Proposing rule making related to the renewable fuel infrastructure program and providing an opportunity for public comment
The Agriculture and Land Stewardship Department hereby proposes to amend Chapter 13, “Renewable Fuel Infrastructure Board—Organization,” Chapter 14, “Renewable Fuel Infrastructure Program for Retail Motor Fuel Sites,” and Chapter 16, “Renewable Fuel Infrastructure Program Administration,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in 2022 Iowa Acts, House File 2128.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 159A and 2022 Iowa Acts, House File 2128.Purpose and Summary The proposed amendments make several changes to the Renewable Fuel Infrastructure Program to implement 2022 Iowa Acts, House File 2128. Specifically, the proposed rule making:
- Supplemental award for Underwriters Laboratories upgrade. The purpose of an award for Underwriters Laboratories (UL) is to upgrade to UL-certified dispensers, blender pumps and dispensing infrastructure, UL-approved conversion kits and approved and insurable installation projects. The maximum amount available as a supplemental financial incentive is 75 percent of the actual cost of making the improvements or $30,000, whichever is less. The dispenser can be listed by an independent certified testing laboratory or Underwriters Laboratories (UL) as compatible with ethanol blended gasoline classified as E-9 or higher.
- Supplemental award for additional tank and associated infrastructure. A person may request a supplemental financial incentive for tank and associated infrastructure, as an amendment to the subsequent cost-share agreement(s). The purpose of an award for an additional tank(s) and associated infrastructure is to accelerate the installation of an additional tank(s) and associated infrastructure at an additional retail motor fuel site after an initial grant award is provided. The maximum award amount available as a supplemental financial incentive is $6,000 per supplemental site. The person is limited to four supplemental financial incentive awards within the 12-month period following the completion of the initial retail motor fuel site project.
- Duration. The duration of the cost-share agreement shall be five years.
- Maximum award. The maximum award amount is 50 percent of the actual cost of making the improvements or $50,000, whichever is less.
- Duration. The duration of a cost-share agreement is five years.
- Maximum award amount. The maximum award amount is 50 percent of the actual cost of making the improvements or $100,000, whichever is less.
- Lifetime cap amount. The maximum or lifetime cap for B99/B100 biodiesel terminal grants is $800,000 per person.
- Permanent business closure due to bankruptcy.
- Permanent closure of underground or aboveground storage tanks.
- Three-year cost-share agreement: Months 1 through 11 of the cost-share agreement, 100 percent of grant amount. Months 12 through 36 of cost-share agreement, 4 percent of grant amount for each month remaining on the cost-share agreement.
- Five-year cost-share agreement: Months 1 through 10 of the cost-share agreement, 100 percent of grant amount. Months 11 through 60 of the cost-share agreement, 2 percent of grant amount for each month remaining on the cost-share agreement.
Proposing rule making related to choose Iowa promotional program and value-added agricultural grant program and providing an opportunity for public comment
The Agriculture and Land Stewardship Department hereby proposes to adopt new Chapter 52, “Marketing,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 159.29 as enacted by 2022 Iowa Acts, House File 2581, and 2022 Iowa Acts, House File 2560.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 159.29 as enacted by 2022 Iowa Acts, House File 2581, and 2022 Iowa Acts, House File 2560.Purpose and Summary This proposed rule making establishes rules for the Choose Iowa Promotional Program. The rules establish qualifications for various types of products grown and raised in Iowa, provide application procedures for participation in the program, establish fees and membership classifications, and set standards for use of the Choose Iowa logo and departmental procedure for enforcement of proper standards. This proposed rule making also establishes processes and procedures for the Value-Added Agriculture Grant Program. The rules provide for application and application review procedures and establish eligibility for applying, ineligible uses of grant funds, and scoring criteria used to evaluate applications.Fiscal Impact The Department will collect fee revenue from program participants. At this time, the Department does not have a good estimate on how much revenue this may generate. All fee revenue is deposited into the Choose Iowa Fund (Iowa Code section 159.31A as enacted by 2022 Iowa Acts, House File 2581, section 7) and will be used to further support the program. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on August 26, 2022. Comments should be directed to: Colin Tadlock Iowa Department of Agriculture and Land Stewardship Wallace State Office Building 502 East 9th Street Des Moines, Iowa 50319 Phone: 515.281.7609 Email: colin.tadlock@iowaagriculture.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: August 24, 2022 1 p.m. Second Floor Conference Room Wallace State Office Building Des Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Adopt the following new 21—Chapter 52: CHAPTER 52MARKETINGCHOOSE IOWA PROMOTIONAL PROGRAM21—52.1(159) Definitions. "Department" means the Iowa department of agriculture and land stewardship. "Food item" means any of the following: 1. A perishable item derived from an agricultural commodity, or processed from an agricultural commodity, that is fit for human consumption. 2. Honey produced from bees in a managed beehive. "Iowa farm" means land in this state used to produce an agricultural commodity. "Member" means a person who has applied for and been accepted to participate in the choose Iowa promotional program. "Process" means to prepare a food item in a manner that allows it to be fit for human consumption. "Processor" is a membership classification that means a person preparing a food item in a manner that allows it to be fit for human consumption. "Producer" is a membership classification that means a person growing, raising, or harvesting agricultural commodities in the state of Iowa. "Retailer" is a membership classification that means a person engaged in the business of selling agricultural products to consumers, including food service and restaurants. "Wholesaler" is a membership classification that means a person engaged in the business of selling agricultural products to retailers.21—52.2(159) Product qualification. 52.2(1) Authority of determination. The department has the sole authority in determining the eligibility of a product for participation in the program. 52.2(2) General product qualifications. Except as specified in this chapter, products must meet or exceed the following criteria: a. Fresh produce and commodities bearing the choose Iowa logo shall be 100 percent grown or raised in Iowa. b. Meat and meat products bearing the choose Iowa logo shall be derived from animals born, raised, and finished in Iowa. Slaughter and processing must take place in a state- or federally inspected plant within the state of Iowa. c. Dairy products bearing the choose Iowa logo shall be derived from animals in Iowa. Processing must take place in a state-inspected plant within the state of Iowa. d. Eggs bearing the choose Iowa logo shall be derived from animals in Iowa. e. Apicultural products produced by honey bees, including honey, wax, pollen, and propolis, bearing the choose Iowa logo shall be 100 percent of Iowa origin. Processed honey shall be 80 percent of Iowa origin. f. Beer bearing the choose Iowa logo shall be brewed in Iowa and contain at least one Iowa agricultural product, such as Iowa malt, hops, or soluble remnant, excluding water. g. Wine bearing the choose Iowa logo shall contain a minimum of 95 percent Iowa grapes. h. Spirits bearing the choose Iowa logo shall be distilled in Iowa and contain at least one Iowa agricultural product, excluding water. 52.2(3) Exceptions. The department has the authority to establish product qualification requirements specific to individual products and commodities by written order.21—52.3(159) Application for membership. 52.3(1) Application requirement. Persons interested in becoming a member in the choose Iowa promotional program shall do so by making application to the department. New applications may be submitted at any time throughout the year. 52.3(2) Application review and compliance verification. The department, upon receipt of an application, will verify the applicant’s compliance with this chapter and approve or deny the application. The department will notify the applicant in writing of the approval or denial. 52.3(3) Duration of membership. Membership is on an annual basis, coinciding with the calendar year beginning January 1 and ending December 31. 52.3(4) Membership revocation and termination. Program membership may be revoked if the member company: a. No longer meets the qualifications for membership; b. Violates any applicable statute or rule; c. Violates any agreement between the department and the member company; d. Acts in a manner that may damage the reputation of the program.21—52.4(159) Fees. 52.4(1) Membership fees. Membership fees will be listed in the membership application and will be charged at the following rates:Producer$100Processor$100Wholesaler/distributor$100Retailer$100Supporting organization$100 52.4(2) New member fees. New member agreements issued during the program year will be assessed at 100 percent of the annual fee regardless of when an application for membership is submitted.21—52.5(159) Approval for use of logo. Members who wish to use the choose Iowa logo on packaging, labels, flyers, promotional materials, or any other materials that will be viewed by the public must submit a proof of text and design to the department for approval. Requests for approval must be submitted to the department not less than five working days prior to the proposed date of use. Written approval from the department for logo use must be issued prior to use of the logo.21—52.6(159) Self-certification. All members shall self-certify that all products marked with the choose Iowa logo meet the qualification criteria as set forth in this chapter. Self-certification is subject to verification through the application and compliance processes.21—52.7(159) Compliance. 52.7(1) Authority of department. The department may enter upon the premises of any member to examine any records or materials necessary to ensure compliance with these rules. 52.7(2) Random compliance inspection. The department may annually perform random compliance inspections. 