduled to occur at the membership meeting, the election committee shall tally the votes and certify the vote count to the board no later than five days after the close of balloting for ballots submitted other than in person during voting at the membership meeting. 12.3(4) Absentee ballots. If the board of directors, by majority vote, has elected to conduct the election other than mail-in only, the board may also, by majority vote, utilize absentee ballots when no additional nominations will be taken from the floor at a meeting of the members and when, in the opinion of the board, it is in the best interest of the credit union and its membership. a. The notice of balloting shall include a notification that a member may vote by absentee ballot if the member submits a written or electronic request for an absentee ballot, or requests a ballot in person at a credit union branch, and returns the ballot prior to the close of balloting for ballots submitted other than in person during voting at the meeting, or by the close of balloting for each voting method if a subsequent in-person vote is not held. b. Upon request, the balloting materials specified in paragraph 12.3(1)“a” shall be provided to each member who is eligible to vote and who has submitted an in-person, written, or electronic request for an absentee ballot. c. Absentee ballots mailed to the election committee or hand-delivered to the credit union shall be received unopened and deposited in ballot boxes. The ballot boxes shall be opened by and the vote tallied by the election committee, the tallies placed in the ballot boxes, and the ballot boxes resealed to be taken to the meeting of the membership or tallies shall be added to remaining vote tallies if no meeting of the membership is held. 12.3(5) In-person voting at meeting. If the board of directors has elected, upon a favorable vote of the majority, to conduct a vote in whole or in part at a meeting of members, printed ballots shall be given at the meeting to those members who have not voted by another method. a. The completed ballots shall be deposited in ballot boxes placed in conspicuous locations by the election committee before the meeting. b. After the members have been given an opportunity to vote, balloting shall be closed, the ballot boxes opened and the vote tallied by the election committee and added to any previous count of mailed or electronic ballots. c. The election committee shall immediately certify the vote count to the board. The chairperson of the election committee shall announce the result of the vote at the meeting. ITEM 5. Amend renumbered rule 189—12.4(533) as follows:189—12.4(533) Nomination proceduresSpecific voting requirements for the board of directorselections. 12.4(1) Nominating committee. If the board has determined that voting for directors at the annual meeting will be conducted via one or more methods other than only in-person voting at the meeting, then at least 120 days before each annual meeting, the chairperson of the board shall appoint a nominating committee of three or more members, none of whom are directors currently eligible for reelection or their immediate family members. a. It is the duty of the nominating committee to nominate at least one member for each vacancy, including for any unexpired-term vacancy, for which elections are being held and to obtain a signed certificate from the members nominated that they are agreeableagree to the placing of their names in nomination, will accept office if elected, and will cooperate with any background check required by the credit union. b. The nominating committee shall file its nominations with the secretary of the credit union boardof directors at least 90 days before the annual meeting. c. Nominations made by the nominating committee are not subject to the petition process in subrule 12.2(2)12.4(2). 12.4(2) Nominations by petition. If the board of directors determines pursuant to subrule 12.3(1)12.2(1) that voting for directors will be conducted in whole or in part by mail or electronic ballots prior to the annual meeting, then nominations shall not be taken from the floor at the annual meeting and the nominating committee shall accept additional nominations by petition. a. At least 90 days before the annual meeting, the secretary shall notify in writing all members eligible to vote that nominations for vacancies may be made by petition signed by at least 1 percent of the members, subject to a minimum of 20 members and a maximum of 200 members. (1) The notice shall indicate that there will be no nominations from the floor at the annual meeting. (2) The notice shall include a list of the nominating committee’s nominees and a brief statement of the nominees’ qualifications and biographical data in a form approved by the board of directors. Each nominee by petition shall submit a similar statement of qualifications and biographical data with the petition. (3) Nominations by petition shall be accompanied by astatement of qualifications and biographical data, as well as a signed certificate from the nominee stating that the nominee is agreeableagrees to nomination, will serve if elected to office, and will cooperate with any background check required by the credit union, and understands and agrees to the board of director oath of office. (4) The period for receiving nominations by petition shall extendNominations by petition shall be accepted for at least 30 days from the date that the notice is sent. Petitions shallmust be filed with the secretary of the credit unionboard of directors at least 60 days before the annual meeting. (5) Nominations by petition which are received after the closing date, or which are otherwise incomplete because they do not include a statement of qualifications and biographical data, or certification agreeing to the nomination and indicating a willingness to serve, shall be disqualified by the board secretary. The secretary shall immediately notify the nominee of the disqualification and of the reason. A petition for a disqualified nominee may be refiled provided that all requirements, including the closing date for receiving nominations by petition, are met. b. The notice may be included with the notice of annual meeting, in statements or newsletters, on the credit union website, or on signs posted in theeach credit unionoffice. c. The secretary may use electronic mail to notify members who have opted to receive notices or statements electronically. 12.4(3) Posting of nominations. The secretary shall ensure that all nominations are posted in a conspicuous place in each credit union officeand interactive teller machine (ITM) terminal at least 30 days but no more than 60 days before the annual meeting. 12.4(4) Alternative scheduleNominations from the floor—voting only in person at annual meeting. If the board of directors determines that voting at the annual meeting shall only be conducted in person, and nominations will be taken from the floor at the annual meeting, the chairperson of the board shall appoint a nominating committee of three or more members, none of whom are directors currently eligible for reelection or their immediate family members, at least 60 days before the annual meeting. The nominating committee shall not solicit additional nominations by petition pursuant to subrule 12.2(2)12.4(2). Nominations shall be posted according to subrule 12.2(3)12.4(3). a. If no electronic, mail-in, or absentee balloting has occurred and nominations will be taken from the floor, then at the annual meeting, printed ballots shall be distributed to those in attendance after additional nominations are taken from the floor or the ballots shall have blank spaces to write in additional names. The ballots shall be deposited in ballot boxes placed in conspicuous locations by the election committee before the meeting. b. After members have been given an opportunity to vote, balloting shall be closed, the ballot boxes opened and the vote tallied by the election committee. c. The election committee shall immediately certify the vote count to the board. The chairperson of the election committee shall announce the result of the vote at the annual meeting. 12.4(5) Nomination notification by newsletter. The board of directors may determine that the entire credit union membership will be notified via newsletter or other written communication of the opportunity to nominate an individual for the board of directors. a. If the membership is notified of nominations via newsletter or other written communication at least 90 days before the annual meeting, the secretary shall: (1) Send the newsletter or other written communication to the entire membership via U.S. mail or electronic mail to members who have opted to receive notices or statements electronically and indicate a physical location or email address where nominations can be sent; (2) Indicate in the notice that there will be no nominations from the floor at the annual meeting; and (3) Indicate in the notice that the nominating committee will vet the candidatesto confirm each candidate is eligible and present a list of the eligible candidates prior to the voting period. b. If the board of directors utilizes the nomination notification by newsletter pursuant to this rule, then nominations shall not be taken from the floor at the annual meeting as set forth in subrule 12.3(7)12.4(4) and nomination notifications made pursuant to this rule are not subject to the nomination-by-petition process in subrule 12.2(2)12.4(2). ITEM 6. Amend renumbered rule 189—12.5(533) as follows:189—12.5(533) ElectionSpecific election procedures for the board of directorselections. 12.5(1) Vote by board of directors. The board of directors shall, by majority vote, select the method of voting for the membership vote for the election of directors, in accordance with Iowa Code section 533.203. Each credit union member shall have a meaningful opportunity to vote in a membership vote. The board of directors shall vote to conduct the vote in whole by electronic voting only if all members have access to an electronic voting device. If the number of members who have opted to receive notices electronically is less than all members, the board may provide access to an electronic device in each credit union office for the members to vote electronically in order to satisfy the access requirement. Otherwise, the board shall also conduct the vote in part by mail-in ballot or in person at the annual meeting, pursuant to the requirements of this rule. 12.5(2) Election committee. The board of directors shall appoint an election committee of not fewer than five members, none of whom may be a current director or nominee for office or an immediate family member of any director or nominee for office. a. It is the duty of the election committee to oversee balloting, to tabulate votes, and to ensure that each member shall only be allowed to vote once and that multiple ballots submitted by the same member are disqualified. b. The election committee shall elect a chairperson from among the committee members. The chairperson of the election committee shall announce the results of the election at the annual meeting. c. No member or agent of the election committee shall reveal the manner in which any member voted. d. If the board of directors, by majority vote, has elected to utilize electronic voting, the election committee shall test the integrity of the electronic voting system at regular intervals during the election period. In the event of a malfunction of the electronic voting system, the board may in its discretion order the election to be held in another form, consistent with Iowa Code section 533.203. e. For electronic ballots, it is the duty of the election committee to verify, or cause to be verified, the name and credit union account number of the voter as registered in the electronic voting system. f. For mail-in ballots, including absentee ballots, it is the duty of the election committee to verify, or cause to be verified, the name and credit union account number of the voter as they appear on the identification form, to place the verified identification form and the sealed ballot envelope in a place of safekeeping pending the count of the vote, and, in the case of a questionable or challenged identification form, to retain the identification form and sealed ballot envelope together until the verification or challenge has been resolved. 12.(3) 12.5(2) Notice of balloting. At least 20 days but not more than 30 days prior to the close of balloting, the secretary shall produce a notice of balloting.In addition to the requirements in subrule 12.2(3), the notice of balloting for board of directors elections shall include the following: a. The notice of balloting shall state the names of the candidates for the board of directors. The name of each candidate shall be followed by a brief statement of the candidate’s qualifications and biographical data in a form approved by the board of directors. b. If the board of directors elected to accept additional nominations by petition, then the notice of balloting shall state that additional nominations shall not be taken from the floor at the annual meeting. In this event, the board may vote to conduct the election in any form permitted by Iowa Code section 533.203. c. If the board of directors did not elect to accept additional nominations by petition, then the notice of balloting shall state that additional nominations will be taken from the floor at the annual meeting. In this event, the board may only vote to conduct the election in person at the annual meeting, and not by mail-in ballot, electronic voting, absentee voting, or any combination permitted by Iowa Code section 533.203. d. The notice shall set forth the rules and procedures for voting and the date of the close of balloting for ballots submitted other than in person during voting at the annual meeting. (1) The close of balloting for ballots submitted other than in person during voting at the annual meeting shall be at least two days prior to any meeting where voting will occur. (2) Electronic ballots shall be submitted no later than midnight on the date balloting closes for ballots submitted other than in person during voting at the annual meeting in order to be considered valid. (3) Ballots mailed to the credit union shall be postmarked no later than the closing date of balloting for ballots submitted other than in person during voting at the annual meeting and received within five business days after the closing date of balloting for ballots submitted other than in person during voting at the annual meeting in order to be considered valid. (4) Ballots hand-delivered to the credit union shall be received prior to the close of normal credit union business hours on the closing date of balloting for ballots submitted other than in person during voting at the annual meeting in order to be considered valid. (5) If more than one method of voting will be used, the notice shall also communicate that members have the right to vote through any of the methods of voting designated by the board, but that members will only be allowed to vote once. e. The notice may be included with notice of the annual meeting and in statements or newsletters, on the credit union website, or on signs posted in the credit union. f. Electronic mail may be used to provide the notice of balloting to members who have opted to receive notices or statements electronically. 12.5(4) Mailed ballots. If the board of directors, by majority vote, has elected to conduct the election in whole or in part by mailed ballot, then the secretary shall send with the notice of balloting a mail-in ballot. a. The secretary shall include the following materials for balloting: (1) One ballot, clearly identified as the ballot, on which the names of the candidates for the board of directors are printed in random order. (2) One ballot envelope clearly marked “ballot” with instructions that the completed ballot shall be placed in that envelope and sealed. (3) One identification form to be completed so as to include the name, address, signature, and credit union account number of the voter. (4) One mailing envelope in which the voter, following instructions provided, shall insert the sealed “ballot” envelope and the identification form. The mailing envelope shall be preaddressed for return to the election committee. b. If the credit union will also be conducting electronic voting, the mail-in ballot is not required for members who have opted to receive notices or statements electronically, and electronic mail may be used to provide the instructions for the electronic voting procedure. c. Ballots mailed to the election committee or hand-delivered to the credit union shall be received unopened and placed in ballot boxes. The ballot boxes shall be opened by and the vote tallied by the election committee. d. If voting will also occur at the annual meeting, the ballot boxes shall be opened by and the vote tallied by the election committee, the tallies placed in the ballot boxes, and the ballot boxes resealed to be taken to the annual meeting. If voting is not scheduled to occur at the annual meeting, the election committee shall tally the votes and certify the vote count to the board no later than five days after the close of balloting for ballots submitted other than in person during voting at the annual meeting. 12.5(5) Electronic voting. If the board of directors, by majority vote, has elected to conduct the election in whole or in part by electronic voting, then the secretary shall include with the notice of balloting specific instructions for electronic voting. a. The instruction sheet for electronic voting shall contain specific instructions for electronic voting, including how to access and use the electronic voting system, and the period of time in which votes will be taken. b. For those members who have opted to receive notices or statements electronically, the instructions for electronic voting required under this subrule may be communicated electronically. c. The electronic voting shall be tallied by the election committee. If voting will also occur at the annual meeting, then the results shall be verified at the meeting. d. If voting is not scheduled to occur at the annual meeting, the election committee shall tally the votes and certify the vote count to the board no later than five days after the close of balloting for ballots submitted other than in person during voting at the annual meeting. 12.5(6) Absentee ballots—subsequent in-person vote at meeting. If the board of directors, by majority vote, has elected to conduct the election only in person at the annual meeting, the board may also, by majority vote, utilize absentee ballots when no additional nominations will be taken from the floor at the annual meeting and when, in the opinion of the board, it is in the best interest of the credit union and its membership. a. The secretary shall include with the notice of annual meeting a notification that members may vote either in person at the annual meeting or by absentee ballot if the member submits a written or electronic request for an absentee ballot and returns the ballot prior to the close of balloting for ballots submitted other than in person during voting at the annual meeting. b. The secretary shall mail the balloting materials specified in paragraph 12.3(4)“a” to each member who is eligible to vote and who has submitted a written or electronic request for an absentee ballot. c. Ballots mailed to the election committee or hand-delivered to the credit union shall be received unopened and deposited in ballot boxes. The ballot boxes shall be opened by and the vote tallied by the election committee, the tallies placed in the ballot boxes, and the ballot boxes resealed to be taken to the annual meeting. d. At the meeting of members, printed ballots shall be given to those members who have not voted. The completed ballots shall be deposited in ballot boxes placed in conspicuous locations by the election committee before the meeting. After the members have been given an opportunity to vote, balloting shall be closed, the ballot boxes opened and the vote tallied by the election committee and added to any previous count of absentee ballots. The election committee shall immediately certify the vote count to the board. The chairperson of the election committee shall announce the result of the vote at the meeting. 12.5(7) Nominations from the floor—subsequent in-person vote at meeting. If the board of directors did not elect to accept additional nominations by petition, then additional nominations shall be taken from the floor at the annual meeting, provided that no electronic, mail-in, or absentee balloting has occurred. a. At the annual meeting, printed ballots shall be distributed to those in attendance after additional nominations are taken from the floor, or the ballots shall also have blank spaces to write in the additional names. The ballots shall be deposited in ballot boxes placed in conspicuous locations by the election committee before the meeting. b. After members have been given an opportunity to vote, balloting shall be closed, the ballot boxes opened and the vote tallied by the election committee. c. The election committee shall immediately certify the vote count to the board. The chairperson of the election committee shall announce the result of the vote at the annual meeting. 12.5(8) In-person vote at meeting. If the board of directors elected to accept additional nominations by petition, and if the board of directors also chose to conduct the vote in whole or in part by in-person voting at the annual meeting, printed ballots shall be distributed to those in attendance at the annual meeting who have not voted. a. The ballots shall be deposited in ballot boxes placed in conspicuous locations by the election committee before the meeting. b. After those members have been given an opportunity to vote, balloting shall be closed, the ballot boxes opened and the vote tallied by the election committee and added to any previous count of mailed or electronic ballots. c. The election committee shall immediately certify the vote count to the board. The chairperson of the election committee shall announce the result of the vote at the annual meeting. 12.(9) 12.5(3) Preservation of ballots. Ballots shall be preserved according to the provisions of 189—12.9(533)rule 189—12.11(533). The 60-day retention period required by subrule 12.9(2)12.11(2) shall run from the date the results are certified to the board by the election committee. 12.(10) 12.5(4) Publication of results. Results of the election shall be reported to members according to the provisions of 189—12.10(533)rule 189—12.12(533). The 60-day posting period required by subrule 12.10(1)12.12(1) shall run from the date the results are certified to the board by the election committee. ITEM 7. Amend renumbered rule 189—12.6(533) as follows:189—12.6(533) Vote to amend bylaws or articles of incorporation. 12.6(1) Requirements. Voting on amendments of bylaws and articles of incorporation shall be conducted in accordance with Iowa Code section 533.201. All amendments shall be approved by the superintendent before the amendments become effective. 12.6(2) Vote by board of directors. If the board of directors has elected upon a favorable vote of the majority that the board of directors shall vote on the amendment, then the amendment is adopted by a favorable vote of the majority of the board. 12.6(3) Membership vote. The board of directors may vote to conduct the vote on the amendment by a method other than a majority vote of the board of directors, as provided in Iowa Code section 533.201. Each credit union member shall have a meaningful opportunity to vote in a membership vote. The board of directors shall vote to conduct the vote in whole by electronic voting only if all members have access to an electronic voting device. If the number of members who have opted to receive notices electronically is less than all members, the board may provide access to an electronic device in each credit union office for the members to vote electronically in order to satisfy the access requirement. Otherwise, the board shall also conduct the vote in part by mail-in ballot or in person at a meeting held for the purpose of voting, pursuant to the requirements of this rule. 12.6(4) Election committee. If the board of directors votes to conduct the vote on the amendment by a method other than a majority vote of the board of directors, as provided in Iowa Code section 533.201, then the board shall appoint an election committee of not fewer than five members, none of whom may be directors. a. It is the duty of the election committee to oversee balloting, to tabulate votes, and to ensure that each member shall only be allowed to vote once and that multiple ballots submitted by the same member are disqualified. b. The election committee shall elect a chairperson from among the committee members. The chairperson of the election committee shall announce the results of the vote at the annual meeting. c. No member or agent of the election committee shall reveal the manner in which any member voted. d. If the board of directors, by majority vote, has elected to utilize electronic voting, the election committee shall test the integrity of the electronic voting system at regular intervals during the election period. In the event of a malfunction of the electronic voting system, the board may in its discretion order the election to be held in another form, consistent with Iowa Code section 533.201. e. For electronic ballots, it is the duty of the election committee to verify, or cause to be verified, the name and credit union account number of the voter as registered in the electronic voting system. f. For mail-in ballots, including absentee ballots, it is the duty of the election committee to verify, or cause to be verified, the name and credit union account number of the voter as they appear on the identification form, to place the verified identification form and the sealed ballot envelope in a place of safekeeping pending the count of the vote, and, in the case of a questionable or challenged identification form, to retain the identification form and sealed ballot envelope together until the verification or challenge has been resolved. 