52.7(3) Samples. Upon request of the department, a member shall provide samples of the labels, packaging, merchandising, and promotional materials featuring the choose Iowa logo.21—52.8(159) Violations. Any person found in violation of these rules is subject to termination of membership privileges.21—52.9() Reserved.21—52.10() Reserved.21—52.11() Reserved.21—52.12() Reserved.21—52.13() Reserved.21—52.14() Reserved.21—52.15() Reserved.21—52.16() Reserved.21—52.17() Reserved.21—52.18() Reserved.21—52.19() Reserved. This division is intended to implement Iowa Code section 159.29 as amended by 2022 Iowa Acts, House File 2581.VALUE-ADDED AGRICULTURE GRANT PROGRAM21—52.20(159) Definitions. For purposes of this division: "Agreement" means a contract for financial assistance under the program describing the terms on which the financial assistance is to be provided. "Applicant" means a person applying for assistance under the program. This includes but is not limited to an individual, business, agricultural cooperative, nonprofit organization, or local government. "Department" means the Iowa department of agriculture and land stewardship. "Grant" means an award of assistance with the expectation that, with the fulfillment of the conditions, terms and obligations of the agreement with the department for the project, repayment of funds is not required. "Program" means the value-added agriculture grant program established under this chapter. "Project" means an activity or activities undertaken by the applicant to be carried out to meet the goals of the program.21—52.21(159) Eligibility. 52.21(1) Eligible applicants. To be eligible for a grant under the program, an applicant shall meet all of the following requirements: a. Be an individual, business, agricultural cooperative, nonprofit organization, or local government. b. Be in good standing with the state of Iowa. c. Currently reside or conduct business in Iowa. 52.21(2) Eligible projects. To be eligible for a grant under the program, a project shall: a. Increase sales of Iowa agricultural products by increasing production capacity or expanding market access for value-added projects. b. Not be in progress until a grant is awarded. c. Be completed in 18 months or less. d. Be conducted in Iowa. 52.21(3) Ineligible expenses. The following items are not eligible expenses under the program: a. Equipment and infrastructure for meat processing; b. Infrastructure for renewable fuels; c. Expenses incurred prior to the awarding of a grant; d. Start-up costs including but not limited to inventory, license fees, or working capital; e. Advertising, public relations, or entertainment costs; f. Employee benefits and wages; g. Paying off existing debt, related collection costs, or legal costs; h. Paying off existing fines, penalties, or settlements from failure to comply with any applicable law or regulations. 52.21(4) Grant amount and terms. a. The maximum amount of financial assistance awarded to an eligible applicant under the program shall not exceed $25,000. b. An applicant must demonstrate the ability to provide matching support for the project on a one-to-one basis. The matching financial support shall be from private sources.21—52.22(159) Application and review process. 52.22(1) The department will establish a uniform application process and make information about applying available on its website. 52.22(2) Applications will only be accepted during the times established by the department. Late submissions will not be accepted. 52.22(3) A scoring committee established by the department will review and evaluate applications based on the scoring criteria described in rule 21—52.23(159). 52.22(4) The department, after considering the recommendations made by the scoring committee, will determine which applications to fund and how much should be awarded to each applicant. The department has final decision-making authority on requests for financial assistance for the program.21—52.23(159) Scoring criteria. 52.23(1) Application scoring. A scoring committee will be established by the department to evaluate applications on a scale of 0 to 100. Projects receiving a score below 70 will not be considered. 52.23(2) Scoring criteria. The department will use the following criteria to evaluate each application: a. The extent to which the project addresses the goals of the program to increase the sale of Iowa agricultural products, increase market access, diversify markets, or increase processing capacity: 25 points. b. The extent to which the project benefits Iowa including the potential to impact many farmers, both short-term and long-term impacts, and the possibility of creating jobs and investments: 20 points. c. The ability of the applicant to demonstrate sound business management, financial aptitude, and stability: 15 points. d. The sufficiency of the project’s budget and financing structure: 15 points. e. The sufficiency of the project’s proposed work plan and timeline including a detailed description of the steps the applicant will take to complete the project as well as estimated dates: 15 points. f. The extent to which measurable objectives can be determined that demonstrate the proposed project’s benefit to the agriculture community: 10 points.21—52.24(159) Disbursement of funds. The department will disburse funds for a project only after an agreement has been executed between the applicant and the department and all applicable conditions for disbursement have been met, including the submission of documentation pertaining to the eligible expenditures. Disbursement of funds under the agreement will be on a reimbursement basis for expenses incurred by the applicant. This division is intended to implement 2022 Iowa Acts, House File 2560. ARC 6419CHuman Services Department[441]Notice of Intended ActionProposing rule making related to service documentation and providing an opportunity for public comment
The Human Services Department hereby proposes to amend Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 249A.4.Purpose and Summary The Department is proposing to amend the documentation requirements for narrative service documentation for each service encounter and each shift for 24-hour services. This proposed rule making removes this administrative burden related to delivering services. These amendments will clarify that Medicaid providers must include all records and documentation to substantiate the services provided to the member and all information necessary to allow accurate adjudication of the claim. In addition, documentation requirements must meet the professional standards pertaining to the service provided. This rule making will positively impact direct service providers by removing the requirement for narrative service documentation for each service encounter or shift and replacing it with the requirement to provide a narrative only when any incident or illness or unusual or atypical event occurs during the service encounter. This rule making will provide immediate relief to providers struggling to recruit and retain direct care staff. Providers have requested the amendments in response to the direct care workforce crisis.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 August 16, 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 actions are proposed:
ITEM 1. Amend subparagraph 79.3(2)"c" as follows: (3) Service documentation. The record for each service provided shall include information necessary to substantiate that the service was provided. Service documentation shall include narrative documentation and may also include documentation in checkbox format.Unless otherwise indicated below, the provider may document the services in any format so long as the documentation adequately substantiates the medical necessity and that the services were rendered. The service record shall include the following:- The specific procedures or treatments performed.
- The complete date of the service, including the beginning and ending date if the service is rendered over more than one day.
- The complete time of the service, including the beginning and ending time if the service is billed on a time-related basis. For those non-time-related services billed using Current Procedural Terminology (CPT) codes, the total time of the service shall be recorded, rather than the beginning and ending time.
- The location where the service was provided if otherwise required on the billing form or in 441—paragraph 77.30(5)“c” or “d,”441—paragraph 77.33(6)“d,”441—paragraph 77.34(5)“d,”441—paragraph 77.37(15)“d,”441—paragraph 77.39(13)“e,”441—paragraph 77.39(14)“d,” or 441—paragraph 77.46(5)“i,” or 441—subparagraph 78.9(10)“a”(1).
- Medication administration record (MAR).The name, dosage, and route of administration of any medication dispensed or administered as part of the service.
- Mileage log. The name, date, purpose of the trip, and total miles for transportation provided as part of the service.
- Narrative description of any incidents or illnesses or unusual or atypical occurrences that occur during service provision.
- 6Any supplies dispensed as part of the service.
- 7The first and last name and professional credentials, if any, of the person providing the service.
- 8The signature of the person providing the service, or the initials of the person providing the service if a signature log indicates the person’s identity.
- 9For 24-hour care, documentation for every shift of the services provided, the member’s response to the services provided, and the person who provided the services.
Proposing rule making related to child care assistance eligibility and providing an opportunity for public comment
The Human Services Department hereby proposes to amend Chapter 170, “Child Care Services,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 234.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 237A.13 as amended by 2022 Iowa Acts, House File 2252.Purpose and Summary These proposed amendments implement changes based on 2022 Iowa Acts, House File 2252, which removes language from Iowa Code section 237A.13 that previously required a medical incapacity to be temporary in order for a parent to be eligible for child care assistance (CCA). Removal of this requirement will allow a family with one permanently disabled parent to be CCA-eligible based upon the needs of the parent who is not disabled.Fiscal Impact A fiscal impact of greater than $100,000, but less than $500,000, is expected over the next five years as a result of this rule making. This rule making is expected to increase overall demand for child care services as eligibility requirements are revised for CCA for disabled parents. The additional costs will be absorbed in the CCA budget with the balance of the federal Child Care Development Fund.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 August 16, 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.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 paragraph 170.2(2)"b", introductory paragraph, as follows: b. Need for service.Except for assistance provided under subparagraph 170.2(2)“b”(3), assistance shall be provided to a two-parent family only during the parents’ coinciding hours of participation in training, employment, or job searchunless one parent is permanently disabled as described in subparagraph 170.2(2)“b”(4). Each parent in the household shall meet one or more of the following requirements: ITEM 2. Amend subparagraph 170.2(2)"b" as follows: (4) The parent is absent from the home due to inpatient hospitalization or outpatient treatment because of physical or mental illness, or is present but due to medical incapacity is unable to care for the child or participate in work or training, as verified by a physician.- Eligibility under this paragraph is limited to parents who becometemporarily medically incapacitated, or to instances of one parent in a two-parent household being permanently disabled, while eligible for child care assistance based on the need criteria in subparagraph 170.2(2)“b”(1) or 170.2(2)“b”(2).
- Child care assistance shall continue to be available for up to 90 consecutive days after the parent becomes medically incapacitated. Assistance beyond 90 days may be approved by the service area manager or designee if extenuating circumstances are verified by a physician.
- The number of units of service authorized shall be determined as follows:
Proposing rule making related to suspension and reinstatement of state funds and providing an opportunity for public comment
The Management Department hereby proposes to adopt new Chapter 16, “Suspension and Reinstatement of State Funds,” 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, Iowa Code sections 27B.5 and 27B.6.Purpose and Summary This proposed rule making will establish procedures and guidelines to deny state funds to a local entity intentionally violating the provisions of Iowa Code chapter 27B and to reinstate eligibility to receive state funds when a local entity comes into compliance with Iowa Code chapter 27B. This rule making will establish the process by which the Department receives a final judicial determination that the local entity is out of compliance with Iowa Code chapter 27B and is ineligible to receive state funds and funds are denied. This rule making will also establish the process by which the Department receives the declaratory judgment that the local entity is in full compliance with Iowa Code chapter 27B and is eligible to receive state funds and state funds are reinstated.Fiscal Impact At this time, it is not possible to estimate the total fiscal impact of Iowa Code sections 27B.5 and 27B.6, and this rule making has no fiscal impact to the State beyond that of the Iowa Code sections it is intended to implement.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 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 August 16, 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. Adopt the following new 541—Chapter 16: CHAPTER 16SUSPENSION AND REINSTATEMENT OF STATE FUNDS541—16.1(27B) Denial of state funds. 16.1(1) Definitions. For purposes of this chapter: "City" means a municipal corporation but does not include a county, township, school district, or any special-purpose district or authority. "County" means an administrative subdivision in the state governed by a locally elected board of supervisors and may be comprised of subdivisions, including cities, townships, school districts, or any special-purpose district or authority. "Declaratory judgment" means a judgment issued by a district court declaring a local entity is in full compliance with Iowa Code chapter 27B. "Department" means the Iowa department of management, pursuant to Iowa Code chapter 8. "Final judicial determination" means a district court ruling on a civil action brought by the state attorney general’s office finding a local entity to have violated the provisions of Iowa Code chapter 27B. "Fiscal year" means the time period beginning on July 1 and ending the following June 30, as defined in Iowa Code section 8.36. "Governing body" means the mayor and city council of a city or the board of supervisors of a county. "Local entity" means the governing body of a city or county and includes an officer or employee of a local entity or a division, department, or other body that is part of a local entity, including but not limited to a sheriff, police department, city attorney, or county attorney. “Local entity” includes local city and county boards and commissions in which membership on the board or commission is the result of an appointment by the city council or the county board of supervisors. “Local entity” does not include local city and county boards and commissions whose membership is determined by election or is specifically set forth by the Iowa Code. “Local entity” does not include multijurisdictional boards and commissions in which a city or county is one of multiple local government members. "State agency" means any board, commission, department or other administrative office or unit of the executive branch of the state as defined by Iowa Code section 7E.4. "State funds" means those funds held by the state that originate from revenues, fees or receipts collected by the state and distributed to local entities. Funds held by the state that are not defined as state funds include:- Federal funds (unless provided to the state and awarded as a grant by the state).
- Funds paid out per gubernatorial or presidential emergency proclamation.
- Any revenue collected and administered by the state on behalf of a local entity due to a locally imposed tax, fee or fine.
- Any state funds for the provision of wearable body protective gear used for law enforcement purposes.
- Payment for public protection, utilities, or goods and services.
- Payment of settlements.
- Setoffs as described by Iowa Code section 8A.504.
Proposing 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 amendment temporarily places one substance (a new U.S. Food and Drug Administration (FDA)-approved medication to treat seizures) into Schedule V of the Iowa Controlled Substances Act in response to similar 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 August 16, 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.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Rescind subrule 10.39(5) and adopt the following new subrule in lieu thereof: 10.39(5) Amend Iowa Code section 124.212(5) by adding the following new paragraph: g. Ganaxolone (3alpha-hydroxy-3beta-methyl-5alpha-pregnan-20-one).ARC 6424CPharmacy Board[657]Notice of Intended ActionProposing rule making related to five-year review of rules and providing an opportunity for public comment
The Board of Pharmacy hereby proposes to amend Chapter 12, “Precursor Substances,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 124B.11(3).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 124B.11.Purpose and Summary The proposed amendment is a result of an overall five-year review of rules as required by Iowa Code section 17A.7(2) and provides updated application processes and corrects a cross-reference.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 August 16, 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. Amend rule 657—12.7(124B) as follows:657—12.7(124B) Permits. Persons or entities in this state that purchase, transfer, or otherwise receive a precursor substance as defined in rule 657—12.1(124B) from a source outside the state shall obtain a permit from the board. No person or entity required to obtain a permit shall receive a precursor substance from a source outside the state until an application for permit is approved and the board has issued a permit certificate. Permits shall expire on the last day of the calendar year in which the permit is issued. 12.7(1) Applications. Application forms may be obtained from and completed applications shall be submitted to the Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688. Permit renewal forms will be mailed to each current permit holder approximately 60 days before the expiration date of the permit. A permit holder who has not received a renewal form 45 days prior to expiration of a current permit is responsible for contacting the board to request an application for renewal.An applicant shall submit a completed application and nonrefundable fee pursuant to subrule 12.7(2). a. Application shall be made on forms provided or approved by the board. Each application shall include all requested information, unless the item is not applicable, in which case that fact shall be indicated. b. Each application, attachment, or other document filed as part of an application shall be signed by the applicant as follows: (1) If the applicant is an individual, signature shall be by that individual. (2) If the applicant is a partnership, signature shall be by a partner. (3) If the applicant is a corporation, corporate division, association, trust, or other entity, signature shall be by the chief executive officer. 12.7(2) Initial permit, renewal, and fees. The fee for an initial permit or permit renewal shall be paid at the time that the application for the permit or permit renewal is submitted for filing. Payment shall be made in the form of a personal, business, certified, or cashier’s check or money order made payable to the Iowa Board of Pharmacywhen submitted with a written application or by acceptable debit or credit card when submitted with an online application. Payments made in the form of foreign currency or third-party endorsed checks will not be accepted. a. Initial and renewal fees.For each initial permit or timely renewed permit, an applicant shall pay a fee of $180. b. Late application.Failure to renew a permit prior to January 1 following the permit’s expiration shall require payment of the renewal fee plus a $180 late payment fee. c. Delinquent permit.If a permit is not renewed before its expiration date, the permit is delinquent and the permit holder may not receive a precursor substance from a source outside the state until the delinquent permit is renewed. A delinquent-permit holder that continues activities for which a permit is required may be subject to disciplinary sanctions pursuant to 657—subrule 36.1(4)rule 657—36.6(147,155A,272C). 12.7(3) Exemption from permit fee. The requirement for permit fee is waived for federal, state, and local law enforcement agencies and analytical laboratories. Exemption from payment of permit fees as provided in this subrule does not relieve the agency or laboratory of any requirement to obtain a permit nor of any other requirements or duties prescribed by law. 12.7(4) Exemption from permit. A permit is not required for a vendor of a drug containing ephedrine, phenylpropanolamine, or pseudoephedrine or of a cosmetic that contains a precursor substance if the drug or cosmetic is lawfully sold, transferred, or furnished either over the counter without a prescription pursuant to Iowa Code chapter 126 or with a prescription pursuant to Iowa Code chapter 155A. 12.7(5) Termination. A permit issued to an individual shall terminate upon the death of the individual. A permit issued to an individual or business shall terminate when the individual or business ceases legal existence, discontinues business, or discontinues activities for which the permit was issued.ARC 6423CPharmacy Board[657]Notice of Intended ActionProposing rule making related to records and providing an opportunity for public comment