12.6(5) Notice of balloting. The secretary shall set forth the proposed amendment in its entirety in a notice to all members eligible to vote at least 20 days but not more than 30 days prior to the closing date of balloting. a. The notice shall set forth the rules and procedures for voting, the date of the close of balloting for ballots submitted other than in person at a meeting held for the purpose of voting, that balloting is subject to an affirmative vote of a majority of all members eligible to vote, and that no other vote on the subject shall be taken after the closing date of balloting except for votes cast in person at a meeting held for the purpose of voting. The notice shall also contain a summary of the board’s reasons for recommending the amendment. (1) The close of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting shall be at least five days prior to any meeting where voting will occur. (2) Electronic ballots shall be submitted no later than midnight on the date balloting closes for ballots submitted other than in person during voting at a meeting held for the purpose of voting in order to be considered valid. (3) Ballots mailed to the credit union shall be postmarked no later than the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting and received within five business days after the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting in order to be considered valid. (4) Ballots hand-delivered to the credit union shall be received prior to the close of normal credit union business hours on the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting in order to be considered valid. (5) If more than one method of voting will be used, the notice shall also communicate that members have the right to vote on the proposed amendment through any of the methods of voting designated by the board, but that members will only be allowed to vote once. b. The notice may be included in statements or newsletters, on the credit union website, or on signs posted in the credit union. c. The notice may be sent electronically to those members who have opted to receive notices electronically. 12.6(6) Mailed ballots. If the board of directors has elected, upon a favorable vote of the majority, to conduct a vote on the proposed amendment in whole or in part via mailed ballot: a. The secretary shall include the following materials for balloting with the notice of balloting: (1) One ballot, clearly identified as the ballot, on which the proposed amendment is printed in full. (2) One ballot envelope clearly marked “ballot” with instructions that the completed ballot shall be placed in that envelope and sealed. (3) One identification form to be completed so as to include the name, address, signature, and credit union account number of the voter. (4) One mailing envelope in which the voter, following instructions provided, shall insert the sealed “ballot” envelope and the identification form. The mailing envelope shall be preaddressed for return to the election committee. b. If the credit union will also be conducting electronic voting, the mail-in ballot is not required for members who have opted to receive notices or statements electronically, and electronic mail may be used to provide the instructions and notices for the electronic voting procedure. c. Ballots mailed to the election committee or hand-delivered to the credit union shall be received unopened and placed in ballot boxes. The ballot boxes shall be opened by and the vote tallied by the election committee. d. If additional voting will be conducted at a meeting of members, the tallies shall be placed in the ballot boxes, and the ballot boxes shall be resealed to be taken to the meeting. If voting is not scheduled to occur at a meeting, the election committee shall tally the total votes and certify the vote count to the board no later than five days after the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting. 12.6(7) Electronic voting. If the board of directors, by majority vote, has elected to conduct the vote in whole or in part by electronic voting, then the secretary shall include with the notice of balloting specific instructions for electronic voting to each member eligible to vote. a. The instruction sheet for electronic voting shall contain specific instructions for electronic voting, including how to access and use the electronic voting system, and the period of time in which votes will be taken. b. For those members who have opted to receive notices or statements electronically, the instructions required under this subrule may be communicated electronically. c. The electronic voting shall be tallied by the election committee. If voting will also occur at a meeting, then the results shall be verified at the meeting. d. If voting is not scheduled to occur at a meeting, the election committee shall tally the votes and certify the vote count to the board no later than five days after the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting. 12.6(8) Absentee ballots—subsequent in-person vote at meeting. If the board of directors, by majority vote, has elected to conduct the vote only in person at a meeting of members, the board may also, by majority vote, utilize absentee ballots when, in the opinion of the board, it is in the best interest of the credit union and its membership. a. The secretary shall include with the notice of balloting a statement that members may vote either in person at the meeting of members or by absentee ballot if the member submits a written or electronic request for an absentee ballot and returns the ballot prior to the close of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting. b. The secretary shall mail the balloting materials specified in paragraph 12.4(6)“a” to each member who is eligible to vote and who has submitted a written or electronic request for an absentee ballot. c. Ballots mailed to the election committee or hand-delivered to the credit union shall be received unopened and deposited in ballot boxes. The ballot boxes shall be opened by and the vote tallied by the election committee, the tallies placed in the ballot boxes, and the ballot boxes resealed to be taken to the meeting. d. At the meeting of members, printed ballots shall be given to those members who have not voted. The completed ballots shall be deposited in ballot boxes placed in conspicuous locations by the election committee before the meeting. After the members have been given an opportunity to vote, balloting shall be closed, the ballot boxes opened and the vote tallied by the election committee and added to any previous count of absentee ballots. The election committee shall immediately certify the vote count to the board. The chairperson of the election committee shall announce the result of the vote at the meeting. 12.6(9) In-person voting at meeting. If the board of directors has elected, upon a favorable vote of the majority, to present the proposed amendment for a vote in whole or in part at a meeting of members, printed ballots shall be given at the meeting to those members who have not voted by another method. a. The completed ballots shall be deposited in ballot boxes placed in conspicuous locations by the election committee before the meeting. b. After the members have been given an opportunity to vote, balloting shall be closed, the ballot boxes opened and the vote tallied by the election committee and added to any previous count of mailed or electronic ballots. c. The election committee shall immediately certify the vote count to the board. The chairperson of the election committee shall announce the result of the vote at the meeting. 12.(10) 12.6(5) Preservation of ballots. Ballots shall be preserved according to the requirements of 189—12.9(533)rule 189—12.11(533). The 60-day retention period required by subrule 12.9(2)12.11(2) shall run from the date of final approval or denial of the amendment by the superintendent. 12.(11) 12.6(6) Submission to superintendent. The board of directors shall submit the amendment to the superintendent for approval before the amendment becomes effective. The board shall submit the following documentation in support of its request for approval: a. A certified copy of the board minutes which contain the recommendation to submit the amendment to a vote of the membership. b. A certified copy of the notices provided to members. c. A certified copy of any ballots provided to members. d. A certified statement, including the vote count, that a majority of the eligible members voted in favor of the proposed amendment. 12.(12) 12.6(7) Publication of results. The board shall inform the membership of the results of the vote and whether the amendment received the approval of the superintendent, according to the provisions of 189—12.10(533)rule 189—12.12(533). The 60-day posting period required by subrule 12.10(1)12.12(1) shall run from the date of final approval or denial of the amendment by the superintendent. ITEM 8. Amend renumbered rule 189—12.7(533) as follows:189—12.7(533) VoteSpecific voting requirements to modify, amend, or reverse an act of the board of directors or to instruct the board to take action. 12.7(1) Vote of members at meeting. The majority of members present at any meeting may vote to modify, amend, or reverse any act of the board of directors or instruct the board to take action not inconsistent with the articles of incorporation, the bylaws, or the Iowa credit union Act or administrative rules. 12.7(2) Subsequent vote of membership. In order to be binding upon the board of directors, any action taken by the membership to modify, amend, or reverse an act of the board, or to instruct the board to take action, requires an affirmative vote of a majority of all eligible members obtained by submitting the modification, amendment, reversal, or instruction to the members for a vote. a. After a majority of members present at a meeting have voted to modify, amend, or reverse any act of the board of directors, or to instruct the board to take action not inconsistent with the articles, the bylaws, or the Iowa credit union Act or administrative rules, the board of directors shall meet to determine the method of voting for the membership vote and shall, within 60 days of the date of the meeting where the majority of members voted to modify, amend, or reverse an act of the board of directors, or to instruct the board to take action, submit the issue to all eligible voters of record as of the date of the meeting. b. The board of directors shall, by majority vote, select the method of voting for the membership vote, in accordance with Iowa Code section 533.203. Each credit union member shall have a meaningful opportunity to vote in a membership vote. The board of directors shall vote to conduct the vote in whole by electronic voting only if all members have access to an electronic voting device. If the number of members who have opted to receive notices electronically is less than all members, the board may provide access to an electronic device in each credit union office for the members to vote electronically in order to satisfy the access requirement. Otherwise, the board shall also conduct the vote in part by mail-in ballot or in person at a meeting held for the purpose of voting, pursuant to the requirements of this rule. c. If a simple majority of all eligible members votevotes cast are in favor of the amendment, modification, reversal or instruction to take action, the vote of the members taken at the annual or special meeting shall be considered affirmed, and the board of directors shall take immediate action to comply with the directions of the membership. However, if a simple majority of all eligible members failed to votevotes cast are not in favor of the amendment, modification, reversal or instruction to take action, the vote of the members taken at the annual or special meeting is not affirmed, and the prior action of the board of directors shall be considered upheld. 12.7(3) Election committee. The board shall appoint an election committee of not fewer than five members, no more than two of whom may be from the board of directors. a. It is the duty of the election committee to oversee balloting, to tabulate votes, and to ensure that each member shall only be allowed to vote once and that multiple ballots submitted by the same member are disqualified. b. The election committee shall elect a chairperson from among the committee members. If the balloting includes a vote taken at a meeting of members, the chairperson of the election committee shall announce the results of the election at the meeting; otherwise, the chairperson shall certify the vote to the board within five days of the close of balloting. c. No member or agent of the election committee shall reveal the manner in which any member voted. d. If the board of directors, by majority vote, has elected to utilize electronic voting, the election committee shall test the integrity of the electronic voting system at regular intervals during the election period. In the event of a malfunction of the electronic voting system, the board may in its discretion order the election to be held in another form, consistent with Iowa Code section 533.203. e. For electronic ballots, it is the duty of the election committee to verify, or cause to be verified, the name and credit union account number of the voter as registered in the electronic voting system. f. For mail-in ballots, including absentee ballots, it is the duty of the election committee to verify, or cause to be verified, the name and credit union account number of the voter as they appear on the identification form, to place the verified identification form and the sealed ballot envelope in a place of safekeeping pending the count of the vote, and, in the case of a questionable or challenged identification form, to retain the identification form and sealed ballot envelope together until the verification or challenge has been resolved. 12.7(4) Notice of balloting. The secretary shall set forth the proposed amendment, modification, reversal or instruction to take action in its entirety in a notice to all members eligible to vote at least 20 days but not more than 30 days prior to the closing date of balloting. a. The notice shall set forth the rules and procedures for voting, the date of the close of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting, that balloting is subject to an affirmative vote of a majority of all members eligible to vote, and that no other vote on the subject shall be taken after the closing date of balloting except for votes cast in person during voting at a meeting held for the purpose of voting. The notice shall also contain a summary of the board’s reasons for its action or inaction, as well as a summary of the reasons, if known, for the vote to amend, modify, or reverse the board action, or to instruct the board to take action. (1) The close of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting shall be at least five days prior to any meeting where voting will occur. (2) Electronic ballots shall be submitted no later than midnight on the date balloting closes for ballots submitted other than in person during voting at a meeting held for the purpose of voting in order to be considered valid. (3) Ballots mailed to the credit union shall be postmarked no later than the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting and received within five business days after the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting in order to be considered valid. (4) Ballots hand-delivered to the credit union shall be received prior to the close of normal credit union business hours on the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting in order to be considered valid. (5) If more than one method of voting will be used, the notice shall also communicate that members have the right to vote through any of the methods of voting designated by the board, but that members will only be allowed to vote once. b. The notice may be included in statements or newsletters, on the credit union website, or on signs posted in the credit union. c. The notice may be sent electronically to those members who have opted to receive notices electronically. 12.7(5) Mailed ballots. If the board voted by majority vote to conduct the vote in whole or in part by mailed ballot: a. The secretary shall include the following balloting materials with the notice of balloting: (1) One ballot, clearly identified as the ballot, on which the proposed amendment, modification, or reversal, or instruction to the board to take action, is printed in full. (2) One ballot envelope clearly marked “ballot” with instructions that the completed ballot shall be placed in that envelope and sealed. (3) One identification form to be completed so as to include the name, address, signature, and credit union account number of the voter. (4) One mailing envelope in which the voter, following instructions provided, shall insert the sealed “ballot” envelope and the identification form. The mailing envelope shall be preaddressed for return to the election committee. b. If the credit union will also be conducting electronic voting, the mail-in ballot is not required for members who have opted to receive notices or statements electronically, and electronic mail may be used to provide the instructions and notices for the electronic voting procedure. c. Ballots mailed to the election committee or hand-delivered to the credit union shall be received unopened and placed in ballot boxes. The ballot boxes shall be opened by and the vote tallied by the election committee. d. If additional voting will be conducted at a meeting of members, the tallies shall be placed in the ballot boxes, and the ballot boxes shall be resealed to be taken to the meeting. If no other voting is scheduled to occur, the election committee shall tally the total votes and certify the vote count to the board no later than five days after the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting. 12.7(6) Electronic voting. If the board voted by majority vote to conduct the vote in whole or in part by electronic voting: a. The secretary shall include with the notice of balloting specific instructions for electronic voting, including how to access and use the electronic voting system, and the period of time in which votes will be taken. b. For those members who have opted to receive notices or statements electronically, the instructions required under this subrule may be communicated electronically. c. The electronic voting shall be tallied by the election committee prior to any meeting where voting is also scheduled to take place, and the committee shall take the tallies to the meeting. If no meeting is scheduled for voting, the election committee shall tally the votes and certify the vote count to the board no later than five days after the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting. 12.7(7) Absentee ballots—subsequent in-person vote at meeting. If the board of directors, by majority vote, has elected to conduct the vote only in person at a meeting of members, the board may also, by majority vote, utilize absentee ballots when, in the opinion of the board, it is in the best interest of the credit union and its membership. a. The secretary shall include with the notice of balloting a statement that members may vote either in person at the meeting of members or by absentee ballot if the member submits a written or electronic request for an absentee ballot and returns the ballot prior to the close of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting. b. The secretary shall mail the balloting materials specified in paragraph 12.5(5)“a” to each member who is eligible to vote and who has submitted a written or electronic request for an absentee ballot. c. Ballots mailed to the election committee or hand-delivered to the credit union shall be received unopened and deposited in ballot boxes. The ballot boxes shall be opened by and the vote tallied by the election committee, the tallies placed in the ballot boxes, and the ballot boxes resealed to be taken to the meeting. d. At the meeting of members, printed ballots shall be given to those members who have not voted. The completed ballots shall be deposited in ballot boxes placed in conspicuous locations by the election committee before the meeting. After the members have been given an opportunity to vote, balloting shall be closed, the ballot boxes opened and the vote tallied by the election committee and added to any previous count of absentee ballots. The election committee shall immediately certify the vote count to the board. The chairperson of the election committee shall announce the result of the vote at the meeting. 12.7(8) In-person vote at meeting. If the board voted by majority vote to conduct the vote in whole or in part at a meeting of members, then printed ballots on which the proposed amendment, modification, or reversal, or instruction to the board to take action, is printed in full shall be distributed to those in attendance at the meeting who have not voted by another method, and the ballots shall be deposited in ballot boxes placed in conspicuous locations by the election committee before the meeting. After those members have been given an opportunity to vote at the meeting, balloting shall be closed, the ballot boxes opened and the vote tallied by the election committee and added to any previous count of mailed or electronic ballots. The election committee shall immediately certify the vote count to the board. The chairperson of the election committee shall announce the result of the vote at the meeting. 12.(9) 12.7(3) Preservation of ballots. Ballots shall be preserved according to the requirements of 189—12.9(533)rule 189—12.11(533). The 60-day retention period required by subrule 12.9(2)12.11(2) shall run from the date the results are certified to the board by the election committee. 12.(10) 12.7(4) Publication of results. The board shall inform the membership of the results of the vote according to the provisions of 189—12.10(533)rule 189—12.12(533). The 60-day posting period required by subrule 12.10(1)12.12(1) shall run from the date the results are certified to the board by the election committee. ITEM 9. Amend renumbered rule 189—12.8(533) as follows:189—12.8(533) Vote onSpecific voting requirements regarding merger. 12.8(1) Vote by board of directors. A state credit union that seeks to merge with another credit union shall proceed pursuant to a plan agreed upon by a favorable vote of a majority of directors. 12.8(2) Subsequent vote of the membership. Following a vote by the board of directors to merge with another credit union, the board shall submit the merger to a vote of the membership of the merging credit union unless the superintendent finds that an emergency exists justifying the waiver of the membership vote. a. The board of the continuing credit union shall, within threeten days of voting to merge, notify the superintendent of the merger vote. b. After the superintendent has given preliminary approval to the merger, the board of the merging credit union shall submit the issue within 3060 days to all eligible voters of record as of the date of the vote by the board of directors. The board of directors shall, by majority vote, select the method of voting for the membership vote, in accordance with Iowa Code section 533.203. Each credit union member shall have a meaningful opportunity to vote in a membership vote. The board of directors shall vote to conduct the vote in whole by electronic voting only if all members have access to an electronic voting device. If the number of members who have opted to receive notices electronically is less than all members, the board may provide access to an electronic device in each credit union office for the members to vote electronically in order to satisfy the access requirement. Otherwise, the board shall also conduct the vote in part by mail-in ballot or in person at a meeting held for the purpose of voting, pursuant to the requirements of this rule. c. The approval of the merger is not final until approved by the superintendent after the membership vote of the merging credit union. 12.8(3) Election committee. The board shall appoint an election committee of not fewer than five members, no more than two of whom may be from the board of directors. a. It is the duty of the election committee to oversee balloting, to tabulate votes, and to ensure that each member shall only be allowed to vote once and that multiple ballots submitted by the same member are disqualified. b. The election committee shall elect a chairperson from among the committee members. If the balloting includes a vote taken at a meeting of members, the chairperson of the election committee shall announce the results of the vote at the meeting; otherwise, the chairperson shall certify the vote to the board within five days of the close of balloting. c. No member or agent of the election committee shall reveal the manner in which any member voted. d. If the board of directors, by majority vote, has elected to utilize electronic voting, the election committee shall test the integrity of the electronic voting system at regular intervals during the election period. In the event of a malfunction of the electronic voting system, the board may in its discretion order the election to be held in another form, consistent with Iowa Code section 533.203. e. For electronic ballots, it is the duty of the election committee to verify, or cause to be verified, the name and credit union account number of the voter as registered in the electronic voting system. f. For mail-in ballots, including absentee ballots, it is the duty of the election committee to verify, or cause to be verified, the name and credit union account number of the voter as they appear on the identification form, to place the verified identification form and the sealed ballot envelope in a place of safekeeping pending the count of the vote, and, in the case of a questionable or challenged identification form, to retain the identification form and sealed ballot envelope together until the verification or challenge has been resolved. 12.8(4) Notice of balloting. The secretary shall set forth the proposed merger in a notice to all members eligible to vote at least 20 days but not more than 30 days prior to the closing date of balloting. a. The notice shall set forth the rules and procedures for voting, the date of the close of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting, that balloting is subject to an affirmative vote of a majority of all members eligible to vote, and that no other vote on the subject shall be taken after the closing date of balloting except for votes cast in person during voting at a meeting held for the purpose of voting. The notice shall also contain a summary of the board’s reasons for voting to merge. (1) The close of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting shall be at least five days prior to any meeting where voting will occur. (2) Electronic ballots shall be submitted no later than midnight on the date balloting closes for ballots submitted other than in person during voting at a meeting held for the purpose of voting in order to be considered valid. (3) Ballots mailed to the credit union shall be postmarked no later than the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting and received within five business days after the closing date of balloting in order to be considered valid. (4) Ballots hand-delivered to the credit union shall be received prior to the close of normal credit union business hours on the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting in order to be considered valid. (5) If more than one method of voting will be used, the notice shall also communicate that members have the right to vote on the proposed merger through any of the methods of voting designated by the board, but that members will only be allowed to vote once. b. The notice may be included in statements or newsletters, on the credit union website, or on signs posted in the credit union. c. The notice may be sent electronically to those members who have opted to receive notices electronically. 