The Board of Pharmacy hereby proposes to amend Chapter 14, “Public Information and Inspection of Records,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 17A.7(2) and 22.3.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 22.3.Purpose and Summary The proposed amendments are the result of an overall five-year review as required in Iowa Code section 17A.7(2). The amendments update the manner in which records are maintained by the Board and correct Iowa Code references.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 August 16, 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.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend rule 657—14.1(22,124,155A), definitions of “Board” and “Custodian,” as follows: "Board" means the Iowa board of pharmacy examiners. "Custodian" means the executive secretary/director of the board. ITEM 2. Amend rule 657—14.3(22,124,155A) as follows:657—14.3(22,124,155A) Requests for access to records. 14.3(1) Location of record. A request for access to a record should be directed to Executive Secretary/Director, Iowa Board of Pharmacy Examiners, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688. 14.3(2) Office hours. Open records shall be made available during all customary office hours, which are 8 a.m. to 4:30 p.m. daily, excluding Saturdays, Sundays, and official state holidays. 14.3(3) Request for access. Requests for access to open records shall be made in writing. Requests shall identify the particular records sought, by name or description, in order to facilitate determining the location of the record. All requests shall include the name, address, and telephone number of the person requesting the information. 14.3(4) Response to requests. a. Access to an open record shall be provided in a timely manner upon request. If the size or nature of the request for access to an open record requires time for processing, the custodian shall comply with the request as soon as feasible. Access to an open record may be delayed for one of the purposes authorized by Iowa Code section 22.8(4) or 22.10(4). The custodian shall promptly give notice to the requester of the reason for any delay in access to an open record and an estimate of the length of that delay and, upon request, shall promptly provide that notice to the requester in writing. b. The custodian of a record may deny access to the record by members of the public only on the grounds that such a denial is warranted under Iowa Code section 22.8(4) or 22.10(4), or that it is a confidential record, or that its disclosure is prohibited by a court order. Access by members of the public to a confidential record is limited by law and, therefore, may generally be provided only in accordance with the provisions of rule 657—14.4(22,124,155A) and other applicable provisions of law. 14.3(5) Security of record. No unauthorized person may search or remove any record from board files. The custodian or a designee of the custodian shall supervise examination and copying of board records. The integrity of board records shall not be compromised during such examination or handling. 14.3(6) Copying. A reasonable number of copies of an open record may be made in the board office. 14.3(7) Fees. a. Copying and postage costs.Price schedules for published materials and for photocopiescopies of records supplied by the board shall be prominently posted in the board officeprovided on the board’s website. Copies of records may be made by or for members of the public on board photocopy machines or from electronic storage systems at cost as determined by the custodian and posted inon the board officeboard’s website. When the mailing of copies of records is requested, the costs of such mailing may also be charged to the requester. b. Supervisory and retrieval fees.An hourly fee may be charged for board expenses in supervising the examination of and for the copying of requested records, or for the search and retrieval of such records, when the time required exceeds 15 minutes. The custodian shall prominently post in the board officeprovide on the board’s website the hourly fees to be assessed. Hourly fees shall not be in excess of the compensation rate of a board employee who ordinarily would be appropriate and suitable to perform the function. c. Advance payments.The custodian may require payment of assessed or estimated fees before the custodian processes a request. ITEM 3. Amend rule 657—14.6(22,124,155A) as follows:657—14.6(22,124,155A) Procedure by which additions, dissents, or objections may be entered into certain records. Except as otherwise provided by law, a person may file a request with the custodian to review, and to have a written statement of additions, dissents, or objections entered into, a record containing personally identifiable information pertaining to that person. This does not authorize a person who is a subject of such a record to alter the original copy of that record or to expand the official record of any board proceeding. A requester shall send the request to review such a record or the written statement of additions, dissents, or objections to Executive Secretary/Director, Iowa Board of Pharmacy Examiners, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688. A request to review such a record or the written statement of additions, dissents, or objections to the record shall be dated and signed by the requester and shall include the current address and telephone number of the requester or the requester’s representative. ITEM 4. Amend subrule 14.13(2) as follows: 14.13(2) Confidential records. The following records may be withheld from public inspection. Records are listed by category, according to the legal basis for withholding them from public inspection. a. Tax records made available to the board (Iowa Code sections 422.20 and 422.72); b. All information in complaint and investigation files maintained by the board for purposes of licensee discipline, except that the information may be released to the licensee once a licensee disciplinary proceeding has been initiated by the filing of formal charges and a notice of hearing (Iowa Code section 272C.6(4)); c. Records of controlled substances disposed of or destroyed (Iowa Code section 124.506); d. Criminal history or prior misconduct of an applicant for licensure (Iowa Code section 147.21(1))155A.40(3)); e. Information relating to the contents of an examination for licensure (Iowa Code section 147.21(2)); f. Information relating to the results of an examination for licensure, other than final score, except that information about the results of an examination may be provided to the person who took the examination (Iowa Code section 147.21(3))147.21(2)); g. Information contained in investigative reports relating to the abuse of controlled substances (Iowa Code section 124.504); h. Minutes of closed meetings of the board (Iowa Code section 21.5(4))21.5(5)“b”); i. Records of closed-session board disciplinary hearings (Iowa Code sections 272C.6(1) and 21.5(4))21.5(5)“b”); j. Information or records received from a restricted source and any other information or records made confidential by law; k. Identifying details in final orders, decisions, and opinions to the extent required to prevent a clearly unwarranted invasion of personal privacy or trade secrets under Iowa Code section 17A.3(1)“d”17A.3(1)“e”; l. Those portions of board staff manuals, instructions, or other statements issued by the board that set forth criteria or guidelines to be used by board staff in conducting audits, making inspections, negotiating settlements, or selecting or handling cases. This includes operational tactics or allowable tolerances or criteria for the defense, prosecution, or settlement of cases, when disclosure of these statements would: (1) Enable law violators to avoid detection; (2) Facilitate disregard of requirements imposed by law; or (3) Give a clearly improper advantage to persons who are in an adverse position to the board (Iowa Code sections 17A.2 and 17A.3); m. Personal information in personnel files including, but not limited to, evaluations, discipline, social security number, home address, gender, birth date, and medical and psychological evaluations; n. Any other records made confidential by law. ITEM 5. Amend rule 657—14.14(22,124,155A) as follows:657—14.14(22,124,155A) Personally identifiable information. This rule describes the nature and extent of personally identifiable information which is collected, maintained, and retrieved by the board by personal identifier in record systems as defined in rule 657—14.1(22,124,155A). For each record system, this rule describes the legal authority for the collection of that information and the means of storage of that information. Indication that information in a record system is stored in or on more than one media format should not be interpreted to mean that all information is stored in all such formats. Some information comprising a record may be maintained in or on one type of media while other related information is maintained in or on another. The description also indicates whether the record system contains any confidential information, and includes the legal authority for confidentiality. The record systems maintained by the board are: 14.14(1) Records of board disciplinary hearings. These records contain information about licensees, permit holders, and registrants who are the subject of a board disciplinary proceeding or other action. This information is collected by the board pursuant to the authority granted in Iowa Code chapters 17A, 124, 155A, and 272C and is stored electronically, in computer, and on paper. The information contained in “closed session” board hearing records is confidential in whole or in part pursuant to Iowa Code sections 21.5(4)21.5(5) and 272C.6(1). 14.14(2) Complaint reports. Complaint and investigative files maintained by the board for purposes of licensee discipline contain information about licensees, permit holders, registrants, and the persons that they serve. This information is collected by the board pursuant to the authority granted in Iowa Code chapters 124 and 155A and is stored electronically, in computer, and on paper. The information contained in these records is confidential in whole or in part pursuant to Iowa Code sections 22.7(18)22.7(5) and 272C.6(4). 14.14(3) Continuing pharmaceuticalpharmacy education records. These records contain educational information about pharmacists licensed by the board. This information is collected pursuant to the authority granted in Iowa Code chapter 272C and is storedelectronically, in computer, and on paper only. 14.14(4) Controlled drug samples records. These records contain information about controlled substance registrants who receive samples of controlled drugs from drug manufacturers. The records include the name, strength, and quantity of controlled drugs received by the registrant, and the identity of the manufacturer or distributor. This information is collected by the board pursuant to the authority granted in Iowa Code chapter 124 and is storedelectronically, in computer, and on paper. 14.14(5) Controlled substance registration records. These records contain information about pharmacies; individual practitioners including doctors of medicine and surgery, osteopathic medicine and surgery, dentistry, veterinary medicine, podiatry, and optometry; physician assistants; advanced registered nurse practitioners; drug manufacturers, distributors, importers, and exporters; researchers; hospitals and clinics; other health care facilities such as long-term care and nursing care facilities; analytical laboratories; and teaching institutionsregistrants of the board. This information is collected by the board pursuant to the authority granted in Iowa Code chapter 124 and is storedelectronically, in computer, and on paper and in computer. 14.14(6) Controlled drug destruction reports. These records contain information about the disposal or destruction of controlled substances in the possession of registrants. The records include the name, strength, quantity, and form of all controlled substances disposed of or destroyed, and the identity of the registrant. This information is collected by the board pursuant to the authority granted in Iowa Code chapter 124 and is stored in computer and on paper. The information contained in these records is confidential pursuant to Iowa Code section 124.506. 14.14(7) Examination records. These records contain information about applicants for any of the following examinations: National Association of Boards of Pharmacy Licensure Examination, North American Pharmacist Licensure Examination, Multistate Pharmacy Jurisprudence Examination, Federal Drug Law Examination, and Iowa Drug Law Examinationpharmacy competency or jurisprudence examination. These records may also contain information about applicants licensed or pursuing licensure by reciprocity, score transfer, or other means. This information is collected by the board pursuant to the authority granted in Iowa Code chapters 147 and 155A and is stored on paper, electronically, and in computer. The information contained in these records is confidential in part pursuant to Iowa Code sections 147.21, 22.7(1), and 22.7(19). 14.14(8) Pharmacist-intern records. These records contain information about pharmacist-interns and their preceptors. This information is collected by the board pursuant to the authority granted in Iowa Code section 155A.6 and is stored on paper, electronically, and in computer. The information contained in these records may be confidential in part pursuant to Iowa Code section 22.7(1). 14.14(9) Investigative reports. These records contain information about the subjects of board investigations and the activities of board investigators. The records include a variety of attachments such as interviews, drug audits, medical records, pharmacy records, exhibits, police reports, incident reports, and investigators’ observations. This information is collected by the board pursuant to the authority granted in Iowa Code chapters 124, 126, 147, and 155A and is stored electronically, in computer, and on paper. The information contained in these records is confidential pursuant to Iowa Code sections 22.7(2), 22.7(5), 22.7(6), 22.7(9), and 22.7(19); 147.21(1); 124.504; and 272C.6(4). 14.14(10) Licensure records. These records contain information about pharmacists, pharmacies, and wholesalersindividuals and entities that are licensed by the board. This information is collected by the board pursuant to the authority granted in Iowa Code chapters 126, 147, and 155A and is stored electronically, on paper, in computer, and in the state archives. 14.14(11) Personnel records. These records contain personal information about board members and staff. This information is storedelectronically, in computer, and on paper and microfiche. The personal information contained in these records may be confidential in whole or in part pursuant to Iowa Code section 22.7(11). 14.14(12) Nonlicensee investigation files. These records contain information about nonlicensees, nonregistrants, or non-permit holders. This information is a public record except to the extent that certain information may be exempt from disclosure under Iowa Code section 22.7 or other provision of law. 14.14(13) Routine inspection reports. These records contain information about pharmacies, controlled substance registrant offices, manufacturers and distributors, and wholesalerslicensees and registrants that are inspected by agents of the board to determine compliance with state and federal law. This information is collected by the board pursuant to the authority granted in Iowa Code chapters 124 and 155A and is stored on paper, in computer, and electronically. 14.14(14) Notifications to the board. These records contain reports of theft or loss of controlled substances; of pharmacy or drug wholesalerbusiness licensee or registrant openings, closings, and changes of ownership, location, or responsible person; of the sale or transfer of prescription drugs including controlled substances; of disasters, accidents, or emergencies affecting drugs; and of pharmacists’, pharmacist-interns’, pharmacy technicians’, and pharmacy support persons’ names, addresseschanges to individual licensee or registrant name, address, or employment changes. This information is collected by the board pursuant to the authority granted in Iowa Code sections 155A.6, 155A.6A and 155A.19 and 2009 Iowa Code Supplement section 155A.6Bchapter 155A and is stored on paper, electronically, and in computer. 14.14(15) Precursor substances permit and distribution records. These records contain information about precursor substances handlers, both vendors and recipients, and information about the distribution, disposal, or destruction of precursor substances. This information is collected by the board pursuant to the authority granted in Iowa Code chapter 124B and is storedelectronically, in computer, and on paper. 14.14(16) Pharmacy technician records. These records contain information about pharmacy technicians who are registered by the board. This information is collected by the board pursuant to the authority granted in Iowa Code chapter 155A and is storedelectronically, in computer, and on paper and in computer. 14.14(17) Pharmacy support person records. These records contain information about pharmacy support persons who are registered with the board. This information is collected by the board pursuant to the authority granted in Iowa Code chapter 155A and is stored on paper, electronically, and in computer.ARC 6421CPharmacy Board[657]Notice of Intended ActionProposing rule making related to notification time frame for care facility immunization programs and providing an opportunity for public comment
The Board of Pharmacy hereby proposes to amend Chapter 23, “Care Facility Pharmacy Practice,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 147.76.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 147.76.Purpose and Summary The proposed amendment, which is the result of an overall five-year review of rules as required by Iowa Code section 17A.7(2) and a recommendation from a care facility pharmacy stakeholder, provides a time frame for a care facility to submit documentation to the provider pharmacy relating to the administration of vaccines provided by the pharmacy for an immunization or screening program.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers 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 August 16, 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. Amend subrule 23.14(3) as follows: 23.14(3) Notification. The facility shall submit to the provider pharmacy a listing of those residents or staff members who have been immunized utilizing vaccine from each vial supplied by the provider pharmacyno later than seven days following administration of the vaccine.ARC 6422CPharmacy Board[657]Notice of Intended ActionProposing rule making related to outsourcing facilities and providing an opportunity for public comment
The Board of Pharmacy hereby proposes to amend Chapter 41, “Outsourcing Facilities,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 147.76, 147.80, and 155A.13C.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 147.80 and 155A.13C.Purpose and Summary This proposed rule making, a result of an overall five-year review as required in Iowa Code section 17A.7(2), provides:
Proposing rule making related to the center for congenital and inherited disorders and providing an opportunity for public comment
The Public Health Department hereby proposes to amend Chapter 4, “Center for Congenital and Inherited Disorders,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 136A.8 and 2022 Iowa Acts, Senate File 2345.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 136A and 2022 Iowa Acts, Senate File 2345.Purpose and Summary The proposed amendments will accomplish the following:
Proposing rule making related to water treatment systems and providing an opportunity for public comment
The Public Health Department hereby proposes to rescind Chapter 14, “Water Treatment Systems,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code chapter 714 and 2022 Iowa Acts, Senate File 2232.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 714 and 2022 Iowa Acts, Senate File 2232.Purpose and Summary The proposed rescission of Chapter 14 will eliminate the registration requirement at the state level for water treatment systems. On April 21, 2022, Governor Reynolds signed 2022 Iowa Acts, Senate File 2232, which strikes Iowa Code section 714.16(2)“h,” which currently states that it is an unlawful practice for a person to sell, lease, rent, or advertise the sale, lease, or rental of a water treatment system in this state, for which claims or representation of removing health-related contaminants are made, unless the water treatment system has been performance-tested by a third-party testing agency that has been authorized by the Department. 2022 Iowa Acts, Senate File 2232, provides that it is now unlawful for a person to sell, lease, rent, or advertise the sale, lease, or rental of a water treatment system in this state, for which claims or representations related to the removal of health-related contaminants are made, unless a certification body accredited by the American National Standards Institute certifies all of the claims or representations related to the removal of health-related contaminants.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.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 August 16, 2022. Comments should be directed to:Ken Sharp Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.281.5099 Email: kenneth.sharp@idph.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 . Rescind and reserve 641—Chapter 14.ARC 6429CRevenue Department[701]Notice of Intended ActionProposing rule making related to the application of assessment limitations by county auditors and providing an opportunity for public comment
The Revenue Department hereby proposes to amend Chapter 71, “Assessment Practices and Equalization,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 421.14, 421.17(1), 421.17(4) and 441.21(9).State or Federal Law Implemented This rule making implements, in whole or in part, 2022 Iowa Acts, House File 2552, division XI.Purpose and Summary This proposed rule making addresses the application of the first of two assessment limitation tiers for commercial, industrial, and railway property assessed under Iowa Code chapter 434. 2022 Iowa Acts, House File 2552, division XI, repeals the Business Property Tax Credit under Iowa Code chapter 426C on July 1, 2024, and creates a two-tier assessment limitation for properties classified as commercial, industrial, and railway property assessed under Iowa Code chapter 434 for assessment years beginning on or after January 1, 2022. The first tier of assessment limitation provides that the first $150,000 of value for properties classified as commercial, industrial, and railway property assessed under Iowa Code chapter 434 shall receive the assessment limitation percentage applicable to residential property. For the second tier, any value in excess of $150,000 for commercial, industrial, and railway properties assessed under Iowa Code chapter 434 shall receive a 90 percent assessment limitation. This proposed rule making requires county auditors to apply the first tier of the assessment limitation proportionately by percentage of total value among the parcels for property units that are comprised of multiple parcels. Citations in the rule to Iowa Code section 441.21 reflect that section as amended by 2022 Iowa Acts, House File 2552, sections 36 and 37.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 701—7.28(17A).Public Comment Any interested person may submit written 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 August 16, 2022. Comments should be directed to:Nick Behlke Iowa Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306 Phone: 515.336.9025 Email: nick.behlke@iowa.govPublic Hearing If requested, a public hearing at which persons may present their views orally or in writing will be held as follows:August 16, 2022 1 to 2 p.m.Via video/conference call Persons who wish to participate in the video/conference call should contact Nick Behlke before 4:30 p.m. on August 15, 2022, to facilitate an orderly hearing. A video link or 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 the Department and advise of specific needs.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Adopt the following new rule 701—71.29(441):701—71.29(441) Application of two-tier assessment limitation. 71.29(1) Following receipt of the certification of assessment limitations described in Iowa Code section 441.21(9), the county auditor shall determine the assessed values of property by applying the assessment limitations as required under Iowa Code section 441.21(9). 