12.8(5) Mailed ballots. If the board voted by majority vote to conduct the vote in whole or in part by mailed ballot: a. The secretary shall include the following balloting materials with the notice of balloting: (1) One ballot, clearly identified as the ballot. (2) One ballot envelope clearly marked “ballot” with instructions that the completed ballot shall be placed in that envelope and sealed. (3) One identification form to be completed so as to include the name, address, signature, and credit union account number of the voter. (4) One mailing envelope in which the voter, following instructions provided, shall insert the sealed “ballot” envelope and the identification form. The mailing envelope shall be preaddressed for return to the election committee. b. If the credit union will also be conducting electronic voting, the mail-in ballot is not required for members who have opted to receive notices or statements electronically, and electronic mail may be used to provide the instructions and notices for the electronic voting procedure. c. Ballots mailed to the election committee or hand-delivered to the credit union shall be received unopened and placed in ballot boxes. The ballot boxes shall be opened by and the vote tallied by the election committee. d. If additional voting will be conducted at a meeting of members, the tallies shall be placed in the ballot boxes, and the ballot boxes shall be resealed to be taken to the meeting. If no other voting is scheduled to occur, the election committee shall tally the total votes and certify the vote count to the board no later than five days after the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting. 12.8(6) Electronic voting. If the board voted by majority vote to conduct the vote in whole or in part by electronic voting: a. The secretary shall include with the notice of balloting specific instructions for electronic voting, including how to access and use the electronic voting system, and the period of time in which votes will be taken. b. For those members who have opted to receive notices or statements electronically, the instructions required under this subrule may be communicated electronically. c. The electronic voting shall be tallied by the election committee prior to any meeting where voting is also scheduled to take place, and the committee shall take the tallies to the meeting. If no meeting is scheduled for voting, the election committee shall tally the votes and certify the vote count to the board no later than five days after the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting. 12.8(7) Absentee ballots—subsequent in-person vote at meeting. If the board of directors, by majority vote, has elected to conduct the vote only in person at a meeting of members, the board may also, by majority vote, utilize absentee ballots when, in the opinion of the board, it is in the best interest of the credit union and its membership. a. The secretary shall include with the notice of balloting a statement that members may vote either in person at the meeting of members or by absentee ballot if the member submits a written or electronic request for an absentee ballot and returns the ballot prior to the close of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting. b. The secretary shall mail the balloting materials specified in paragraph 12.6(5)“a” to each member who is eligible to vote and who has submitted a written or electronic request for an absentee ballot. c. Ballots mailed to the election committee or hand-delivered to the credit union shall be received unopened and deposited in ballot boxes. The ballot boxes shall be opened by and the vote tallied by the election committee, the tallies placed in the ballot boxes, and the ballot boxes resealed to be taken to the meeting. d. At the meeting of members, printed ballots shall be given to those members who have not voted. The completed ballots shall be deposited in ballot boxes placed in conspicuous locations by the election committee before the meeting. After the members have been given an opportunity to vote, balloting shall be closed, the ballot boxes opened and the vote tallied by the election committee and added to any previous count of absentee ballots. The election committee shall immediately certify the vote count to the board. The chairperson of the election committee shall announce the result of the vote at the meeting. 12.8(8) In-person vote at meeting. If the board voted by majority vote to conduct the vote in whole or in part at a meeting of members, then printed ballots shall be distributed to those in attendance at the meeting who have not voted by another method, and the ballots shall be deposited in ballot boxes placed in conspicuous locations by the election committee before the meeting. After those members have been given an opportunity to vote at the meeting, balloting shall be closed, the ballot boxes opened and the vote tallied by the election committee and added to any previous count of mailed or electronic ballots. The election committee shall immediately certify the vote count to the board. The chairperson of the election committee shall announce the result of the vote at the meeting. 12.(9) 12.8(3) Preservation of ballots. Ballots shall be preserved according to the requirements of 189—12.9(533)rule 189—12.11(533). The 60-day retention period required by subrule 12.9(2)12.11(2) shall run from the date the results are certified to the board by the election committee. 12.(10) 12.8(4) Submission to superintendent. The board of directors shall submit the merger to the superintendent for approval before the merger becomes effective. The board shall submit the following documentation in support of its request for approval: a. A certified copy of the board minutes which contain the vote of the board of directors to approve the merger and to submit the merger to a vote of the membership. b. A certified copy of the notices provided to members. c. A certified copy of any ballots provided to members. d. A certified statement, including the vote count, that a majority of the eligible members voted in favor of the proposed merger. 12.(11) 12.8(5) Publication of results. The board shall inform the membership of the results of the vote according to the provisions of 189—12.10(533)rule 189—12.12(533). The 60-day posting period required by subrule 12.10(1)12.12(1) shall run from the date the results are certified to the board by the election committee. ITEM 10. Amend renumbered rule 189—12.9(533) as follows:189—12.9(533) Vote onSpecific voting requirements for voluntary dissolution. 12.9(1) Vote of board of directors. A state credit union that seeks to dissolve shall proceed pursuant to a plan agreed upon by a favorable vote of a majority of directors. Within threeten days of the vote and prior to sending notice of the membership vote, the board of directors shall notify the superintendent of the intention to dissolve. 12.9(2) Subsequent vote of the membership. Following a vote by the board of directors to dissolve, the board shall submit the dissolution to a vote of the membership. a. The board shall submit the issue to the membership within 3060 days of voting to dissolve. b. The board shall submit the issue to all eligible voters of record as of the date of the vote by the board of directors. c. The board of directors shall, by majority vote, select the method of voting for the membership vote, in accordance with Iowa Code section 533.203. Each credit union member shall have a meaningful opportunity to vote in a membership vote. The board of directors shall vote to conduct the vote in whole by electronic voting only if all members have access to an electronic voting device. If the number of members who have opted to receive notices electronically is less than all members, the board may provide access to an electronic device in each credit union office for the members to vote electronically in order to satisfy the access requirement. Otherwise, the board shall also conduct the vote in part by mail-in ballot or in person at a meeting held for the purpose of voting, pursuant to the requirements of this rule. d. The approval of the dissolution is not final until the superintendent issues a certificate of dissolution. 12.9(3) Election committee. The board shall appoint an election committee of not fewer than five members, no more than two of whom may be from the board of directors. a. It is the duty of the election committee to oversee balloting, to tabulate votes, and to ensure that each member shall only be allowed to vote once and that multiple ballots submitted by the same member are disqualified. b. The election committee shall elect a chairperson from among the committee members. If the balloting includes a vote taken at a meeting of members, the chairperson of the election committee shall announce the results of the election at the meeting; otherwise, the chairperson shall certify the vote to the board within five days of the close of balloting. c. No member or agent of the election committee shall reveal the manner in which any member voted. d. If the board of directors, by majority vote, has elected to utilize electronic voting, the election committee shall test the integrity of the electronic voting system at regular intervals during the election period. In the event of a malfunction of the electronic voting system, the board may in its discretion order the election to be held in another form, consistent with Iowa Code section 533.203. e. For electronic ballots, it is the duty of the election committee to verify, or cause to be verified, the name and credit union account number of the voter as registered in the electronic voting system. f. For mail-in ballots, including absentee ballots, it is the duty of the election committee to verify, or cause to be verified, the name and credit union account number of the voter as they appear on the identification form, to place the verified identification form and the sealed ballot envelope in a place of safekeeping pending the count of the vote, and, in the case of a questionable or challenged identification form, to retain the identification form and sealed ballot envelope together until the verification or challenge has been resolved. 12.9(4) Notice of balloting. The secretary shall set forth the proposed dissolution in a notice to all members eligible to vote at least 20 days but not more than 30 days prior to the closing date of balloting. a. The notice shall set forth the rules and procedures for voting, the date of the close of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting, that balloting is subject to an affirmative vote of a majority of all members eligible to vote, and that no other vote on the subject shall be taken after the closing date of balloting except for votes cast in person during voting at a meeting held for the purpose of voting. The notice shall also contain a summary of the board’s reasons for voting for the voluntary dissolution. (1) The close of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting shall be at least five days prior to any meeting where voting will occur. (2) Electronic ballots shall be submitted no later than midnight on the date balloting closes for ballots submitted other than in person during voting at a meeting held for the purpose of voting in order to be considered valid. (3) Ballots mailed to the credit union shall be postmarked no later than the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting and received within five business days after the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting in order to be considered valid. (4) Ballots hand-delivered to the credit union shall be received prior to the close of normal credit union business hours on the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting in order to be considered valid. (5) If more than one method of voting will be used, the notice shall also communicate that members have the right to vote on the proposed dissolution through any of the methods of voting designated by the board, but that members will only be allowed to vote once. b. The notice may be included in statements or newsletters, on the credit union website, or on signs posted in the credit union. c. The notice may be sent electronically to those members who have opted to receive notices electronically. 12.9(5) Mailed ballots. If the board voted by majority vote to conduct the vote in whole or in part by mailed ballot: a. The secretary shall include the following balloting materials with the notice of balloting: (1) One ballot, clearly identified as the ballot. (2) One ballot envelope clearly marked “ballot” with instructions that the completed ballot shall be placed in that envelope and sealed. (3) One identification form to be completed so as to include the name, address, signature, and credit union account number of the voter. (4) One mailing envelope in which the voter, following instructions provided, shall insert the sealed “ballot” envelope and the identification form. The mailing envelope shall be preaddressed for return to the election committee. b. If the credit union will also be conducting electronic voting, the mail-in ballot is not required for members who have opted to receive notices or statements electronically, and electronic mail may be used to provide the instructions and notices for the electronic voting procedure. c. Ballots mailed to the election committee or hand-delivered to the credit union shall be received unopened and placed in ballot boxes. The ballot boxes shall be opened by and the vote tallied by the election committee. d. If additional voting will be conducted at a meeting of members, the tallies shall be placed in the ballot boxes, and the ballot boxes shall be resealed to be taken to the meeting. If no other voting is scheduled to occur, the election committee shall tally the total votes and certify the vote count to the board no later than five days after the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting. 12.9(6) Electronic voting. If the board voted by majority vote to conduct the vote in whole or in part by electronic voting: a. The secretary shall include with the notice of balloting specific instructions for electronic voting, including how to access and use the electronic voting system, and the period of time in which votes will be taken. b. For those members who have opted to receive notices or statements electronically, the instructions required under this subrule may be communicated electronically. c. The electronic voting shall be tallied by the election committee prior to any meeting where voting is also scheduled to take place, and the committee shall take the tallies to the meeting. If no meeting is scheduled for voting, the election committee shall tally the votes and certify the vote count to the board no later than five days after the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting. 12.9(7) Absentee ballots—subsequent in-person vote at meeting. If the board of directors, by majority vote, has elected to conduct the vote only in person at a meeting of members, the board may also, by majority vote, utilize absentee ballots when, in the opinion of the board, it is in the best interest of the credit union and its membership. a. The secretary shall include with the notice of balloting a statement that members may vote either in person at the meeting of members or by absentee ballot if the member submits a written or electronic request for an absentee ballot and returns the ballot prior to the close of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting. b. The secretary shall mail the balloting materials specified in paragraph 12.7(5)“a” to each member who is eligible to vote and who has submitted a written or electronic request for an absentee ballot. c. Ballots mailed to the election committee or hand-delivered to the credit union shall be received unopened and deposited in ballot boxes. The ballot boxes shall be opened by and the vote tallied by the election committee, the tallies placed in the ballot boxes, and the ballot boxes resealed to be taken to the meeting. d. At the meeting of members, printed ballots shall be given to those members who have not voted. The completed ballots shall be deposited in ballot boxes placed in conspicuous locations by the election committee before the meeting. After the members have been given an opportunity to vote, balloting shall be closed, the ballot boxes opened and the vote tallied by the election committee and added to any previous count of absentee ballots. The election committee shall immediately certify the vote count to the board. The chairperson of the election committee shall announce the result of the vote at the meeting. 12.9(8) In-person vote at meeting. If the board voted by majority vote to conduct the vote in whole or in part at a meeting of members, then printed ballots shall be distributed to those in attendance at the meeting who have not voted by another method, and the ballots shall be deposited in ballot boxes placed in conspicuous locations by the election committee. After those members have been given an opportunity to vote at the meeting, balloting shall be closed, the ballot boxes opened and the vote tallied by the election committee and added to any previous count of mailed or electronic ballots. The election committee shall immediately certify the vote count to the board. The chairperson of the election committee shall announce the result of the vote at the meeting. 12.(9) 12.9(3) Preservation of ballots. Ballots shall be preserved according to the requirements of 189—12.9(533)rule 189—12.11(533). The 60-day retention period required by subrule 12.9(2)12.11(2) shall run from the date the results are certified to the board by the election committee. 12.(10) 12.9(4) Submission to superintendent. The board of directors shall submit the dissolution to the superintendent for review before the dissolution becomes effective. The state credit union shall cease existence when the superintendent issues a certificate of dissolution. The board shall submit the following documentation: a. A certified copy of the board minutes which contain the vote of the board of directors to approve the plan and to submit the dissolution to a vote of the membership. b. A certified copy of the notices provided to members. c. A certified copy of any ballots provided to members. d. A certified statement, including the vote count, that a majority of the eligible members voted in favor of the proposed dissolution. e. Proof that is satisfactory to the superintendent that all assets have been liquidated from which there is a reasonable expectance of realization, that the liabilities of the state credit union have been discharged and distribution made to its members, and that the liquidation has been completed. 12.(11) 12.9(5) Publication of results. The board shall inform the membership of the results of the vote according to the provisions of 189—12.10(533)rule 189—12.12(533). The 60-day posting period required by subrule 12.10(1)12.12(1) shall run from the date the results are certified to the board by the election committee. ITEM 11. Amend renumbered rule 189—12.10(533) as follows:189—12.10(533) VoteSpecific voting requirements to remove or reinstate an officer, director, or member of the auditing committee. 12.10(1) Auditing committee vote. If the auditing committee deems the action to be necessary to the proper conduct of the state credit union, the auditing committee may suspend, by majority vote, any officer, director, or member of the auditing committee. 12.10(2) Subsequent vote of membership. Following a vote by the auditing committee to suspend an officer, director, or member of the auditing committee, the suspension shall be put to a vote of the membership. a. The members may vote to sustain the suspension and remove the officer, director, or auditing committee member permanently or may vote to reinstate the officer, director, or auditing committee member. b. The board of directors shall meet to determine the method of voting for the membership vote and shall, within 30 days of the date of the auditing committee’s vote, submit the issue to all eligible voters of record as of the date of the auditing committee’s meeting. The board of directors shall, by majority vote, select the method of voting for the membership vote, in accordance with Iowa Code section 533.203. Each credit union member shall have a meaningful opportunity to vote in a membership vote. The board of directors shall vote to conduct the vote in whole by electronic voting only if all members have access to an electronic voting device. If the number of members who have opted to receive notices electronically is less than all members, the board may provide access to an electronic device in each credit union office for the members to vote electronically in order to satisfy the access requirement. Otherwise, the board shall also conduct the vote in part by mail-in ballot or in person at a meeting held for the purpose of voting, pursuant to the requirements of this rule. 12.10(3) Election committee. The board shall appoint an election committee of not fewer than five members, no more than two of whom may be from the board of directors and none of whom may be from the auditing committee. a. It is the duty of the election committee to oversee balloting, to tabulate votes, and to ensure that each member shall only be allowed to vote once and that multiple ballots submitted by the same member are disqualified. b. The election committee shall elect a chairperson from among the committee members. If the balloting includes a vote taken at a meeting of members, the chairperson of the election committee shall announce the results of the election at the meeting; otherwise, the chairperson shall certify the vote to the board within five days of the close of balloting. c. No member or agent of the election committee shall reveal the manner in which any member voted. d. If the board of directors, by majority vote, has elected to utilize electronic voting, the election committee shall test the integrity of the electronic voting system at regular intervals during the election period. In the event of a malfunction of the electronic voting system, the board may in its discretion order the election to be held in another form, consistent with Iowa Code section 533.203. e. For electronic ballots, it is the duty of the election committee to verify, or cause to be verified, the name and credit union account number of the voter as registered in the electronic voting system. f. For mail-in ballots, including absentee ballots, it is the duty of the election committee to verify, or cause to be verified, the name and credit union account number of the voter as they appear on the identification form, to place the verified identification form and the sealed ballot envelope in a place of safekeeping pending the count of the vote, and, in the case of a questionable or challenged identification form, to retain the identification form and sealed ballot envelope together until the verification or challenge has been resolved. 12.10(4) Notice of balloting. The secretary shall set forth the suspension and proposed removal in a notice to all members eligible to vote at least 20 days but not more than 30 days prior to the closing date of balloting. a. The notice shall set forth the rules and procedures for voting, the date of the close of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting, that balloting is subject to an affirmative vote of a majority of all members eligible to vote, and that no other vote on the subject shall be taken after the closing date of balloting except for votes cast in person during voting at a meeting held for the purpose of voting. The notice shall also contain a summary of the auditing committee’s reasons for voting to suspend the officer, director, or member of the auditing committee, as well as a summary of the reasons, if known, that the officer, director, or member of the auditing committee believes that the officer, director, or member should be reinstated. (1) The close of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting shall be at least five days prior to any meeting where voting will occur. (2) Electronic ballots shall be submitted no later than midnight on the date balloting closes for ballots submitted other than in person during voting at a meeting held for the purpose of voting in order to be considered valid. (3) Ballots mailed to the credit union shall be postmarked no later than the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting and received within five business days after the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting in order to be considered valid. (4) Ballots hand-delivered to the credit union shall be received prior to the close of normal credit union business hours on the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting in order to be considered valid. (5) If more than one method of voting will be used, the notice shall also communicate that members have the right to vote on the proposed removal through any of the methods of voting designated by the board, but that members will only be allowed to vote once. b. The notice may be included in statements or newsletters, on the credit union website, or on signs posted in the credit union. c. The notice may be sent electronically to those members who have opted to receive notices electronically. 12.10(5) Mailed ballots. If the board voted by majority vote to conduct the vote in whole or in part by mailed ballot: a. The secretary shall include the following balloting materials with the notice of balloting: (1) One ballot, clearly identified as the ballot. (2) One ballot envelope clearly marked “ballot” with instructions that the completed ballot shall be placed in that envelope and sealed. (3) One identification form to be completed so as to include the name, address, signature, and credit union account number of the voter. (4) One mailing envelope in which the voter, following instructions provided, shall insert the sealed “ballot” envelope and the identification form. The mailing envelope shall be preaddressed for return to the election committee. b. If the credit union will also be conducting electronic voting, the mail-in ballot is not required for members who have opted to receive notices or statements electronically, and electronic mail may be used to provide the instructions and notices for the electronic voting procedure. c. Ballots mailed to the election committee or hand-delivered to the credit union shall be received unopened and placed in ballot boxes. The ballot boxes shall be opened by and the vote tallied by the election committee. d. If additional voting will be conducted at a meeting of members, the tallies shall be placed in the ballot boxes, and the ballot boxes shall be resealed to be taken to the meeting. If no other voting is scheduled to occur, the election committee shall tally the total votes and certify the vote count to the board no later than five days after the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting. 12.10(6) Electronic voting. If the board voted by majority vote to conduct the vote in whole or in part by electronic voting: a. The secretary shall include with the notice of balloting specific instructions for electronic voting, including how to access and use the electronic voting system, and the period of time in which votes will be taken. b. For those members who have opted to receive notices or statements electronically, the instructions required under this subrule may be communicated electronically. c. The electronic voting shall be tallied by the election committee prior to any meeting where voting is also scheduled to take place, and the committee shall take the tallies to the meeting. If no meeting is scheduled for voting, the election committee shall tally the votes and certify the vote count to the board no later than five days after the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting. 12.10(7) Absentee ballots—subsequent in-person vote at meeting. If the board of directors, by majority vote, has elected to conduct the vote only in person at a meeting of members, the board may also, by majority vote, utilize absentee ballots when, in the opinion of the board, it is in the best interest of the credit union and its membership. a. The secretary shall include with the notice of balloting a statement that members may vote either in person at the meeting of members or by absentee ballot if the member submits a written or electronic request for an absentee ballot and returns the ballot prior to the close of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting. b. The secretary shall mail the balloting materials specified in paragraph 12.8(5)“a” to each member who is eligible to vote and who has submitted a written or electronic request for an absentee ballot. c. Ballots mailed to the election committee or hand-delivered to the credit union shall be received unopened and deposited in ballot boxes. The ballot boxes shall be opened by and the vote tallied by the election committee, the tallies placed in the ballot boxes, and the ballot boxes resealed to be taken to the meeting. d. At the meeting of members, printed ballots shall be given to those members who have not voted. The completed ballots shall be deposited in ballot boxes placed in conspicuous locations by the election committee before the meeting. After the members have been given an opportunity to vote, balloting shall be closed, the ballot boxes opened and the vote tallied by the election committee and added to any previous count of absentee ballots. The election committee shall immediately certify the vote count to the board. The chairperson of the election committee shall announce the result of the vote at the meeting. 12.10(8) In-person vote at meeting. If the board voted by majority vote to conduct the vote in whole or in part at a meeting of members, then printed ballots shall be distributed to those in attendance at the meeting who have not voted by another method, and the ballots shall be deposited in ballot boxes placed in conspicuous locations by the election committee. After those members have been given an opportunity to vote at the meeting, balloting shall be closed, the ballot boxes opened and the vote tallied by the election committee and added to any previous count of mailed or electronic ballots. The election committee shall immediately certify the vote count to the board. The chairperson of the election committee shall announce the result of the vote at the meeting. 12.(9) 12.10(4) Preservation of ballots. Ballots shall be preserved according to the requirements of 189—12.9(533)rule 189—12.11(533). The 60-day retention period required by subrule 12.9(2)12.11(2) shall run from the date the results are certified to the board by the election committee. 12.(10) 12.10(5) Publication of results. The board shall inform the membership of the results of the vote according to the provisions of 189—12.10(533)rule 189—12.12(533). The 60-day posting period required by subrule 12.10(1)12.12(1) shall run from the date the results are certified to the board by the election committee. ITEM 12. Amend renumbered rule 189—12.13(533) as follows:189—12.13(533) Vote onSpecific voting requirements for the sale of assets by corporate central credit union. 12.13(1) Board of directors’ vote. A corporate central credit union that seeks to sell all of its assets to another corporate credit union shall proceed pursuant to a plan agreed upon by a favorable vote of a majority of directors. The board shall notify the superintendent within threeten days. 12.13(2) Subsequent vote of the membership. Following a vote by the board of directors to approve a plan to sell all of the corporate central credit union’s assets to another corporate credit union, the board shall submit the plan to a vote of the membership. a. The board shall submit the issue within 3060 days of voting to approve the plan to all eligible voters of record as of the date of the vote by the board of directors. b. The board of directors shall, by majority vote, select the method of voting for the membership vote, in accordance with Iowa Code section 533.203. Each credit union member shall have a meaningful opportunity to vote in a membership vote. The board of directors shall vote to conduct the vote in whole by electronic voting only if all members have access to an electronic voting device. Otherwise, the board shall also conduct the vote in part by mail-in ballot or in person at a meeting held for the purpose of voting, pursuant to the requirements of this rule. c. The approval of the sale is not final until approved by the superintendent after the membership vote. 12.13(3) Election committee. The board shall appoint an election committee of not fewer than five members, no more than two of whom may be from the board of directors. a. It is the duty of the election committee to oversee balloting, to tabulate votes, and to ensure that each member shall only be allowed to vote once and that multiple ballots submitted by the same member are disqualified. b. The election committee shall elect a chairperson from among the committee members. If the balloting includes a vote taken at a meeting of members, the chairperson of the election committee shall announce the results of the election at the meeting; otherwise, the chairperson shall certify the vote to the board within five days of the close of balloting. c. No member or agent of the election committee shall reveal the manner in which any member voted. d. If the board of directors, by majority vote, has elected to utilize electronic voting, the election committee shall test the integrity of the electronic voting system at regular intervals during the election period. In the event of a malfunction of the electronic voting system, the board may in its discretion order the election to be held in another form, consistent with Iowa Code section 533.203. e. For electronic ballots, it is the duty of the election committee to verify, or cause to be verified, the name and credit union account number of the voter as registered in the electronic voting system. f. For mail-in ballots, including absentee ballots, it is the duty of the election committee to verify, or cause to be verified, the name and credit union account number of the voter as they appear on the identification form, to place the verified identification form and the sealed ballot envelope in a place of safekeeping pending the count of the vote, and, in the case of a questionable or challenged identification form, to retain the identification form and sealed ballot envelope together until the verification or challenge has been resolved. 12.13(4) Notice of balloting. The secretary shall set forth the proposed sale in a notice to all members eligible to vote at least 20 days but not more than 30 days prior to the closing date of balloting. a. The notice shall set forth the rules and procedures for voting, the date of the close of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting, that balloting is subject to an affirmative vote of a majority of all members eligible to vote, and that no other vote on the subject shall be taken after the closing date of balloting except for votes cast in person during voting at a meeting held for the purpose of voting. The notice shall also contain a summary of the board’s reasons for selling the assets. (1) The close of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting shall be at least five days prior to any meeting where voting will occur. (2) Electronic ballots shall be submitted no later than midnight on the date balloting closes for ballots submitted other than in person during voting at a meeting held for the purpose of voting in order to be considered valid. (3) Ballots mailed to the credit union shall be postmarked no later than the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting and received within five business days after the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting in order to be considered valid. (4) Ballots hand-delivered to the credit union shall be received prior to the close of normal credit union business hours on the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting in order to be considered valid. (5) If more than one method of voting will be used, the notice shall also communicate that members have the right to vote on the proposed sale through any of the methods of voting designated by the board, but that members will only be allowed to vote once. b. The notice may be included in statements or newsletters or on the credit union website. c. The notice may be sent electronically to those members who have opted to receive notices electronically. 12.13(5) Mailed ballots. If the board voted by majority vote to conduct the vote in whole or in part by mailed ballot: a. The secretary shall include the following balloting materials with the notice of balloting: (1) One ballot, clearly identified as the ballot. (2) One ballot envelope clearly marked “ballot” with instructions that the completed ballot shall be placed in that envelope and sealed. (3) One identification form to be completed so as to include the name, address, signature, and credit union account number of the voter. (4) One mailing envelope in which the voter, following instructions provided, shall insert the sealed “ballot” envelope and the identification form. The mailing envelope shall be preaddressed for return to the election committee. b. If the credit union will also be conducting electronic voting, the mail-in ballot is not required for members who have opted to receive notices or statements electronically, and electronic mail may be used to provide the instructions and notices for the electronic voting procedure. c. Ballots mailed to the election committee or hand-delivered to the credit union shall be received unopened and placed in ballot boxes. The ballot boxes shall be opened by and the vote tallied by the election committee. d. If additional voting will be conducted at a meeting of members, the tallies shall be placed in the ballot boxes, and the ballot boxes shall be resealed to be taken to the meeting. If no other voting is scheduled to occur, the election committee shall tally the total votes and certify the vote count to the board no later than five days after the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting. 12.13(6) Electronic voting. If the board voted by majority vote to conduct the vote in whole or in part by electronic voting: a. The secretary shall include with the notice of balloting specific instructions for electronic voting, including how to access and use the electronic voting system, and the period of time in which votes will be taken. b. For those members who have opted to receive notices or statements electronically, the instructions required under this subrule may be communicated electronically. c. The electronic voting shall be tallied by the election committee prior to any meeting where voting is also scheduled to take place, and the committee shall take the tallies to the meeting. If no meeting is scheduled for voting, the election committee shall tally the votes and certify the vote count to the board no later than five days after the closing date of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting. 12.13(7) Absentee ballots—subsequent in-person vote at meeting. If the board of directors, by majority vote, has elected to conduct the vote only in person at a meeting of members, the board may also, by majority vote, utilize absentee ballots when, in the opinion of the board, it is in the best interest of the credit union and its membership. a. The secretary shall include with the notice of balloting a statement that members may vote either in person at the meeting of members or by absentee ballot if the member submits a written or electronic request for an absentee ballot and returns the ballot prior to the close of balloting for ballots submitted other than in person during voting at a meeting held for the purpose of voting. b. The secretary shall mail the balloting materials specified in paragraph 12.11(5)“a” to each member who is eligible to vote and who has submitted a written or electronic request for an absentee ballot. c. Ballots mailed to the election committee or hand-delivered to the credit union shall be received unopened and deposited in ballot boxes. The ballot boxes shall be opened by and the vote tallied by the election committee, the tallies placed in the ballot boxes, and the ballot boxes resealed to be taken to the meeting. d. At the meeting of members, printed ballots shall be given to those members who have not voted. The completed ballots shall be deposited in ballot boxes placed in conspicuous locations by the election committee before the meeting. After the members have been given an opportunity to vote, balloting shall be closed, the ballot boxes opened and the vote tallied by the election committee and added to any previous count of absentee ballots. The election committee shall immediately certify the vote count to the board. The chairperson of the election committee shall announce the result of the vote at the meeting. 12.13(8) In-person vote at meeting. If the board voted by majority vote to conduct the vote in whole or in part at a meeting of members, then printed ballots shall be distributed to those in attendance at the meeting who have not voted by another method, and the ballots shall be deposited in ballot boxes placed in conspicuous locations by the election committee. After those members have been given an opportunity to vote at the meeting, balloting shall be closed, the ballot boxes opened and the vote tallied by the election committee and added to any previous count of mailed or electronic ballots. The election committee shall immediately certify the vote count to the board. The chairperson of the election committee shall announce the result of the vote at the meeting. 12.(9) 12.13(3) Preservation of ballots. Ballots shall be preserved according to the requirements of 189—12.9(533)rule 189—12.11(533). The 60-day retention period required by subrule 12.9(2)12.11(2) shall run from the date the results are certified to the board by the election committee. 12.(10) 12.13(4) Submission to superintendent. The board of directors shall submit the plan to the superintendent for approval before the plan to sell all of the assets of the corporate central credit union becomes effective. The board shall submit the following documentation in support of its request for approval: a. A certified copy of the board minutes which contain the vote of the board of directors to approve the plan and to submit the sale to a vote of the membership. b. A certified copy of the notices provided to members. c. A certified copy of any ballots provided to members. d. A certified statement, including the vote count, that a majority of the eligible members voted in favor of the proposed sale. 12.(11) 12.13(5) Publication of results. The board shall inform the membership of the results of the vote within ten days of certification of the results of the vote by the election committee. The board shall communicate the results to the membership by at least two of the following methods: a. By mail. b. By email. c. By posting a notice on the corporate central credit union’s website. [Filed 11/24/21, effective 1/19/22][Published 12/15/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/15/21.ARC 6092CCredit Union Division[189]Adopted and FiledRule making related to fees
The Credit Union Division hereby amends Chapter 15, “Foreign Credit Union Branch Offices,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 533.115.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 533.115.Purpose and Summary This amendment updates the annual fees paid by foreign credit unions to the Division.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 25, 2021, as ARC 5881C. No public comments were received. Since publication of the Notice, the amendment was updated to strike the reference to operating a branch office as the trigger to pay a registration fee. Adoption of Rule Making This rule making was adopted by the Credit Union Review Board on September 29, 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 Division for a waiver of the discretionary provisions, if any, pursuant to 189—Chapter 23.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on January 19, 2022. The following rule-making action is adopted:
ITEM 1. Amend subrule 15.6(1) as follows: 15.6(1) Each credit union operating a branch office in this state pursuant to these rules and Iowa Code section 533.115 shall pay an annualregistration fee of$1,000 plus $250for each branch or office located in Iowa to the superintendent on or before February 1 of each year. [Filed 11/24/21, effective 1/19/22][Published 12/15/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/15/21.ARC 6085CEconomic Development Authority[261]Adopted and FiledRule making related to broadband forward and telecommuter forward certifications
The Economic Development Authority hereby rescinds Chapter 24, “Emergency Shelter Grants Program,” and adopts a new Chapter 24, “Broadband Forward and Telecommuter Forward Certifications,” 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 871.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 15E.167 as enacted by 2021 Iowa Acts, House File 871.Purpose and Summary Pursuant to 2021 Iowa Acts, House File 871, the Authority shall establish broadband forward and telecommuter forward certifications. The purpose of the broadband forward certification is to encourage cities, counties, and townships (“political subdivisions”) to further develop broadband infrastructure and access to broadband. The purpose of the telecommuter forward certification is to encourage political subdivisions to further develop and promote the availability of telecommuting. New Chapter 24 is replacing the chapter relating to the Emergency Shelter Grants Program. In 2010, administration of the Emergency Shelter Grants Program was transferred to the Iowa Finance Authority.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 22, 2021, as ARC 5929C. Dave Duncan provided the following comment on behalf of the Iowa Communications Alliance: “On behalf of the 115+ community based broadband providers that we represent, we believe that these proposed rules accurately reflect the legislation and the legislative intent, and we support the rules as written. We look forward to helping in any way to get this program rolling so we can celebrate those communities that are broadband advocates!” One change from the Notice has been made. The reference to 2021 Iowa Acts, House File 871, has been removed from the chapter implementation sentence because the legislation will be codified by the time this rule making becomes effective.Adoption of Rule Making This rule making was adopted by the Authority Board on November 19, 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 January 19, 2022. The following rule-making action is adopted:
ITEM 1. Rescind 261—Chapter 24 and adopt the following new chapter in lieu thereof: CHAPTER 24BROADBAND FORWARD AND TELECOMMUTER FORWARD CERTIFICATIONS261—24.1(15E) Authority. The authority for establishing this program is provided in Iowa Code section 15E.167 as enacted by 2021 Iowa Acts, House File 871. 261—24.2(15E) Purposes. The purpose of the broadband forward certification is to encourage political subdivisions to further develop broadband infrastructure and access to broadband. The purpose of the telecommuter forward certification is to encourage political subdivisions to further develop and promote the availability of telecommuting.261—24.3(15E) Definitions. "Applicant" means a political subdivision that submits an application to the authority for a broadband forward certification or telecommuter forward certification. "Authority" means the economic development authority created in Iowa Code section 15.105. "Broadband" means the same as defined in Iowa Code section 8B.1. "Broadband infrastructure" means the same as defined in Iowa Code section 8B.1. "Certification" means a certificate issued to a political subdivision that meets the criteria in rule 261—24.5(15E) or 261—24.6(15E). "Communications service provider" means a service provider that provides broadband service. "Political subdivision" means a city, county, or township. "Program" means the broadband forward and telecommuter forward certification program established in this chapter.261—24.4(15E) Application; review; approval. 24.4(1) Application. The authority will develop a standardized application process and make information on applying available on the authority’s website at www.iowaeda.com. To apply for certification under the program, a political subdivision shall submit an application to the authority in the form and manner prescribed by the authority. A political subdivision may apply for broadband forward certification and telecommuter forward certification concurrently. 24.4(2) Review. The authority will review each complete application to determine whether an applicant meets the criteria in rule 261—24.5(15E) or 261—24.6(15E). 24.4(3) Approval. The authority may approve, deny or defer applications for certification. If the authority approves an application for certification, the authority will issue a broadband forward or telecommuter forward certificate and assist the political subdivision in publicizing its certification. 261—24.5(15E) Broadband forward certification. 24.5(1) Application requirements. To obtain broadband forward certification, a political subdivision shall submit to the authority an application indicating all of the following: a. The political subdivision’s support and commitment to promote the availability of broadband. b. Existing or proposed ordinances encouraging the further development of broadband infrastructure and access to broadband. c. Efforts to secure local funding for the further development of broadband infrastructure and access to broadband. d. A single point of contact for the political subdivision for all matters related to broadband and broadband infrastructure. 24.5(2) Single point of contact. The single point of contact designated pursuant to paragraph 24.5(1)“d” shall be responsible for all of the following: a. Coordination and partnership with the authority, communications service providers, realtors, economic development professionals, employers, employees, and other broadband stakeholders. b. Collaboration with the authority, communications service providers, and employers to identify, develop, and market broadband packages available in the political subdivision. c. Familiarity with broadband mapping tools and other state-level resources. d. Maintaining regular communication with the authority. e. Providing to the political subdivision regular reports regarding the availability of broadband in the political subdivision. 24.5(3) Evaluation. The authority will evaluate whether the applicant demonstrates that its efforts or proposed efforts to develop broadband infrastructure and access to broadband will have a sufficient impact that warrants certification. 261—24.6(15E) Telecommuter forward certification. 24.6(1) A political subdivision that meets the criteria for broadband forward certification in rule 261—24.5(15E) may apply for telecommuter forward certification. To obtain telecommuter forward certification, a political subdivision shall submit to the authority an application indicating the following: a. The political subdivision’s support and commitment to promote the availability of telecommuting options. b. Existing or proposed ordinances encouraging the further development of telecommuting options. c. Efforts to secure local funding for the further development of telecommuting options. d. A single point of contact for coordinating telecommuting opportunities and options. 24.6(2) The single point of contact designated pursuant to paragraph 24.6(1)“d” shall be responsible for all of the following: a. Coordination and partnership with the authority, communications service providers, realtors, economic development professionals, employers, employees, and other telecommuting stakeholders. b. Collaboration with the authority, communications service providers, and employers to identify, develop, and market telecommuter-capable broadband packages available in the political subdivision. c. Promotion of telecommuter-friendly workspaces, such as business incubators with telecommuting spaces, if such a workspace has been established in the political subdivision at the time the political subdivision submits the application. d. Familiarity with broadband mapping tools and other state-level resources. e. Maintaining regular communication with the authority. f. Providing to the political subdivision regular reports regarding the availability of telecommuting options in the political subdivision. 24.6(3) The authority will evaluate whether the applicant demonstrates that its efforts or proposed efforts to further develop and promote the availability of telecommuting will have a sufficient impact that warrants certification.261—24.7(15E) Maintenance of certification. 24.7(1) Reports. A political subdivision certified pursuant to this chapter shall submit an annual report to the authority verifying its continued eligibility for certification pursuant to rule 261—24.5(15E) or 261—24.6(15E). If applicable, the report will also address a political subdivision’s compliance with the restrictions in subrule 24.7(2). 24.7(2) Restrictions on certified broadband forward communities. A political subdivision that the authority has certified as a broadband forward community pursuant to subrule 24.4(3) shall not do any of the following: a. Require an applicant to designate a final contractor to complete a broadband infrastructure project. b. Impose a fee to review an application or issue a permit for a broadband infrastructure application in excess of $100. c. Impose a moratorium of any kind on the approval of applications and issuance of permits for broadband infrastructure projects or on construction related to broadband infrastructure. d. Discriminate among communications service providers or public utilities with respect to any action described in this rule or otherwise related to broadband infrastructure, including granting access to public rights-of-way, infrastructure and poles, river and bridge crossings, or any other physical assets owned or controlled by the political subdivision. e. As a condition for approving an application or issuing a permit for a broadband infrastructure project or for any other purpose, require the applicant to provide any service or make available any part of the broadband infrastructure to the political subdivision or make any payment to or on behalf of the political subdivision, except for the fee allowed under paragraph 24.7(2)“b.” 24.7(3) Revocation of certification. The authority shall revoke the certification of a political subdivision that does not comply with the requirements of subrule 24.7(1) or 24.7(2) or that the authority otherwise determines is no longer eligible for certification pursuant to this chapter. These rules are intended to implement Iowa Code section 15E.167. [Filed 11/19/21, effective 1/19/22][Published 12/15/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/15/21.ARC 6086CEconomic Development Authority[261]Adopted and FiledRule making related to workforce housing tax incentives program