71.29(2) When a property unit of commercial property, industrial property, or property valued by the department pursuant to Iowa Code chapter 434 is comprised of more than one parcel, the county auditor shall apply the assessment limitations described in Iowa Code sections 441.21(5)“b”(2)(a) and 441.21(5)“c”(2)(a), as applicable, to each parcel within the property unit by dividing 150,000 by the value of the entire property unit and multiplying the quotient by the value of each parcel within the property unit. Any remaining value of each parcel within the property unit shall receive the assessment limitations described in Iowa Code sections 441.21(5)“b”(2)(b) and 441.21(5)“c”(2)(b), as applicable. The assessment limitations shall be applied as whole numbers.Parcel 1 is assessed at $100,000.Parcel 2 is assessed at $100,000.Parcel 3 is assessed at $100,000.The first $50,000 of value of each parcel receives the assessment limitation applicable to residential property. The additional value of each parcel receives the applicable assessment limitation for commercial, industrial, or railway property assessed under Iowa Code chapter 434 described in Iowa Code sections 441.21(5)“b”(2)(b) and 441.21(5)“c”(2)(b).Parcel 1 is assessed at $500,000.Parcel 2 is assessed at $200,000.Parcel 3 is assessed at $100,000.Parcel 4 is assessed at $50,000.The first $88,235 of value of Parcel 1 receives the assessment limitation applicable to residential property. The additional value of the parcel receives the applicable assessment limitation for commercial, industrial, or railway property assessed under Iowa Code chapter 434 described in Iowa Code sections 441.21(5)“b”(2)(b) and 441.21(5)“c”(2)(b).The first $35,294 of value of Parcel 2 receives the assessment limitation applicable to residential property. The additional value of the parcel receives the applicable assessment limitation for commercial, industrial, or railway property assessed under Iowa Code chapter 434 described in Iowa Code sections 441.21(5)“b”(2)(b) and 441.21(5)“c”(2)(b).The first $17,647 of value of Parcel 3 receives the assessment limitation applicable to residential property. The additional value of the parcel receives the applicable assessment limitation for commercial, industrial, or railway property assessed under Iowa Code chapter 434 described in Iowa Code sections 441.21(5)“b”(2)(b) and 441.21(5)“c”(2)(b).The first $8,824 of value of Parcel 4 receives the assessment limitation applicable to residential property. The additional value of the parcel receives the applicable assessment limitation for commercial, industrial, or railway property assessed under Iowa Code chapter 434 described in Iowa Code sections 441.21(5)“b”(2)(b) and 441.21(5)“c”(2)(b).Parcel 1 is assessed at $400,000.Parcel 2 is assessed at $100,000.The first $120,000 of value of Parcel 1 receives the assessment limitation applicable to residential property. The additional value of the parcel receives the applicable assessment limitation for commercial, industrial, or railway property assessed under Iowa Code chapter 434 described in Iowa Code sections 441.21(5)“b”(2)(b) and 441.21(5)“c”(2)(b).The first $30,000 of value of Parcel 2 receives the assessment limitation applicable to residential property. The additional value of the parcel receives the applicable assessment limitation for commercial, industrial, or railway property assessed under Iowa Code chapter 434 described in Iowa Code sections 441.21(5)“b”(2)(b) and 441.21(5)“c”(2)(b). This rule is intended to implement Iowa Code sections 441.21(5) and 441.21(9) as amended by 2022 Iowa Acts, House File 2552.ARC 6427CSecretary of State[721]Notice of Intended ActionProposing rule making related to fees and providing an opportunity for public comment
The Secretary of State hereby proposes to amend Chapter 30, “Uniform Commercial Code,” and Chapter 40, “Corporations,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code chapter 17A and section 9.4A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 9.4A and 2022 Iowa Acts, Senate File 2385, section 29.Purpose and Summary In 2017, the Legislature authorized the Secretary of State to temporarily increase some fees for the purposes of modernizing Secretary of State technology to benefit Iowa’s business community. Those temporary increases ended effective June 30, 2022. This proposed rule making reverts those fees to the amounts prior to the increase. The Secretary of State’s office stopped collecting the extra fees as scheduled starting July 1, 2022. This rule making reflects that practice.Fiscal Impact The Secretary of State received up to $2 million in revenue to update and modernize technology. That total, plus slightly more in some years (sent to the General Fund), will no longer be collected by the Secretary of State. This is not an impact of the rule making itself, but is due to the sunset in the 2017 legislation authorizing those fees, ending June 30, 2022. This rule making merely reflects the sunset provision.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Secretary of State for a waiver of the discretionary provisions, if any, pursuant to 721—Chapter 10.Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Secretary of State no later than 4:30 p.m. on August 16, 2022. Comments should be directed to:Molly Widen Office of the Secretary of State Lucas State Office Building, First Floor 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.281.5864 Email: molly.widen@sos.iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend subrule 30.1(10) as follows: 30.1(10) Filing fees. a. Filing fee.The fee for filing and indexing a UCC document of one or two pages communicated on paper or in a paper-based format (including faxes) is $20$10. If there are additional pages, the fee is $40$20. But the fee for filing and indexing a UCC document communicated by a medium authorized by these rules which is other than on paper or in a paper-based format shall be $10$5. Upon the expiration of the technology modernization fund in Iowa Code section 9.4A, as created by 2017 Iowa Acts, Senate File 516, section 23, the fees will revert back to the amounts authorized prior to July 1, 2017. Funds generated by these fees shall be exclusively used for improving business services technology. b. UCC search fee.The fee for a UCC search request communicated verbally, on paper or in a paper-based format is $5. c. UCC search—copies.The fee for paper copies of UCC documents is $1 per page. ITEM 2. Amend subrule 40.8(1) as follows: 40.8(1) A limited partnership or foreign limited partnership authorized to transact business in this state shall deliver to the secretary of state for filing a biennial report that meets the requirements of Iowa Code section 488.210. a. The fee for filing and indexing a biennial report filed on paper or in a paper-based format is $60$45. This fee may be provided in the form ofcredit card, cash, personal check, cashier’s check, or money order or by secretary of state charge account. Upon the expiration of the technology modernization fund in Iowa Code section 9.4A, as created by 2017 Iowa Acts, Senate File 516, section 23, the fee will revert back to the amount authorized prior to July 1, 2017. Funds generated by this fee shall be exclusively used for improving business services technology. b. The fee for an electronic filing through the secretary of state Internet website is $45$30. This fee must be paid by check, credit card, or secretary of state charge accountcredit card or secretary of state charge account. Upon the expiration of the technology modernization fund in Iowa Code section 9.4A, as created by 2017 Iowa Acts, Senate File 516, section 23, the fee will revert back to the amount authorized prior to July 1, 2017. Funds generated by this fee shall be exclusively used for improving business services technology. ITEM 3. Amend subrule 40.8(2) as follows: 40.8(2) A limited liability company or a foreign limited liability company authorized to transact business in this state shall deliver to the secretary of state for filing a biennial report that meets the requirements of Iowa Code section 489.209. a. The fee for filing and indexing a biennial report filed on paper or in a paper-based format is $60$45. This fee may be provided in the form ofcredit card, cash, personal check, cashier’s check, or money order or by secretary of state charge account. Upon the expiration of the technology modernization fund in Iowa Code section 9.4A, as created by 2017 Iowa Acts, Senate File 516, section 23, the fee will revert back to the amount authorized prior to July 1, 2017. Funds generated by this fee shall be exclusively used for improving business services technology. b. The fee for an electronic filing through the secretary of state Internet website is $45$30. This fee must be paid by check, credit card, or secretary of state charge accountcredit card or secretary of state charge account. Upon the expiration of the technology modernization fund in Iowa Code section 9.4A, as created by 2017 Iowa Acts, Senate File 516, section 23, the fee will revert back to the amount authorized prior to July 1, 2017. Funds generated by this fee shall be exclusively used for improving business services technology. ITEM 4. Rescind subrule 40.8(3). ITEM 5. Amend 721—Chapter 40, implementation sentence, as follows: These rules are intended to implement Iowa Code chapters 490, 491, 499, 504, and 548 and 2017 Iowa Acts, Senate File 516, section 23.ARC 6434CTransportation Department[761]Notice of Intended ActionProposing rule making related to primary highway access control and providing an opportunity for public comment
The Transportation Department hereby proposes to rescind Chapter 112, “Primary Road Access Control,” to adopt new Chapter 112, “Primary Highway Access Control,” and to amend Chapter 150, “Improvements and Maintenance on Primary Road Extensions,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 307.12.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 306.19, 306A.1 to 306A.8, 307.12, 318.3, 318.5 and 318.8.Purpose and Summary This proposed rule making rescinds and replaces Chapter 112 and makes a coordinating amendment within Chapter 150. This action is needed because the current Chapter 112 is outdated with many of its key components, such as the priority system, entrance types and design criteria, being essentially unchanged since Iowa started building the interstate system. The Department’s process to design and operate Iowa’s highways has changed over the years to reflect better integration with communities, economic development, budgets and safety. The proposed rules better define the Department’s efforts to provide a first-class transportation system that maximizes safe and efficient travel while ensuring landowners and businesses the ability to access and utilize the transportation system. Safety has played a major role in the creation of this proposed updated chapter. Each new proposed access point (driveway) onto the primary highway system will be reviewed relative to its impact on the safety and operations of the highway. A research project was conducted by Iowa State University to document how Iowa crash rates vary relative to multiple access types under a variety of roadway conditions. The findings of this study were used to develop new processes that will allow the Department to quickly and easily approve new accesses on roadways where there are fewer safety concerns and to ensure safety and operations are maintained on roadways where conditions are at more critical levels. Chapter 112 is rewritten using best practices from other states and engineering principles that factor in roadway geometrics and traffic volumes to “right size” the proposed new access. When the proposed access will add a small number of new trips to and from a location, such as a local residence or farm fields, the Department will be able to allow more options and fewer restrictions to the landowner. When the proposed access will add a high number of new trips to and from the location and will be located in an area where roadway conditions are near critical, then the