The Economic Development Authority hereby amends Chapter 48, “Workforce Housing Tax Incentives 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, Senate File 619.State or Federal Law Implemented This rule making implements, in whole or in part, 2021 Iowa Acts, Senate File 619.Purpose and Summary 2021 Iowa Acts, Senate File 619, amends Iowa Code section 15.354 relating to the Workforce Housing Tax Incentives Program. The legislation (1) replaces examination language with a requirement that recipients provide a statement of the amount of final qualified rehabilitation expenditures and any other information deemed necessary by the Authority, (2) allows the Authority to request additional documentation before approving a sales and use tax refund, (3) allows the Authority to establish an application period for the submission of disaster recovery applications and allows for competitive scoring, and (4) adds a provision that a housing business shall meet the requirements set forth in the Authority’s and the Department of Revenue’s rules before claiming a refund of sales and use taxes. This rule making amends certain definitions, incorporates the examination language from Senate File 619 and further elaborates on the attestation procedure, and amends the disaster recovery housing rules to include the authority to establish an application period and a competitive process. This rule making also updates the Authority’s address.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 22, 2021, as ARC 5909C. No public comments were received. The following changes from the Notice have been made:
Rule making related to limited English proficiency
The State Board of Education hereby amends Chapter 60, “Programs for Students of Limited English Proficiency,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 256.7(5).State or Federal Law Implemented This rule making implements, in whole or in part, 2021 Iowa Acts, House File 605.Purpose and Summary This rule making implements 2021 Iowa Acts, House File 605, which creates two levels of weighting for students who are English learners.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 25, 2021, as ARC 5876C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the State Board on November 17, 2021.Fiscal Impact This rule making has a fiscal impact to the State, according to the Legislative Services Agency’s analysis of House File 605. The estimated fiscal impact is between $84,000 and $97,000. 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 281—Chapter 4.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on January 19, 2022. The following rule-making actions are adopted:
ITEM 1. Amend rule 281—60.2(280), definitions of “Fully English proficient” and “Limited English proficient,” as follows: "Fully English proficient" refers to a student who is able to read, understand, write, and speak the English language and to use English to ask questions, to understand teachers and reading materials, to test ideas, and to challenge what is being asked in the classroomhas attained a level of English language skill in reading, writing, listening, and speaking to be proficient under the state’s English language proficiency standards, as measured by the state-adopted assessment of English language proficiency as required by Section 1111 of the federal Elementary and Secondary Education Act of 1965 as amended by the federal Every Student Succeeds Act, Pub. L. No. 114-95. "Limited English proficient" refers to a student who has a language background other than English, and thestudent’s proficiency in English is such that the probability of the student’s academic success in an English-only classroom is below that of an academically successful peer with an English language background.Each limited English proficient student shall be identified as either an intensive student or an intermediate student. ITEM 2. Adopt the following new definitions of “Intensive student” and “Intermediate student” in rule 281—60.2(280): "Intensive student" means a limited English proficient student who, even with support, is not proficient under the state’s English language proficiency standards, as measured by the state-adopted assessment of English language proficiency. "Intermediate student" means a limited English proficient student who, either with or without support, approaches being proficient under the state’s English language proficiency standards, as measured by the state-adopted assessment of English language proficiency. ITEM 3. Amend paragraph 60.6(1)"a" as follows: a. A student may be included for weighting if the student meets the definition of a limited English proficient studentas either an intensive student or an intermediate student and the student is being provided instruction related to limited English proficiency above the level of instruction provided to pupils in the regular curriculum. [Filed 11/17/21, effective 1/19/22][Published 12/15/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/15/21.ARC 6078CEducation Department[281]Adopted and FiledRule making related to charter schools
The State Board of Education hereby adopts new Chapter 19, “Charter Schools,” and amends Chapter 68, “Iowa Public Charter and Innovation Zone Schools,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted 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 rule making modernizes charter schools in Iowa, in light of recent legislative changes. In this 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.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 6, 2021, as ARC 5961C. A public hearing was held on October 26, 2021, at 1 p.m. in the State Board Room, Second Floor, Grimes State Office Building, Des Moines, Iowa, with an option to participate via video/conference call. Seven members of the public attended the hearing, and three provided comments. The Department also received 12 public comments, including from Reaching Higher Iowa, the Iowa Association of School Boards, the National Alliance for Public Charter Schools, the Urban Education Network, the Rural School Advocates of Iowa, Iowa Legal Aid, one provider of virtual instruction, and several private individuals. General. Several commenters provided comments that were either a positive or negative critique on the concept of charter schools. Other comments suggested that charter schools be required to have a “defined focus” or a “quality curriculum.” The application-and-accountability process set forth in the rules will sufficiently address those concerns. Several commenters referenced requirements that were already included in the proposed rules (licensed teachers and administrators, performance measures). No changes from the Notice have been made based on these comments. Virtual instruction. Several commenters requested that charter schools not be required to have a brick-and-mortar presence. While this would require additional State Board approval under paragraph 19.11(2)“g,” it is possible for a virtual-only charter to be approved. Another commenter requested that each application contain a description of how technology will be used, including how it will be accessed and accessible. This addition would exceed the scope of the statute and accessible technology is already required under state and federal disability law. No changes have been made based on these comments. Rule 281—19.4(256E) (definitions). One commenter requested that the rules make clear that individuals other than the child’s parent may have authority to serve the role of parent under these rules. Based on the federal case cited, the commenter’s point is well made. Based on this comment, a change from the Notice has been made to add a definition of the term “parent” in rule 281—19.4(256E). Rule 281—19.6(256E) (general application provisions). Three commenters requested additional clarity on the application process and performance framework. The performance framework is laid out in rule 281—19.10(256E), and the charter application process and criteria were presented to the State Board in November 2021. No changes have been made based on these comments. Three commenters asked that the application deadline for future years be moved from August 1 to February 1, citing the possibility of a long (and potentially unnecessary) lag time between application, approval, and signing of the contract. The August 1 deadline was selected to allow the Department a period to provide technical assistance and support for charter applicants with applications that need additional detail. The Department believes that the same work can be completed with a November 1 deadline. Therefore, the application deadline in subrule 19.6(5) for school years on or after the school year beginning July 1, 2023, has been adjusted to November 1. Rules 281—19.7(256E) and 281—19.8(256E) (application contents). Two commenters requested that the application be required to make specific reference to the statutory purposes in rule 281—19.3(256E). No changes have been made based on these comments, because the components of the charter school application and the performance framework align to the purposes in rule 281—19.3(256E). Two commenters requested that the application describe the area to be served by reference to the districts and nonpublic schools from which students are eligible to enroll. The language in rules 281—19.7(256E) and 281—19.8(256E) align with the statute. The requirements of these rules could be met by using school district boundaries or another boundary. Requiring nonpublic schools to be included is not necessary for the purposes of Iowa Code chapter 256E. No changes have been made based on these comments. Two commenters requested that the evidence of need in the application should specify how current services are lacking, so that the charter school supplements current services as opposed to supplanting them. The purpose of charter schools is to increase opportunities, which include providing services that are lacking and expanding on services that already exist. Imposing a supplement-not-supplant requirement would be inconsistent with rule 281—19.3(256E) and would limit the innovation that charter schools are designed to foster. A service may exist; however, the charter school may identify a need to provide that service in a more efficient or effective way. No changes have been made based on these comments. One commenter requested that the application be required to state how a charter school will be required to communicate with parents who are not English speakers. Changes have been made based on this comment, because this is currently a matter of state and federal civil rights law. Another commenter requested that the application describe how charter schools will market themselves to students with disabilities, English language learners, and other groups, as well as specifying the proportional enrollment of said groups. No changes have been made based on this comment, since the enrollment data will be part of the accountability framework and the proposed targeted marketing requirement would impose a new requirement beyond the text of the statute. One commenter requested that if a charter school is unable to provide background information on its founding group, board, or administration, the charter school must provide a time frame to provide that information. This is a reasonable request, and that language has been added as a parenthetical in paragraphs 19.7(1)“g” and 19.8(1)“g.” Two commenters raised concerns about student discipline in the application process. One commenter requested that charter schools be required to analyze their proposed disciplinary rules to ensure that the rules do not add additional burdens to students with disabilities or students of color. The requirement not to discriminate based on race or disability is included in the rules (paragraph 19.11(2)“a”) and other law, and no additional regulation is necessary. Another commenter requested that discipline policies include demographic information. As mentioned below in the discussion of rule 281—19.10(256E), disaggregated discipline data will be collected under the state’s accountability system, which will include charter schools. No changes have been made based on these comments. One commenter stated that any plans for staff recruitment must acknowledge difficulties in recruitment and retention of staff, to ensure that the charter school does not hire staff away from nearby public and nonpublic schools. This request is beyond the statutory text and is inconsistent with one of the purposes set forth in rule 281—19.3(256E): “Create new professional opportunities for teachers and other educators.” No changes have been made based on these comments. Two commenters requested that any education service provider retained by a charter school be subject to open meetings and open records statutes, as well as financial transparency requirements. The State Board has no authority to directly subject education service providers to Iowa’s open meetings and public records statutes, and paragraph 19.8(1)“z” addresses many of the commenters’ transparency concerns. No changes have been made based on these comments. One commenter requested that charter schools be required to provide the same level of transportation and food services as public schools. The rules are identical to the statute; however, some clarification about federal law would be appropriate. Paragraphs 19.7(1)“u” and 19.8(1)“u” have been revised slightly to contain a reference to compliance with requirements imposed by federal law on public charter schools. Rule 281—19.10(256E) (performance framework). One commenter requested that the performance framework require charter schools to disaggregate and analyze discipline data based on race, national origin, and other protected characteristics. No changes have been made based on this comment, because these data are collected as part of statewide accountability measures to which charter schools will be held. One commenter requested that schools be required to report on admissions denials, disaggregated by demographic information. This additional collection of information is an expansion of the requirements of 2021 Iowa Acts, House File 813. No changes have been made based on this comment. Three commenters requested additional clarification on what is meant by “conditions for learning data” in paragraph 19.10(1)“f.” These data are required to be collected as part of Iowa’s plan under the Every Student Succeeds Act (ESSA). Based on these comments, a clarifying parenthetical has been added to 19.10(1)“f.” Rule 281—19.11(256E) (general operating powers and duties). One commenter requested a statement that the federal McKinney-Vento Homeless Assistance Act (McKinney-Vento) applies to charter schools. No changes have been made based on this comment; however, the Department confirms that McKinney-Vento requirements apply to public charter schools. One commenter requested that charter schools be required to comply with Iowa’s administrative rules on seclusion and restraint (281—Chapter 103). Seclusion and restraint rules are premised on health and safety protections for both students and staff. For this reason, an additional parenthetical has been added to paragraph 19.11(2)“a,” which also includes mandatory reporting requirements contained in Iowa Code section 232.69 and Iowa’s rules on investigating abuse by school employees under 281—Chapter 102. One commenter requested that the school fee waiver process under 281—Chapter 18 be included in paragraph 19.11(2)“c.” This paragraph sets forth the exemptions contained in the statute, and it would be impermissible to expand this paragraph’s scope. This suggested change to public policy would require legislative action. No changes have been made based on this comment. One commenter asked that socioeconomic statutes be added to subrule 19.11(5). This language is verbatim from the statute, and a charter school must be tuition-free to any Iowa resident. No changes have been made based on this comment. Three commenters requested that the rule of construction in proposed subrule 19.11(8) be removed, since it was inconsistent with the statute and unduly restrictive for charter schools. While the rule of construction was proposed to ensure transparency between the charter school and its community, the commenters’ critique has merit. For that reason, the subrule that contained the rule of construction was not adopted. Rule 281—19.12(256E) (funding). Three commenters suggested addressing charter schools’ eligibility for, calculation of, distribution of, and use of federal funds. The commenters’ point is well taken. This rule and the underlying statute focus on state funds; however, there may be federal funds available to charter schools. A new subrule 19.12(8) has been added to address this possibility. One commenter requested clarification under subrule 19.12(2) regarding whether districts of residence should pay tuition reimbursement under Iowa Code chapter 261E to the charter school or directly to the community college. The commenter requested that the district of residence pay the community college directly, as a matter of efficiency and reduction of errors. After careful consideration of the text of the statute, this change is not possible. The underlying statute requires the charter school to make the payment (“the charter school shall pay”), as does this subrule. The commenter’s public policy concerns are best addressed to the Legislature. One commenter requested clarification of how a school district will know how to count in its certified enrollment any resident students enrolled in charter schools when those students have never been enrolled in the school district. Although prompted by subrule 19.12(4), this concern is a valid concern for the entirety of the rule. For that reason, the Department has added subrule 19.12(9), which requires charter schools to notify districts of residence in a timely manner that allows districts of residence to include children attending out-of-district charter schools in the district’s certified enrollment. Rule 281—19.13(256E) (oversight—corrective action—contract renewal—revocation). One commenter requested clarification by rule of the term “reasonable opportunity” in subrule 19.13(3), which gives charter schools a “reasonable opportunity” to correct unsatisfactory compliance or performance. No changes have been made based on this comment. Any reference to reasonability in the law indicates that the inquiry is inherently fact-specific. What is reasonable will depend on, among other factors, the nature, number, severity, duration, cause, repetitiveness, and correctability of the noncompliance, and the weight to be given to these factors will vary based on the facts of each case. Codifying these factors in rule will not significantly aid in the future application of this subrule. Rule 281—19.14(256E) (procedures for charter school closure—student enrollment). One commenter requested that the application process in rules 281—19.7(256E) and 281—19.8(256E) be revised to require the applicant to address how the applicant will deal with closure. This request is inconsistent with rule 281—19.14(256E), which provides that the State Board shall establish charter school closure protocols. Requiring charter applicants to identify closure procedures in their applications would be premature and could potentially conflict with State Board-adopted closure protocols. No changes have been made based on this comment. Rule 281—19.15(256E) (reports). One commenter requested that charter schools be required to publicly report evaluation information and the charter school’s performance framework data, and that this data be publicly accessible on the Department’s web page. The rules provide such information, so no changes have been made based on this comment. Additional comments. One commenter posed nine questions to the Department, which provided the following preliminary guidance: Question 1: “Can multiple public school districts join together to create a founding group for a charter school if each of their respective school boards authorize such an application?” Answer 1: Yes, based on the definition of “founding group” in rule 281—19.4(256E). Question 2: “Can charter school students and regular public school students in the district be in the same class room for some instruction?” Answer 2: Yes, if there is an agreement between the charter school and the public school. Question 3: “Can a student attending a charter school utilize classes offered by the district if not also offered by the charter school?” Answer 3: Yes, if there is an agreement between the charter school and the public school. Question 4: “Do the rules for online education offerings that apply to public schools also apply to charter schools?” Answer 4: To the extent that those rules are included in Iowa Code section 256.11, a charter school would be bound by the rules unless specifically waived by the State Board. To the extent that the rules are not included, the charter school would be exempt from the rules. Any decision to offer or not offer virtual education must comply with applicable civil rights laws, including the obligation to provide virtual education in an accessible manner. Question 5: “What are the athletic eligibility rules for a charter school student, whether the charter is established under the school board-state board model or the founding group-state board model?” Answer 5: The same athletic eligibility rules (scholarship rule, transfer rules, etc.) would apply to charter schools that choose to offer interscholastic athletics. Once offered, the charter school is held, as a matter of competitive equity, to the same rules that govern other member schools and associate member schools. Question 6: “Can a student attending a school board-state board charter school get a school permit? If yes, would the authorizing signature need to come from a school district employee, a charter school employee, or both?” Answer 6: The Department assumes that charter school students would be eligible; however, this matter is within the primary jurisdiction of the Department of Transportation. As to who can provide the authorizing signature, the Department defers to its colleagues at the Department of Transportation. Question 7: “Are teachers at the charter school eligible for IPERS [the Iowa Public Employees’ Retirement System] since it is considered a public school, regardless of the model which created the charter school?” Answer 7: This matter is within the jurisdiction of IPERS. Question 8: “Is a charter school required to issue a diploma or the equivalent for its students?” Answer 8: The Department expects charter schools that offer a high school program to issue a diploma to every student who completes that program. Graduation rates are part of charter school accountability, including the annual report, ESSA accountability, and attendance center rankings. Question 9: “Will a student be able to move to postsecondary education with an associate’s degree but no high school diploma or equivalent?” Answer 9: This is a matter for individual institutes of higher education to resolve. Additionally, a legislative staff member posed two questions to the Department, which provide the following preliminary guidance: Question 1: “For the proper discipline and discharge of a teacher, does the charter school have to follow Iowa Code chapter 279?” Answer 1: Those provisions of Iowa Code chapter 279 are not listed in the exemptions in subrule 19.11(2). Whether a charter school follows those procedures is a matter of choice, including whether to offer those procedures as a matter of contract. Question 2: “Does a charter school have to follow truancy laws and procedures?” Answer 2: Iowa’s truancy law places primary responsibility for school attendance on parents. As stated in Iowa Code section 299.1(1), Iowa’s compulsory attendance law requires parents to “cause the child to attend some public school or an accredited nonpublic school, or place the child under competent private instruction or independent private instruction in accordance with the provisions of chapter 299A, during a school year, as defined under section 279.10.” Also, the accountability framework in this chapter requires attendance data.Adoption of Rule Making This rule making was adopted by the State Board on November 17, 2021.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 281—Chapter 4.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on January 19, 2022. The following rule-making actions are adopted:
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.