Department may require additional safety features such as an added turn lane to ensure the roadway remains safe and efficient. The proposed updated chapter benefits the traveling public and the landowner wanting a new access by allowing the Department to use real-world roadway conditions rather than blanket spacing or other requirements that provided little flexibility in the past. Educational statements and descriptions or definitions that are unique to the current Chapter 112 are proposed to be removed, and the proposed new rules refer to Department standards. This has been done in part to ensure that a new access is built using the same requirements regardless of who builds the new access. These changes help in condensing Chapter 112 from approximately 26 pages down to 9. This simplification of rules also makes for an easier and clearer set of requirements. The following explanation summarizes the proposed major changes within Chapter 112: Remove definitions. The following terms are proposed to be removed because they are no longer needed or do not require being defined in order to understand the rules: “acquisition,” “bridge,” “built-up area,” “clear zone,” “concrete box culvert,” “controlled access highway,” “district representative,” “entrance,” “entrance type,” “entrance width,” “fringe area,” “frontage,” “frontage road,” “fully controlled access highway,” “interchange,” “median,” “normal peak hour traffic,” “pavement,” “predetermined access location,” “ramp bifurcation,” “recreational trail,” “right-of-way line,” “rural area,” “rural-designed area,” “shoulder,” “sight distance,” “special access connection,” “turning lane,” and “urban-designed area.” The following definitions are proposed to be removed because the priority system is being amended to a category system that will better balance access control with the needs of the property: “Priority I highway,” “Priority II highway,” “Priority III highway,” “Priority IV highway,” “Priority V highway,” and “Priority VI highway.” Add new definitions. The term “access connection” is proposed to be added because a term is needed for the physical portion of the entrance to have a clear understanding of Chapter 112 and is not otherwise defined. The terms “average annual daily traffic,” “intersection,” “ramp,” and “trip” are proposed to be added because the definitions are needed for a clear understanding of Chapter 112. The term “functional area” is proposed to be added because it provides a consistent calculation method for determining the first access point from newly constructed intersections, interchanges and free-flowing movements. The intent of adding the term “functional area” is to improve safety and operations. The term “necessity” is proposed to be added because it helps with clarifying the access decision process and further defines what the applicant is required to provide. The intent is to better balance traffic operations, safety and the needs of the public. Amend current definitions. The term “access” is proposed to be amended to reflect that Chapter 112 applies only to highways. The term “highway” is proposed to be amended because this definition needs to be consistent with Iowa Code section 321.1(78), which provides a clearer understanding of how “highway” is used in the revised Chapter 112. The term “primary highway” is proposed to be amended because Chapter 112 needs a definition for highways under the Department’s jurisdiction. The term “roadway” is proposed to be amended because it needs to be consistent with Iowa Code section 321.1(65), which provides a clearer understanding of how “roadway” is used in the revised Chapter 112. The term “traveled way” is proposed to be amended by adding the word “gutter” to better define “traveled way.” Subrule 112.3(2). This subrule proposes to require the applicant to apply for a new permit when there is a change in use of the access. This subrule is added to ensure that access usage and design align. The intent is to increase safety in conjunction with access. Subrule 112.3(6). This subrule explains that no rights of access are conveyed. The Department issues permits for new access connections and modifications to an existing access connection. This subrule proposes to clarify that permits do not convey ownership and are considered licenses. The intent is to encourage better communication with property owners regarding their rights. Rule 761—112.4(17A,306A,318). This rule is proposed to be updated because of a new web-based permitting system the Department implemented. Paragraph 112.4(1)“g.” This paragraph proposes to add a traffic impact analysis for type A and type B access applications, which allows for a long-range review of high-volume accesses. The intent is to improve safety and operations of the highway. Subrule 112.4(5). The current chapter includes a simplistic appeals process that would only work for the denial of a permit and has no established timelines. Chapter 112 needs to provide applicants an opportunity to contest any type of Department decision related to access, not just the denial of a permit, so the appeals process is proposed to be amended. Subrule 112.5(2). The proposed changes determine the access type by using traffic volumes in the design year. A type D access, which is a low-volume access, is being introduced. The intent is to be more lenient on spacing requirements to allow more low-volume accesses per parcel. Subrule 112.5(3). The proposed changes replace a priority classification with a category classification. There are nine categories identified by function, design, volume, etc. The new categories will better balance access control with the needs of the property. Paragraph 112.5(4)“a.” This paragraph introduces a report for category revisions and is proposed to formalize a process for making these revisions. The intent is to encourage more documentation of access decisions and procedures. Subrule 112.5(6). The proposed addition of access management plans and agreements acknowledges the need to handle access jointly with local agencies, allows for flexibility on highway segments that do not fit any categories, and addresses more complex and existing conditions in urban areas and growing areas. Subrule 112.6(12). This subrule states that an access shall be designed to prevent queuing of vehicles on the roadway. This proposed change will help improve the safety of roadways and minimize congestion. Removal of current rule 761—112.14(306A). This rule is not proposed to be included within new Chapter 112 because recreational trail connections to the highway are different than vehicular connections and the proposed new Chapter 112 addresses vehicular connections.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 August 16, 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.us Public Hearing If requested, a public hearing to hear oral presentations will be held on August 18, 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 August 16, 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 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. Rescind 761—Chapter 112 and adopt the following new chapter in lieu thereof: CHAPTER 112PRIMARY HIGHWAY ACCESS CONTROL761—112.1(306A,318) Scope and contact information. 112.1(1) Statement of policy. All primary highways are controlled access facilities. The efficiency and safety of a highway depend to a large extent upon the amount and character of interruptions to the movement of traffic. The primary cause of these interruptions is vehicular movement to and from public roadways, businesses, residences, and other developments along the highway. Regulation and overall control of highway access are necessary to provide efficient and safe highway operation and to utilize the full potential of the highway investment. Each highway access connection should be located and designed to achieve the least adverse impact to traffic operations and public safety. Accordingly, the department hereby establishes rules for control of access for all primary highways. 112.1(2) Contact information. Information regarding this chapter may be obtained from the department’s website at: www.iowadot.gov; any of the department’s six district offices; or the Traffic and Safety Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010.761—112.2(306A,321) Definitions. The following terms, when used in this chapter, shall have the following meanings unless the context otherwise requires: "Access" means a way or means of egress or ingress to a highway. "Access connection" means any point of motor vehicle ingress or egress from or to a highway. It is the physical connection between the edge of the traveled way and the abutting property and is exclusive of the roadway and median. "Average annual daily traffic" or "AADT" means the total volume of traffic passing a point or segment of a highway facility in both directions for one year divided by the number of days in the year. "Functional area" includes any area upstream or downstream of an intersection where intersection operation and conflicts significantly influence driver behavior and vehicle operations. The functional area of an intersection is a calculated value based on the intersection's geometrics, posted speed limit, traffic volume, type of traffic control used and perception-reaction-time values determined by the American Association of State Highway and Transportation Officials. "Highway" means the same as “street” or “highway” as defined in Iowa Code section 321.1(78). "Intersection" means the same as defined in Iowa Code section 321.1(33). "Necessity" means the access is required or indispensable to the property because of circumstances that cannot be sufficiently mitigated by other means. Proof of necessity refers to documents, data, maps and other information submitted to illustrate and verify the claim of necessity. "Primary highway" means a highway that is under department jurisdiction. "Ramp" means a special lane, usually a short section of one-way roadway, which provides an access connection between two roads to enter or exit a major highway. The term “ramp” includes but is not limited to entrance ramps, roadway ramps, loop roads and collector-distributor roads. "Roadway" means the same as defined in Iowa Code section 321.1(65). A divided highway has two or more roadways. "Traveled way" means the portion of a roadway used for the through movement of vehicles, excluding shoulders, gutters and auxiliary turn lanes. "Trip" means a single or one-directional vehicle movement. A vehicle leaving the highway and entering a property is one trip, and the vehicle leaving the property and entering the highway is a second trip.761—112.3(306A) General provisions. The following provisions govern access encroachments onto a primary highway: 112.3(1) No access connection construction activity on a highway shall begin until an access permit has been issued by the department. 112.3(2) A new access permit is required when there is a change in use of the access connection. A change in access use includes a change in predominant vehicle types or an increase in traffic volumes or a situation when the use exceeds the design and engineering limitations of the existing access design. If the property owner desires to change from the historical access use or to a use not authorized by the terms and conditions of the existing access permit, a new permit is required. 112.3(3) No person shall excavate, fill or make any physical change to any part of the right-of-way without a permit issued by the department. 112.3(4) No person shall drive a motor vehicle to or from a highway at a location that is not an authorized access connection. 