Rule making related to operational function sharing and supplementary weighting
The State Board of Education hereby amends Chapter 97, “Supplementary Weighting,” and Chapter 98, “Financial Management of Categorical Funding,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 256.7(5).State or Federal Law Implemented This rule making implements, in whole or in part, 2021 Iowa Acts, House Files 847 and 868.Purpose and Summary 2021 Iowa Acts, House Files 847 and 868, make changes to supplementary weighting due to additional functions or positions eligible for operational sharing, add the teacher leadership supplement as an eligible source from which transfers to the flexibility account may be made, and establish a flexible student support program. These amendments implement those provisions.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 25, 2021, as ARC 5877C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the State Board on November 17, 2021.Fiscal Impact According to the Fiscal Note accompanying House File 847, the reductions in weightings starting in fiscal year 2023 will decrease State aid from the General Fund by approximately $2.5 million and decrease statewide property taxes by $300,000. There is no fiscal impact for the flexible student and school support 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 the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on January 19, 2022. The following rule-making actions are adopted:
ITEM 1. Amend subrule 97.7(2), introductory paragraph, as follows: 97.7(2) Operational function area eligibility. “Operational function sharing” means sharing of managerial personnel in the discrete operational function areas of superintendent management, business management, human resources management, student transportation management, facility operation or maintenance management, curriculum director, master social worker, independent social worker, or school counselor, special education director, work-based learning coordinator, or mental health professional if the mental health professional holds a statement of recognition issued by the board of educational examiners. “Operational function sharing” does not mean sharing of clerical personnel or school principals. The operational function sharing arrangement does not need to be a newly implemented sharing arrangement in order to be eligible for supplementary weighting. ITEM 2. Adopt the following new paragraphs 97.7(2)"i" to 97.7(2)"k": i. Special education director. (1) Shared personnel must perform the services of a special education director. An individual performing the function of a special education director must be properly licensed for that position. (2) Teachers, superintendents, principals, curriculum directors, or other support services personnel in the improvement of instruction services function area shall not be considered a shared special education director under this subrule. (3) Shared special education director services shall not include contracting for services from a private provider even if another political subdivision is contracting for services from the same private provider. j. Work-based learning coordinator. (1) Shared personnel must perform the services of a work-based learning coordinator. An individual performing the function of a work-based learning coordinator must be properly trained for that position. (2) Superintendents, principals, curriculum directors, deans of students, school counselors, or other support services personnel in the guidance services function area shall not be considered a shared work-based learning coordinator under this subrule. (3) Shared work-based learning coordinator services shall not include contracting for services from a private provider even if another political subdivision is contracting for services from the same private provider. k. Mental health professional. (1) Shared personnel must perform the services of a mental health professional. An individual performing the function of a mental health professional must hold a statement of professional recognition issued by the board of educational examiners. (2) Deans of students, school counselors, or other support services personnel in the guidance services function area shall not be considered a shared mental health professional under this subrule. (3) Shared mental health professional services shall not include contracting for services from a private provider even if another political subdivision is contracting for services from the same private provider. ITEM 3. Rescind subrule 97.7(10) and adopt the following new subrule in lieu thereof: 97.7(10) Weighting. A school district that shares an eligible operational function listed in subrule 97.7(2) shall be assigned a supplementary weighting as stipulated in Iowa Code section 257.11(5)“a.” The supplementary weighting shall be assigned to each discrete operational function shared. The department shall reserve the authority to determine if an operational sharing arrangement constitutes a discrete arrangement or qualifying operational sharing arrangement if the circumstances have not been clearly described in the Iowa Code or the Iowa Administrative Code. a. A school district that shares an operational function in the area of superintendent management shall be assigned a supplementary weighting of eight pupils for the function. b. A school district that shares an operational function in the area of business management, human resources management, transportation management, or operation and maintenance management shall be assigned a supplementary weighting of five pupils for the function. For the school budget years beginning July 1, 2022; July 1, 2023; and July 1, 2024, the weighting shall be four pupils. c. A school district that shares the operational functions of a curriculum director, master social worker, independent social worker, school counselor, work-based learning coordinator, or mental health professional shall be assigned a supplementary weighting of three pupils for the function. For the school budget years beginning July 1, 2022; July 1, 2023; and July 1, 2024, the weighting shall be two pupils. ITEM 4. Adopt the following new subrule 98.25(3): 98.25(3) Flexibility account. All or a portion of the amount remaining unexpended and unobligated at the end of a budget year beginning on or after July 1, 2020, may be transferred for deposit into the flexibility account established under Iowa Code section 298A.2, provided all statutory requirements of the teacher leadership program have been met. ITEM 5. Amend rule 281—98.27(257,298A), introductory paragraph, as follows:281—98.27(257,298A) Flexibility account. Beginning with the budget year beginning July 1, 2017, in accordance with Iowa Code section 298A.2, a flexibility account shall be established in the general fund of each school corporation if the school corporation has authorized a transfer of all or a portion of its unexpended and unauthorized funds from any of the following sources: the statewide voluntary preschool program, the professional development supplement,the teacher leadership supplement, and the home school assistance program. Additionally, moneys from any other school district fund or general fund account can be transferred to the flexibility account if the program, purpose, or requirements for expenditure of such moneys have been repealed or are no longer in effect. ITEM 6. Adopt the following new paragraph 98.27(3)"i": i. Support of an approved flexible student and school support program under Iowa Code section 256.11. [Filed 11/17/21, effective 1/19/22][Published 12/15/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/15/21.ARC 6084CEthics and Campaign Disclosure Board, Iowa[351]Adopted and FiledRule making related to sales or leases by regulatory agency officials or employees
The Ethics and Campaign Disclosure Board hereby amends Chapter 1, “Iowa Ethics and Campaign Disclosure Board,” and Chapter 6, “Executive Branch Ethics,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 68B.32A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 68B.4 as amended by 2021 Iowa Acts, House File 491.Purpose and Summary These amendments implement 2021 Iowa Acts, House File 491, prohibiting state regulatory agency officials and employees from selling or leasing real estate to persons subject to the agency’s regulatory authority unless certain conditions are met.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 8, 2021, as ARC 5888C. A public hearing was held on September 29, 2021, at 2 p.m. via Zoom. One person attended the public hearing but did not provide a comment. 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 November 18, 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 351—Chapter 15.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on February 1, 2022. The following rule-making actions are adopted:
ITEM 1. Amend subrule 1.4(9) as follows: 1.4(9) As the board is defined as a “regulatory agency” under Iowa Code section 68B.2(23), members and staff of the board shall comply with the requirements of Iowa Code section 68B.4 and rule 351—6.11(68B) prior to selling or leasing goods, real estate, or services to individuals, associations, or corporations subject to the board’s regulatory authority. ITEM 2. Amend 351—Chapter 6, Division III heading, as follows:SALES OR LEASES OF GOODS, REAL ESTATE, OR SERVICES ITEM 3. Amend rule 351—6.11(68B), introductory paragraph, as follows:351—6.11(68B) Sales or leases by regulatory agency officials or employees. An official or employee of a regulatory agency shall not directly or indirectly sell or lease any goods, real estate, or services to individuals, associations, or corporations subject to the regulatory authority of the official’s or employee’s agency except as provided by Iowa Code section 68B.4 and this rule. This prohibition does not apply to sales or leases that are part of the official’s or employee’s state duties. ITEM 4. Rescind subrule 6.11(1). ITEM 5. Renumber subrules 6.11(2) to 6.11(8) as 6.11(1) to 6.11(7). ITEM 6. Amend renumbered subrule 6.11(2) as follows: 6.11(2) Request for consent. An official’s or employee’s request for an agency’s consent to the sale or lease of goods, real estate, or services shall comply with all of the following: a. The request shall be in writing and shall be filed with the official’s or employee’s agency at least 20 calendar days in advance of the proposed sale or lease of any goods, real estate, or services. b. The request shall include all of the following: (1) The name of the individual, association, or corporation to which the goods, real estate, or services are to be sold or leased; (2) The relationship of the individual, association, or corporation to the agency; (3) A description of the goods, real estate, or services; (4) The date or dates that the goods, real estate, or services will be delivered; and (5) A statement by the official or employee explaining how the proposed sale or lease of the goods, real estate, or services will not violate the provisions of Iowa Code section 68B.4 or create a conflict of interest under Iowa Code section 68B.2A. ITEM 7. Amend renumbered subrule 6.11(3) as follows: 6.11(3) Agency guidelines. Iowa Code section 68B.4 and the guidelines in this subrule shall be the sole legal authorities to be used by an agency in considering the granting of consent. In determining whether to grant consent, the agency shall take the following guidelines into consideration: a. The official or employee seeking consent is not the person with the authority to determine whether consent should be granted. b. The duties and functions performed by the official or employee seeking consent are not related to the regulatory authority of the agency over the individual, association, or corporation to which the goods, real estate, or services will be sold or leased. c. The selling or leasing of the goods, real estate, or services does not affect the official’s or employee’s duties or functions at the agency. d. The selling or leasing of the goods, real estate, or services will not cause the official or employee to advocate on behalf of the individual, association, or corporation to the agency. e. The selling or leasing of the goods, real estate, or services does not cause the official or employee to sell or lease goods, real estate, or services to the agency on behalf of the individual, association, or corporation. f. The selling or leasing of the goods, real estate, or services will not result in a conflict of interest as provided in Iowa Code section 68B.2A. g. The request complies with the procedural requirements of subrule 6.11(3)6.11(2). h. A regulatory agency may grant blanket consent for sales or leases to classes of individuals, associations, or persons when such blanket consent is consistent with subrule 6.11(4)6.11(3) and the granting of single consents is impractical or impossible to determine.These guidelines shall be publicized and made known to all personnel throughout the agency. [Filed 11/18/21, effective 2/1/22][Published 12/15/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/15/21.ARC 6076CPharmacy Board[657]Adopted and FiledRule making related to practice of pharmacy
The Board of Pharmacy hereby amends Chapter 3, “Pharmacy Technicians,” Chapter 8, “Universal Practice Standards,” Chapter 20, “Compounding Practices,” and Chapter 39, “Expanded Practice Standards,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 155A.6A, 155A.45 and 155A.46 and 2021 Iowa Acts, House File 514.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 155A.4, 155A.6A, 155A.45 and 155A.46; 2021 Iowa Acts, House File 514; and 2021 Iowa Acts, Senate File 296.Purpose and Summary These amendments implement legislation enacted during the 2021 Legislative Session (House File 514 and Senate File 296). Specifically, these amendments:
Rule making related to pharmacy technician administration of vaccines
The Board of Pharmacy hereby amends Chapter 3, “Pharmacy Technicians,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 147.76 and 155A.6A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 155A.6A.Purpose and Summary This rule making provides the minimum training requirements for pharmacy technicians to engage in the administration of vaccinations. Currently, under the national public health emergency declaration and Public Readiness and Emergency Preparedness (PREP) Act in response to the global coronavirus pandemic, pharmacy technicians are authorized, pursuant to training and continuing education requirements, to administer pediatric vaccinations to any patient aged 3 to 18 years old and COVID-19 vaccinations to patients of any age for which the vaccination is authorized or approved. This rule making identifies properly trained pharmacy technicians so that the technicians may engage in pharmacist-delegated vaccine administration for immunizations and not be limited to pediatric or COVID-19 vaccinations.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 5831C. This rule making was also adopted and filed emergency and published in the Iowa Administrative Bulletin as ARC 5820C on the same date. A public hearing was held on September 2, 2021, at 10:30 a.m. in the Health Professions Board Room, 400 S.W. 8th Street, Suite H, Des Moines, Iowa, as well as by Zoom. Nine individuals attended the public hearing with one individual providing oral comments on behalf of the Iowa Pharmacy Association in support of the rule making and stating that its membership has provided overwhelmingly positive feedback. The Board received two written comments, which were both supportive of the rule making. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on November 10, 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 can be determined.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 657—Chapter 34.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on January 19, 2022, at which time the Adopted and Filed Emergency rule making is hereby rescinded. The following rule-making action is adopted:
ITEM 1. Amend rule 657—3.17(155A) as follows:657—3.17(155A) Training and utilization of pharmacy technicians. 3.17(1) Policies and procedures. All licensed pharmacies located in Iowa that utilize pharmacy technicians shall develop, implement, and periodically review written policies and procedures for the training and utilization of pharmacy technicians appropriate to the practice of pharmacy. Pharmacy policies shall specify the frequency of review. 3.17(2) Documented training. Pharmacy technician training shall be documented and maintained by the pharmacy for the duration of employment. Policies and procedures and documentation of pharmacy technician training shall be available for inspection and copying by the board or an agent of the board. 3.17(3) Vaccine administration training and continuing education. A pharmacy technician who administers a vaccine or immunization under the supervision of a pharmacist shall document successful completion of the requirements in paragraph 3.17(3)“a” or “b” and shall maintain competency by completing and maintaining documentation of the continuing education requirements in paragraph 3.17(3)“c.” a. Initial qualification.Except as provided in paragraph 3.17(3)“b,” a technician shall have successfully completed an Accreditation Council for Pharmacy Education (ACPE)-accredited program on vaccine administration that is an evidence-based program that includes study material and hands-on training and techniques for administering vaccines, requires testing with a passing score, complies with current Centers for Disease Control and Prevention (CDC) guidelines, and provides instruction and experiential training in the following content areas: (1) Standards for immunization practices; (2) Basic immunology and vaccine protection; (3) Vaccine-preventable diseases; (4) Recommended immunization schedules; (5) Vaccine storage and management; (6) Informed consent; (7) Physiology and techniques for vaccine administration; (8) Immunization record management; and (9) Identification of adverse events. b. Previous qualification.A technician who is currently licensed as a registered nurse shall be deemed to have met the training requirement. c. Continuing education.During any technician registration renewal period, a technician who engages in the administration of vaccines shall complete and document at least one hour of ACPE-approved continuing education with the ACPE topic designator “06” followed by the letter “T” or “P.” d. Certification maintained.During any period within which a technician may engage in the administration of vaccines, the technician shall maintain current certification in basic cardiac life support through a training program designated for health care providers that includes hands-on training. [Filed 11/15/21, effective 1/19/22][Published 12/15/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/15/21.ARC 6073CPharmacy Board[657]Adopted and FiledRule making related to interim pharmacists
The Board of Pharmacy hereby amends Chapter 8, “Universal Practice Standards,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 155A.13.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 155A.13.Purpose and Summary This amendment provides for the identification of an interim pharmacist in charge (PIC) in situations when the permanent PIC is not vacating the position but is out of the pharmacy on an extended leave of absence (e.g., medical or parental leave). The pharmacy would be able to notify the Board, on forms provided by the Board, of the interim PIC. However, neither a pharmacy license application nor a permanent change of the pharmacy license would be required.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 5835C. The Board received two written comments, which were both supportive of the rule making. Both recommended extending the number of days which an interim PIC could serve in the role to at least 120 days, citing extended maternity leave programs. The Board agreed with the suggestions and revised subparagraph 8.35(6)“d”(4) to extend the interim PIC period to 120 days.Adoption of Rule Making This rule making was adopted by the Board on November 10, 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 657—Chapter 34.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on January 19, 2022. The following rule-making action is adopted:
ITEM 1. Adopt the following new subparagraph 8.35(6)"d": (4) If a permanent pharmacist in charge is out of the pharmacy for an extended leave of absence of no more than 120 days, the pharmacy may identify an interim pharmacist in charge and provide notice of such to the board on forms provided by the board. Identification of an interim pharmacist in charge shall not require submission of a new pharmacy license application and shall not result in a permanent change in pharmacist in charge on the pharmacy license. If a permanent pharmacist in charge is out of the pharmacy for an extended leave of absence greater than 120 days, the pharmacy shall initiate a change of pharmacist in charge in accordance with this rule. [Filed 11/15/21, effective 1/19/22][Published 12/15/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/15/21.ARC 6074CPharmacy Board[657]Adopted and FiledRule making related to controlled substances and precursor substances
The Board of Pharmacy hereby amends Chapter 10, “Controlled Substances,” and Chapter 12, “Precursor Substances,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 124.201 and 124B.2(2).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 124.201 and 124B.2(2).Purpose and Summary These amendments temporarily identify three List I chemicals (used in the illicit manufacture of MDMA/“ecstasy”-type substances and amphetamine/methamphetamine) as precursor substances and add the following four substances into the Iowa Controlled Substances Act, both actions in response to similar scheduling action by the federal Drug Enforcement Administration:
Rule making related to five-year review of rules
The Board of Pharmacy hereby amends Chapter 21, “Electronic Data and Automated Systems in Pharmacy Practice,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 124.308 and 155A.27.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 124.308 and 155A.27.Purpose and Summary These amendments are the result of an overall five-year review of Chapter 21 as required by Iowa Code section 17A.7(2). These amendments update processes relating to the submission and review of petitions for an exemption to the electronic prescription transmission mandate, as well as provide conforming language with other Board administrative rules.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 5836C. A public hearing was held on September 2, 2021, at 2:30 p.m. in the Health Professions Board Room, 400 S.W. 8th Street, Suite H, Des Moines, Iowa, as well as via Zoom. Three individuals attended the public hearing with no public comment provided. The Board received one written comment, which recommended the rules include that a pharmacist is not required to verify the exemption status of a practitioner or prescription. The Board also identified two clarifying edits that were needed. The Board agreed with the commenter’s suggestion and updated subrule 21.8(2) to reflect the suggestion. The Board also updated paragraph 21.9(2)“d” to clarify that an exemption for college or university student health centers would apply to noncontrolled substances only and paragraph 21.9(2)“e” to include an exemption for dental mouthwashes.Adoption of Rule Making This rule making was adopted by the Board on November 10, 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 657—Chapter 34.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on January 19, 2022. The following rule-making actions are adopted:
ITEM 1. Amend rule 657—21.6(124,155A) as follows:657—21.6(124,155A) Electronic prescription applications. Beginning January 1, 2020, eachEach prescription for a controlled substance shall be transmitted electronically to a pharmacy except as provided in rule 657—21.8(124,155A). Prior to January 1, 2020, a prescriber may, but shall not be required to, initiate and authorize a prescription drug order utilizing an electronic prescription application that has been determined to maintain security and confidentiality of patient information and records and, if prescribing controlled substances via an electronic prescribing system, certified compliant with DEA regulations for electronic prescribing of controlled substances. The prescription drug order shall contain all information required by Iowa Code sectionssection155A.27and 147.107(5). The receiving pharmacist shall be responsible for verifying the authenticity of an electronically prescribed prescription pursuant to rule 657—8.19(124,126,155A). A prescription that is electronically generated prior to January 1, 2020, or subject to exemption as provided in rule 657—21.8(124,155A), may be transmitted to a pharmacy via electronic or facsimile transmission or printed in hard-copy format for delivery to the pharmacy. A prescription that is transmitted by a prescriber’s agent via electronic or facsimile transmission shall include the first and last names and title of the agent responsible for the transmission. 21.6(1) Electronic transmission. Beginning January 1, 2020, aA prescription prepared pursuant to this rule shall be transmitted electronically to a pharmacy, unless exempt pursuant to rule 657—21.8(124,155A). A pharmacy shall be certified compliant with DEA regulations relating to electronic prescriptions prior to electronically receiving prescriptions for controlled substances. The electronic record shall serve as the original record and shall be maintained for two years from the date of last activity on the prescription. Any annotations shall be made and retained on the electronic record. a. An electronically prepared and transmitted prescription that is printed following transmission shall be clearly labeled as a copy, not valid for dispensing. b. The authenticity of a prescription transmitted via electronic transmission between a DEA-certified electronic prescription application and a DEA-certified electronic automated data processing system shall be deemed verified by virtue of the security processes included in those applications. c. A pharmacy shall ensure that no intermediary has the ability to change the content of the prescription drug order or compromise its confidentiality during the transmission process. The electronic format of the prescription drug order may be changed by the intermediary to facilitate the transmission between electronic applications as long as the content of the prescription drug order remains unchanged. d. In addition to the information requirements for a prescription, an electronically transmitted prescription shall identify the transmitter’s telephone number for verbal confirmation, the telephone number where the prescriber can be contacted for timely consultation about patient care matters, the time and date of transmission, and the pharmacy intended to receive the transmission as well as any other information required by federal or state laws, rules, or regulations. e. If the transmission of an electronic prescription fails, the prescriber may print the prescription, manually sign the printed prescription, and deliver the prescription to the pharmacy via facsimile transmission in accordance with subrule 21.6(2). 21.6(2) Printed (hard-copy) prescriptions. A prescription electronically generated prior to January 1, 2020, or a prescription that is exempt from the electronic prescription mandate as provided in rule 657—21.8(124,155A), may be printed in hard-copy format for facsimile transmission or delivery to the pharmacy. a. A prescription for a controlled substance shall include the prescriber’s manual signature. Printed or hard-copy prescriptions for Schedule II controlled substances shall not be transmitted to a pharmacy via facsimile transmission, except as authorized in rule 657—21.7(124,155A). b. If the prescriber authenticates a prescription for a noncontrolled prescription drug utilizing an electronic signature, the printed prescription shall be printed on security paper. Security features of the paper shall ensure that prescription information is not obscured or rendered illegible when transmitted via facsimile or when scanned into an electronic record system. c. If the facsimile transmission of a printed prescription is a result of a failed electronic transmission, the facsimile shall indicate that it was originally transmitted to the named pharmacy, the date and time of the original electronic transmission, and the fact that the original transmission failed. ITEM 2. Amend rule 657—21.7(124,155A) as follows:657—21.7(124,155A) Facsimile transmission of a prescription. A pharmacist may dispense noncontrolled and controlled drugs, including Schedule II controlled substances only as provided in this rule, pursuant to a prescription faxed to the pharmacy by the prescribing practitioner or the practitioner’s agent. The means of transmission via facsimile shall ensure that prescription information is not obscured or rendered illegible due to security features of the paper utilized by the prescriber to prepare a written prescription. The faxed prescription shall serve as the original record, except as provided in subrule 21.7(1), shall be maintained for a minimum of two years from the date of the last activity on the prescription, and shall contain all information required by Iowa Code sectionssection155A.27and 147.107(5), including the prescriber’s signature. If the prescription is transmitted by an agent of the prescriber, the facsimile transmission shall include the first and last names and title of the agent responsible for the transmission. The pharmacist shall be responsible for verifying the authenticity of the prescription as to the source of the facsimile transmission. 21.7(1) Schedule II controlled substances—emergency situations. A pharmacist may, in an emergency situation as defined in 657—subrule 10.26(1), dispense a Schedule II controlled substance pursuant to a facsimile transmission to the pharmacy of a written, signed prescription from the prescriber or the prescriber’s agent pursuant to the requirements of rule 657—10.26(124). The facsimile shall serve as the temporary written record required by 657—subrule 10.26(2). 21.7(2) Schedule II controlled substances—compounded injectable. A prescription for a Schedule II narcotic substance to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous, or intraspinal infusion may be transmitted by a prescriber or the prescriber’s agent to a pharmacy via facsimile. 21.7(3) Schedule II controlled substances—long-term care facility patients. A prescription for any Schedule II controlled substance for a resident of a long-term care facility, as “long-term care facility” is defined in rule 657—23.2(155A), may be transmitted by the prescriber or the prescriber’s agent to a pharmacy via facsimile. The prescription shall identify that the patient is a resident of a long-term care facility. 21.7(4) Schedule II controlled substances—hospice patients. A prescription for any Schedule II controlled substance for a patient in a hospice program licensed pursuant to Iowa Code chapter 135J or a program certified or paid for by Medicare under Title XVIII may be transmitted via facsimile by the prescriber or the prescriber’s agent to the pharmacy. The prescription shall identify that the patient is a hospice patient. ITEM 3. Amend rule 657—21.8(124,155A) as follows:657—21.8(124,155A) Electronic prescription mandate and exemptions. Beginning January 1, 2020, allAll prescriptions shall be transmitted electronically to a pharmacy except as provided in this rule. 21.8(1) Prescriptions exempt. Prescriptions which shall be exempt from electronic transmission include: a. A prescription for a patient residing in a nursing home, long-term care facility, correctional facility, or jail. b. A prescription authorized by a licensed veterinarian. c. A prescription for a device. d. A prescription dispensed by a department of veterans affairs pharmacy. e. A prescription requiring information that makes electronic transmission impractical, such as complicated or lengthy directions for use or attachments. f. A prescription for a compounded preparation containing two or more components. g. A prescription issued in response to a public health emergency in a situation where a non-patient-specific prescription would be permitted. h. A prescription issued for an opioid antagonist pursuant to Iowa Code section 135.190 or a prescription issued for epinephrine pursuant to Iowa Code section 135.185. i. A prescription issued during a temporary technical or electronic failure at the location of the prescriber or pharmacy, provided that a prescription issued pursuant to this paragraph shall indicate on the prescription that the prescriber or pharmacy is experiencing a temporary technical or electronic failure. j. A prescription issued pursuant to an established and valid collaborative practice agreement, standing order, or drug research protocol. k. A prescription issued in an emergency situation pursuant to federal law and regulation and rules of the board. An emergency situation may include, but is not limited to, the issuance of a prescription to meet the immediate care need of a patient after hours when a prescriber is unable to access electronic prescribing capabilities. Such prescription shall be limited to a quantity sufficient to meet the acute need of the patient with no authorized refills. 21.8(2) Prescriber, medical group, institution, or pharmacy exemption. A prescriber, medical group, institution, or pharmacy whichthat has been granted an exemption to the electronic prescription mandate pursuant to rule 657—21.9(124,155A) shall be exempt from the electronic prescription mandate only for the duration of the approved exemption, and the exemption shall not apply retroactively to prescriptions issued prior to approval. Upon expiration of an approved exemption, the prescriber, medical group, institution, or pharmacy shall either comply with the electronic prescription mandate or timely petition the board for renewal of the exemption pursuant to rule 657—21.9(124,155A).A prescriber, medical group, institution or pharmacy that has been granted an exemption to the electronic prescription mandate pursuant to rule 657—21.9(124,155A) shall identify the exemption on each prescription issued and transmitted by any nonelectronic means. A pharmacist shall not be required to verify that the prescription or prescriber is subject to an exemption. ITEM 4. Amend rule 657—21.9(124,155A) as follows:657—21.9(124,155A) Exemption from electronic prescription mandate—petition. A prescriber, medical group, institution, or pharmacy that is unable to comply with the electronic prescription mandate in rule 657—21.8(124,155A) prior to January 1, 2020, may petition the board, on forms provided by the board, for an exemption from the requirements based upon economic hardship; technical limitations that the prescriber, medical group, institution, or pharmacy cannot control; or other exceptional circumstances. A prescriber, medical group, institution, or pharmacy seeking an exemption beginning January 1, 2020, shall submit a completed petition no later than October 1, 2019. A timely petition for renewal of a previously approved exemption shall be submitted at least 60 days in advance of the expiration of the previously approved exemption. 21.9(1) Petition information. A petition for exemption from the electronic prescription mandate shall include, but not be limited to, all of the following: a. The name and address of the prescriber, medical group, institution, or pharmacy seeking the exemption. For medical groups and institutions, a list of the names, professional license numbers, and CSA registration numbers of all prescribers who would be covered by the exemptionshall be maintained by the petitioner for the duration of any approved exemption and shall not be required to be submitted with the petition. b. Whether the petitioner is seeking an exemption for controlled substance prescriptions, non-controlled substance prescriptions, or both. c. The petitioner’s current electronic prescribing capabilities. d. The reason, such as economic hardship, technological limitations, or other exceptional circumstances, the petitioner is seeking exemption, including any supporting documentation to justify the reason. e. Supporting documentation to justify the reason for the exemption, including the following mandatory documentation: (1) For economic hardship petitions, a copy of the petitioner’s most recent tax return showing annual income and at least two quotes documenting the cost of implementing electronic prescribing. (2) For technological limitation petitions, documentation showing the available Internet service providers, the speed and bandwidth available from each provider, and any data caps imposed by the Internet service provider, and documentation showing the minimum technological requirements from at least two electronic prescribing platform vendors. f. e. Anticipated date of compliance with the electronic prescription mandate. g. f. If the petition seeks renewal of a previously approved exemption, information relating to the petitioner’s actions during the previous exemption period to work toward compliance with the electronic prescription mandate or an explanation as to why no progress has been made. 21.9(2) Criteria for board consideration of a petition. The board shall consider all information provided in a petition seeking exemption to the electronic prescription mandate and shall approve or deny a petition for exemption based on the following criteria:whether there is a compelling reason to justify the exemption and the nature and volume of prescriptions impacted. Except for petitions citing the exceptional circumstances listed below, which will be administratively reviewed for approval, each petition will be reviewed on a case-by-case basis. a. If the reason for exemption is economic hardship, whether the cost of compliance with the electronic prescription mandate would exceed 5 percent of the petitioner’s annual income as reported on the petitioner’s most recent tax return. b. If the reason for exemption is technological limitations, whether the Internet service providers available have the technological capabilities required by the electronic prescribing platform. c. If the reason for exemption is other exceptional circumstances, examples of exceptional circumstances include, but are not limited to, whether the petitioner is a free or low-income clinic, whether the petitioner had a bankruptcy in the previous year, whether the petitioner intends to discontinue practice in Iowa prior to December 31, 2020, and whether the petitioner has a disability that limits the ability to utilize an electronic prescribing platform. All other exceptional circumstances will be evaluated on a case-by-case basis. d. If the petition seeks renewal of a previous exemption to the electronic prescription mandate, the number of exemptions previously granted and updated information as it relates to the petitioner working toward compliance with the electronic prescription mandate or the explanation as to why no progress has been made. a. A free or low-income clinic where health care is provided at no cost or at a reduced cost to the patient without reimbursement from a third-party payer that requests an exemption for noncontrolled substances only. b. A licensed prescriber who issues no more than 50 noncontrolled substance prescriptions per year who requests an exemption for noncontrolled substances only. c. The department of veterans affairs for prescriptions that are not filled at a veterans affairs pharmacy. d. A prescriber at a student health center based at a college or university for noncontrolled substances only. e. A dentist seeking an exemption for prescriptions limited to toothpastes and mouthwashes. f. A compounding pharmacy that dispenses no more than 50 prescriptions for commercially available prescription medications per year that requests an exemption for noncontrolled substances only. 21.9(3) Duration of approved exemption. The board may approve an exemption, or the renewal of an exemption, to the electronic prescription mandate for a specified period of time not to exceed one year from the date of approval. [Filed 11/17/21, effective 1/19/22][Published 12/15/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/15/21.ARC 6068CPublic Health Department[641]Adopted and FiledRule making related to Iowa get screened (IGS): colorectal cancer program
The Public Health Department hereby amends Chapter 10, “Iowa Get Screened: Colorectal Cancer Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 135.11.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 135.11.Purpose and Summary These amendments update screening eligibility requirements for the program to align with federal recommendations from the United States Preventive Services Task Force (USPSTF). These amendments will encourage access to services and align with a Centers for Disease Control and Prevention (CDC) cooperative agreement that is in year two of a five-year program. Additionally, language is removed in order to allow for diagnostic services for eligible Iowans who had an initial positive screening test performed outside the program.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 22, 2021, as ARC 5925C. The Department received one letter of general comments. However, the comments were not specific to the amendments proposed. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the State Board of Health on November 10, 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 January 19, 2022. The following rule-making actions are adopted:
ITEM 1. Amend rule 641—10.1(135) as follows:641—10.1(135) Purpose. The Iowa get screened (IGS): colorectal cancer program is administered by the department. The goal of the IGS program is to reduce the incidence, mortality and prevalence of colorectal cancer in Iowa by increasing the number of men and women who receive colorectal cancer screenings. Through the program,colorectal cancer screenings, including but not limited to fecal immunochemical tests (FITs) and colonoscopies, are provided to eligible Iowans. Along with providing screenings, the program also facilitates supportive services and referral for diagnosis and treatment to Iowans with abnormal screening results. Iowans who are eligible to enter the program must be 5045 to 75 years of age, be underinsured or uninsured, have incomes of up to 300 percent of the federal poverty level (FPL) and have an average or increased risk for developing colorectal cancer. ITEM 2. Adopt the following new definition of “Stool DNA (sDNA) test” in rule 641—10.2(135): "Stool DNA (sDNA) test" means a test that uses stool samples to detect abnormal DNA and small amounts of blood shed into the stool from colon cancer or colon polyps. ITEM 3. Amend paragraphs 10.3(2)"a" and 10.3(2)"b" as follows: a. The IGS program provides reimbursement for the following screening tests, procedures, preparations and tissue analyses when those services are provided by a participating health care provider who has a provider agreement with the IGS program. Payment is based on Medicare Part B participating provider rates (Title XIX). (1) Fecal immunochemical tests annually; (2) Colonoscopy every 10ten years from initial screen or as prescribed by a physician in accordance with USPSTF recommendations; (3) Biopsy/polypectomy during a colonoscopy; (4) Bowel preparation; (5) Moderate sedation for colonoscopy; (6) One office visit related to IGS program-covered colorectal cancer tests; (7) One office visit related to colorectal cancer follow-up diagnostic test results; (8) Total colon examination with either colonoscopy (preferred) or double contrast barium enema if medically prescribed by doctor; (9) Pathology services.; (10) CT colonography (or virtual colonoscopy) as recommended by provider; (11) Stool DNA (sDNA) test every three years; (12) Care or services for complications that result from screening or diagnostic tests provided by the IGS program at the discretion of the department and based on the availability of funds. b. The IGS program does not provide reimbursement for the following: (1) Screening tests requested at intervals sooner than recommended by the USPSTF; (2) CT colonography (or virtual colonoscopy) as a primary screening test; (3) (2) Computed tomography scans (CT or CAT scans) requested for staging or other purposes; (4) (3) Surgery or surgical staging; (5) (4) Any treatment related to the diagnosis of colorectal cancer; (6) Any care or services for complications that result from screening or diagnostic tests provided by the IGS program; (7) (5) Medical evaluation of symptoms that make individuals at high risk for CRC; (8) Diagnostic services for participants who had an initial positive screening test performed outside of the program; (9) (6) Management and testing (e.g., surveillance colonoscopies and medical therapy) for medical conditions, including inflammatory bowel disease, ulcerative colitis or Crohn’s disease; (10) (7) Genetic testing for participants who present with a history suggestive of a hereditary nonpolyposis colorectal cancer (HNPCC) or familial adenomatous polyposis (FAP);and (11) Use of propofol as anesthesia during endoscopy, unless specifically required and approved by the IGS program in cases where the participant cannot be sedated with standard moderate sedation; and (12) (8) Treatment for colorectal cancer. ITEM 4. Amend paragraph 10.3(3)"c" as follows: c. If the enrolled participant has an abnormal colorectal cancer screening test, the health care provider or local coordinator shall provide to the participant a comprehensive referral directing the participant to appropriate additional diagnostic or treatment services. When the results of a FIT screenscreening test are positive, the local coordinator shall work with the participant and enrolled health care provider to schedule a colonoscopy. ITEM 5. Renumber rules 641—10.5(135) to 641—10.9(135) as 641—10.4(135) to 641—10.8(135). ITEM 6. Amend renumbered subrule 10.4(1) as follows: 10.4(1) Age. Individuals 5045 through 75 years of age shall be the target population to receive colorectal cancer screening. ITEM 7. Amend renumbered subrule 10.4(6) as follows: 10.4(6) Ineligible. The IGS program does not provide coverage for: a. Individuals with Medicare Part B coverage. b. Individuals 4944 years of age and younger. c. Individuals 76 years of age and older. d. Individuals who do not have a primary care provider. e. Individuals at high risk for developing colorectal cancer. Individuals at high risk include: (1) A genetic diagnosis of familial adenomatous polyposis (FAP) or hereditary nonpolyposis colorectal cancer (HNPCC), (2) A clinical diagnosis or suspicion of FAP or HNPCC, or (3) A history of inflammatory bowel disease (ulcerative colitis or Crohn’s disease). f. Individuals experiencing the following gastrointestinal symptoms: (1) Rectal bleeding, bloody diarrhea, or very dark blood in the stool within the past six months; (2) Prolonged change in bowel habits; (3) Persistent/ongoing abdominal pain; (4) Recurring symptoms of bowel obstruction; or (5) Significant unintentional weight loss. ITEM 8. Amend renumbered paragraph 10.5(1)"b" as follows: b. Upon enrollment, the participant shall be eligible for services for 12 months beginning from the date of enrollment, subject to restrictions in funding and program coverage as provided in subrules 10.6(2)10.5(2), 10.6(3)10.5(3) and 10.7(1)10.6(1). ITEM 9. Amend relettered paragraph 10.5(3)"b" as follows: b. No longer meets the criteria set forth in rule 641—10.5(135)641—10.4(135); ITEM 10. Amend renumbered subrule 10.6(2) as follows: 10.6(2) In the event that the financial demand abates, the program director shall withdraw the financial shortfall certification, at which time the individual shall be eligible for program services in accordance with rule 641—10.5(135)641—10.4(135). [Filed 11/15/21, effective 1/19/22][Published 12/15/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/15/21.ARC 6070CPublic Health Department[641]Adopted and FiledRule making related to emergency medical services training program
The Public Health Department hereby amends Chapter 139, “Emergency Medical Services—Training Programs—Students—Complaints and Investigations,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code chapter 147A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 147A and 2021 Iowa Acts, Senate File 615.Purpose and Summary These amendments implement the provisions of 2021 Iowa Acts, Senate File 615, that allow a medical care ambulance service or nontransport service that has received authorization from the Department to conduct emergency medical care service training.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 22, 2021, as ARC 5928C. No public comments were 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 November 10, 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 January 19, 2022. The following rule-making actions are adopted:
ITEM 1. Amend rule 641—139.2(147A), definition of “EMS training program,” as follows: "EMS training program" "training program" means an Iowa college approved by the Higher Learning Commission,or an Iowa hospital authorized by the department, or a service program that has received authorization from the department to conduct emergency medical care training. ITEM 2. Amend paragraph 139.4(1)"a" as follows: a. Have a sponsoring institution that is accredited by the Higher Learning Commission or its equivalent, that is recognized by the United States Department of Education as an approved Iowa college, or that is an Iowa licensed hospital that is approved by the departmenthas received authorization from the department to conduct emergency medical care services training. [Filed 11/15/21, effective 1/19/22][Published 12/15/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/15/21.ARC 6096CRevenue Department[701]Adopted and FiledRule making related to classification of multiresidential property and dual property
The Revenue Department hereby amends Chapter 71, “Assessment Practices and Equalization,” and Chapter 80, “Property Tax Credits and Exemptions,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 421.14, 421.17(2)“c” and 427A.1(10).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 441.21 as amended by 2021 Iowa Acts, House File 418.Purpose and Summary This rule making implements 2021 Iowa Acts, House File 418, which eliminates the multiresidential property classification for property tax assessment purposes for assessment years beginning on or after January 1, 2022. The types of property previously classified as multiresidential will be classified as residential property beginning with valuations established on or after January 1, 2022. Additionally, this rule making addresses dual property classification and additional modifications to the rules related to the implementation of House File 418. Finally, this rule making corrects cross-references to the statute providing for the Department’s state appraisal manual to be used by assessors in assessing and valuing all classes of property in the state.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 20, 2021, as ARC 5985C. The Department received one comment. The Iowa State Association of Assessors submitted a question regarding the classification of Section 42 properties that are also housing cooperatives under Iowa Code chapter 499. Two references to 2021 Iowa Acts, House File 418, have been removed since the amendments in the legislation have been codified in the 2022 Iowa Code. Also, a comma was added to paragraph 71.1(4)“e” to more closely match the language in House File 418. No other changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on November 24, 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 January 19, 2022. The following rule-making actions are adopted:
ITEM 1. Amend subrule 71.1(1) as follows: 71.1(1) Responsibility of assessors. All real estate subject to assessment by city and county assessors shall be classified as provided in this rule. It shall be the responsibility of city and county assessors to determine the proper classification of real estate. There can be only one classification per property under this rule, except as provided for in paragraph 71.1(5)“b.”71.1(4)“d.” An assessor shall not assign one classification to the land and a different classification to the building or separate classifications to the land or separate classifications to the building. A building or structure on leased land is considered a separate property and may be classified differently than the land upon which it is located. The determination shall be based upon the best judgment of the assessor following the guidelines set forth in this rule and the status of the real estate as of January 1 of the year in which the assessment is made. The assessor shall classify property according to its present use and not according to its highest and best use. See subrule 71.1(9) for an exception to the general rule that property is to be classified according to its use. The classification shall be utilized on the abstract of assessment submitted to the department of revenue pursuant to Iowa Code section 441.45. See rule 701—71.8(428,441). ITEM 2. Amend subrule 71.1(4) as follows: 71.1(4) Residential real estate. a. Classification of residential real estate—in general.Residential real estate shall include all lands and buildings which are primarily used or intended for human habitation containing fewer than three dwelling units, as that term is defined in subparagraph 71.1(5)“a”(5), including those buildings located on agricultural land. Buildings used primarily or intended for human habitation shall include the dwelling as well as structures and improvements used primarily as a part of, or in conjunction with, the dwelling. This includes but is not limited to garages, whether attached or detached, tennis courts, swimming pools, guest cottages, and storage sheds for household goods. “Used in conjunction with” means that the structure or improvement is located on the same parcel, on contiguous parcels, or on a parcel directly across a street or alley as the building or structure containing the dwelling and when marketed for sale would be sold as a unit. Residential real estate located on agricultural land shall include only buildings as defined in this subrule. Buildings for human habitation that are used as commercial ventures, including but not limited to hotels, motels, rest homes, and structures containing three or more separate living quarters, shall not be considered residential real estate. However, regardless of the number of separate living quarters, multiple housing cooperatives organized under Iowa Code chapter 499A and land and buildings owned and operated by organizations that have received tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, if the rental income from the property is not taxed as unrelated business income under Iowa Code section 422.33(1A), shall be considered residential real estate. b. Horizontal property regimes.An apartment in a horizontal property regime (condominium) referred to in Iowa Code chapter 499B which is used or intended for use for human habitation shall be classified as residential real estate regardless of who occupies the apartment. Existing structures shall not be converted to a horizontal property regime unless building code requirements have been met. c. Classification of residential real estate on or after January 1, 2022.Beginning with valuations established on or after January 1, 2022, residential real estate shall also include: (1) Property primarily used or intended for human habitation containing two or fewer dwelling units. (2) Mobile home parks. (3) Manufactured home communities. (4) Land-leased communities. (5) Assisted living facilities. (6) A parcel primarily used or intended for human habitation containing three or more separate dwelling units. If a portion of such a parcel is used or intended for a purpose that, if the primary use would be classified as commercial property or industrial property, each such portion, including a proportionate share of the land included in the parcel, if applicable, shall be assigned the appropriate classification pursuant to Iowa Code section 441.21(14)“b” and paragraph 71.1(4)“d” below. (7) For a parcel that is primarily used or intended for use as commercial property or industrial property, that portion of the parcel that is used or intended for human habitation, regardless of the number of dwelling units contained on the parcel, including a proportionate share of the land included in the parcel, if applicable. The portion of such a parcel used or intended for use as commercial property or industrial property, including a proportionate share of the land included in the parcel, if applicable, shall be assigned the appropriate classification pursuant to Iowa Code section 441.21(14)“b” and paragraph 71.1(4)“d” below. d. Dual classification. (1) For assessment years beginning January 1, 2022, and after, valuations of parcels for which a portion of the parcel satisfies the requirements for classification as residential property under Iowa Code section 441.21(14)“a”(6) or 441.21(14)“a”(7) and subparagraph 71.1(4)“c”(6) or 71.1(4)“c”(7), the assessor shall assign to that portion of the parcel the classification of residential property and to such other portions of the parcel the property classification for which such other portions qualify. (2) The only permitted combinations of dual classifications are commercial and residential or industrial and residential. The assessor shall assign the classification of residential to that portion of the parcel that satisfies the requirements for the classification of residential property and to such other portions of the parcel the property classification for which such other portions qualify. The assessor shall maintain the valuation and assessment of property with a dual classification on one parcel record. e. Section 42 housing.Property that is rented or leased to low-income individuals and families as authorized by Section 42 of the Internal Revenue Code, and that has not been withdrawn from Section 42 assessment procedures under Iowa Code section 441.21(2), shall not be classified as residential property. f. Short-term leases.A hotel, motel, inn, or other building where rooms or dwelling units are usually rented for less than one month shall not be classified as residential property. g. Definitions.For purposes of this subrule, the following definitions apply: "Assisted living facility" means property for providing assisted living as defined in Iowa Code section 231C.2. “Assisted living facility” also includes a health care facility as defined in Iowa Code section 135C.1, an elder group home as defined in Iowa Code section 231B.1, a child foster care facility under Iowa Code chapter 237, or property used for a hospice program as defined in Iowa Code section 135J.1. "Dwelling unit" means an apartment, group of rooms, or single room which is occupied as separate living quarters or, if vacant, is intended for occupancy as separate living quarters, in which a tenant can live and sleep separately from any other persons in the building. "Land-leased community" means the same as defined in Iowa Code sections 335.30A and 414.28A. "Manufactured home community" means the same as a land-leased community. "Mobile home park" means the same as defined in Iowa Code section 435.1. ITEM 3. Rescind and reserve subrule 71.1(5). ITEM 4. Amend rule 701—71.3(421,428,441), introductory paragraph, as follows:701—71.3(421,428,441) Valuation of agricultural real estate. Agricultural real estate shall be assessed at its actual value as defined in Iowa Code section 441.21 by giving exclusive consideration to its productivity and net earning capacity. In determining the actual value of agricultural real estate, city and county assessors shall use the Iowa Real Property Appraisal Manual and any other guidelines issued by the department of revenue pursuant to Iowa Code section 421.17(18)421.17(17). ITEM 5. Amend rule 701—71.4(421,428,441) as follows:701—71.4(421,428,441) Valuation of residential real estate. Residential real estate shall be assessed at its actual value as defined in Iowa Code section 441.21.In determining the actual value of residential real estate, city and county assessors shall use the appraisal manual issued by the department of revenue pursuant to Iowa Code section 421.17(18)421.17(17) as well as a locally conducted assessment/sales ratio study, an analysis of sales of comparable properties, and any other relevant data available. This rule is intended to implement Iowa Code sections 421.17, 428.4 and 441.21. ITEM 6. Amend rule 701—71.5(421,428,441), introductory paragraph, as follows:701—71.5(421,428,441) Valuation of commercial real estate. Commercial real estate shall be assessed at its actual value as defined in Iowa Code section 441.21. In determining the actual value of commercial real estate, city and county assessors shall use the appraisal manual issued by the department of revenue pursuant to Iowa Code section 421.17(18)421.17(17) as well as a locally conducted assessment/sales ratio study, an analysis of sales of comparable properties, and any other relevant data available. In cases involving the valuation of owner-occupied commercial property, the data relating to the financial performance of the owner or the owner’s business, including but not limited to its sales, revenue, expenses, or profits, shall not be considered relevant in determining the property’s actual value. ITEM 7. Amend rule 701—71.6(421,428,441) as follows:701—71.6(421,428,441) Valuation of industrial land and buildings. Industrial real estate shall be assessed at its actual value as defined in Iowa Code section 441.21.In determining the actual value of industrial land and buildings, city and county assessors shall use the appraisal manual issued by the department of revenue pursuant to Iowa Code subsection 421.17(18)section 421.17(17), and any other relevant data available. This rule is intended to implement Iowa Code sections 421.17, 428.4 and 441.21. ITEM 8. Rescind and reserve subrule 71.12(3). ITEM 9. Rescind and reserve rule 701—71.23(421,428,441). ITEM 10. Amend rule 701—71.24(421,428,441) as follows:701—71.24(421,428,441) Valuation of dual classification property. Real estate with a dual classification of commercial/multiresidential or industrial/multiresidentialcommercial/residential or industrial/residential shall be assessed at its actual value as defined in Iowa Code section 441.21. 71.24(1) Allocation of dual classification values. The assessor shall value as a whole properties that have portions classified as multiresidentialresidential and portions classified as commercial or industrial using the methodology found in rule 701—71.23(421,428,441). After the assessor has assigned a value to the property, the value shall be allocated between the two classes of property based on the appropriate appraisal methodology. The assessor shall allocate land value proportionately by class. 71.24(2) Notice of valuation. The valuation notice issued pursuant to Iowa Code section 441.23 shall include a breakdown of the valuation by class for the current year and the prior year. 71.24(3) Protest of assessment. The valuation and assessment of property with a dual classification shall be considered one assessment, and any protest of assessment brought under Iowa Code section 441.37 or subsequent appeal must be made on the entire assessment. Protests of assessments on the valuation of only one class of property are not permitted. The board of review shall review the valuation in total as both classifications are subject to the board’s adjustment in any review proceeding. Likewise, any tribunal or court reviewing the board’s decision shall base its review on the entire assessment. This rule is intended to implement Iowa Code sections 421.17, 428.4 and 441.21 as amended by 2013 Iowa Acts, Senate File 295. ITEM 11. Amend subrule 80.30(8) as follows: 80.30(8) Property ineligible for credit. The following are not eligible to receive a business property tax credit or to be part of a property unit that receives the business property tax credit: a. Property that is rented or leased to low-income individuals and families as authorized by Section 42 of the Internal Revenue Code, as amended, and that is subject to assessment procedures relating to Section 42 property under Iowa Code section 441.21, subsection 2,441.21(2) for the applicable assessment year. b. Property classified as multiresidential under 701—subrule 71.1(5).that is a mobile home park, manufactured home community, land-leased community, or assisted living facility, as those terms are defined in Iowa Code section 441.21(13) or that is property primarily used or intended for human habitation containing three or more separate dwelling units. [Filed 11/29/21, effective 1/19/22][Published 12/15/21]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/15/21.