112.3(5) No new access rights shall accrue from, and no additional access shall be provided upon, the splitting or dividing of existing parcels of land or contiguous parcels under the same ownership or controlling interest unless the proposed access complies with access category and design requirements and is permitted. Adjacent properties under common ownership or control, consolidated for development, or part of a phased development plan shall be considered one unit, and a unified access and circulation plan shall be established for the site. 112.3(6) No rights of access are conveyed when the department provides a new access connection or modifies an existing access connection. 112.3(7) The terms and conditions of any permit are binding upon the applicant, the property owner and all assigns, successors-in-interest, heirs and occupants. Should an assign, successor-in-interest, heir or occupant not accept the terms and conditions of an existing permit, the assign, successor-in-interest, heir or occupant shall apply for a new access permit or a permit to close the access. 112.3(8) A property owner not wanting to assume responsibility for an access or its requirements may apply for access removal. Such removal shall be at the property owner’s expense unless agreement is made for removal during a highway project. 112.3(9) A permit grants no property rights or interests in state right-of-way. 112.3(10) Where there are multiple accesses to the same parcel, the department may consolidate existing access connections during a highway project. 112.3(11) The department has the authority regarding operational modifications to the highway and all access connections.761—112.4(17A,306A,318) Permitting process. An access permit is required for an encroachment onto public right-of-way for the construction, reconstruction or modification of an access connection or any of its related appurtenances. 112.4(1) Application for an access permit. a. To obtain an access permit, applicants will use the web-based system found at www.iowadot.gov. If the applicant cannot use or connect to this electronic system, the applicant may contact the appropriate district office that is responsible for the area in which the proposed access is located. An applicant may be the property owner or the owner’s authorized agent. b. A separate access application and permit is required for each access connection. c. The department will not act on an application it deems incomplete and shall notify the applicant if additional information is required. d. Intentional misrepresentation of existing or future conditions or providing false information shall be considered sufficient grounds for denial or revocation of a permit. e. The applicant is responsible for any location and design plans required to describe the access. f. The applicant is responsible for providing an estimate of the traffic volume of the access and the property as a whole. The estimate will include the anticipated average daily or hourly use and the anticipated access use upon the full development of the property. g. For access types A and B as defined in subrule 112.5(2) and public intersections, the department should require a traffic impact analysis from the applicant during the processing of a permit request. Such traffic impact analysis shall be prepared by a professional engineer licensed in Iowa at the cost of the applicant. The analysis will address a current and 20-year projection of traffic activity and impacts at and near the proposed access connection, including the full-development traffic volumes of the access connection. h. It is the responsibility of the applicant to comply with local ordinances and obtain any other local permits, utility permits or agency approvals that may be required. 112.4(2) Processing an access application. a. Upon receipt of an application, the department will begin processing the application using the electronic permitting system. The department will apply the criteria as required by this chapter, including access type, access category, location, design, public safety and traffic operations. b. The department may issue an access permit with terms and conditions or deny the application if it fails to meet this chapter’s requirements. The department representative shall notify the applicant of the determination. c. The department will not act on an application it deems incomplete and shall notify the applicant if additional information is required. d. Upon mutual agreement by the department and applicant, the department may suspend or extend the process period. e. The applicant may withdraw the application. 112.4(3) Permit terms and conditions. a. An access permit shall include terms and conditions necessary to meet the requirements of this chapter and include consideration of the following: (1) Safety of the traveling public. (2) The access category pursuant to rule 761—112.5(306A). (3) The access location and design pursuant to rule 761—112.6(306A). (4) The traffic-carrying capacity of the highway. (5) Protection of the public investment in the highway. (6) Topography and geometric limitations and constraints. b. The department may restrict turning movements as necessary to reduce adverse impacts. The department will consider the 20-year projection of traffic volumes on the roadway and the full-development traffic volumes of the access connection. c. Upon issuance of an access permit, the permittee shall initiate construction within one year. An extension may be requested. If the permittee is unable to initiate construction within one year after the permit issue date and no extension is granted, the permit is deemed expired and no longer valid. d. The property owner and the owner’s authorized agent agree by accepting the permit to indemnify, defend and hold harmless the state of Iowa and its employees from all claims arising out of construction or use of the access. e. The property owner and applicant assume liability for the construction and ongoing use of the access. f. The permittee shall maintain the access in good repair at all times. g. If the department has not received the signed copy of the permit within 60 days of the date of transmittal to the applicant, the permit shall be deemed withdrawn. 112.4(4) Permits where department owns access rights. a. This subrule applies only where the department has determined there is no longer the necessity for the controlled access line at the proposed location. The department may issue an access permit if all design and location criteria are met. b. If it becomes necessary to close the access, the property owner will be notified in advance and any permit will be revoked. The access application and permitting process do not include any rights of appeal where the department is the owner of the access rights. 112.4(5) Appeals. a. An applicant or permittee who objects to any terms or conditions placed on an access permit, the denial of a permit, or the closure or revocation of an access may appeal the department’s decision. If the department owns the access rights, this subrule does not apply. (1) The appeal shall be submitted to the appropriate district engineer at the department. (2) An appeal concerning the closure or revocation of an access or the denial of a permit must be submitted within 60 days of receipt of the department’s notification. (3) An appeal concerning the terms or conditions placed on an access permit must be submitted within 60 days of when the department sends the applicant the signed copy of the permit with terms or conditions for signature. (4) The appeal shall include reasons for the request and may include changes, revisions or conditions that would be acceptable to the applicant or permittee. b. The district engineer shall issue a written decision to the applicant or permittee within 60 days of receipt of the appeal or 60 days after receipt of requested additional information. c. Upon receipt of the written decision, the applicant or permittee may appeal the district engineer’s decision by submitting the appeal along with background information to the director of transportation. The director shall issue a written decision within 60 days of receipt of the appeal. The director’s decision shall be the final agency action. 112.4(6) Waivers. The director of transportation may, in response to a written petition, waive provisions of this chapter in accordance with 761—Chapter 11. The written petition must contain the information as required in 761—subrule 11.5(2) and shall be submitted to the rules administrator, either by mail to Rules Administrator, Government and Community Relations, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; or by email to the rules administrator’s email address listed on the department’s website at iowadot.gov/administrativerules. 112.4(7) Waivers involving interstate highways. The director of transportation shall not waive these rules in access situations involving the interstate highway system, including its ramps, without the approval of the Federal Highway Administration.761—112.5(306A) Access types and the primary highway category system. This rule manages access connections according to highway function, design, traffic volumes, speed and roadside conditions. 112.5(1) General. a. The department will assign access categories to all highways according to the descriptions in subrule 112.5(3). b. There are no minimum or maximum distance criteria for the length of a category assignment. c. The department may assign a specific category to a segment of highway based on operational needs and to maintain consistency along a specific route. d. The department will maintain an access category assignment schedule for the highway system. e. Municipal access categories are for primary highway extensions within municipalities where concurrent jurisdiction applies pursuant to Iowa Code section 306.4(4). f. For all access categories, access connections should be kept to the minimum necessary to provide reasonable access. A second access to a parcel may be provided only if it meets spacing criteria, internal circulation is not feasible, and there is a necessity for the access. g. If the category allows type D access, an additional type D access may be granted to a parcel if the necessity due to topography problems or ongoing agricultural activities is demonstrated. A change in use of the parcel of land serviced by the type D access requires a new permit and may require the access be closed if the location will not meet access category requirements for another type. h. A secondary access for emergency fire services when required by local fire safety regulations may be permitted on all categories except for the categories interstate and freeway (I/F), expressway (E), and municipal expressway (ME) and across controlled access lines. Such emergency access may be permitted only if it is not feasible to provide the emergency access to a secondary roadway. A written explanation with references to local standards from an appropriate government safety official shall be included with the application. The access shall not be open for nonemergency uses and shall be maintained by the permittee as a closed access except during emergencies. Hidden pavement structures are acceptable i. Access connections to government parcels will be treated the same as private access types based on volume with the exception of egress access connections used specifically for emergency response services such as fire stations. 112.5(2) Access types. Access connections are distinguished by the following four types of private access based on access connection traffic volume: a. Type A is a private access connection with traffic volumes equal to or greater than 100 trips in a peak hour. Traffic volume estimates are to be based on a 20-year projection or the build-out of the development, whichever is greater. b. Type B is a private access connection with traffic volumes between 11 and 99 trips in a peak hour. Traffic volume estimates are to be based on a 20-year projection or the build-out of the development, whichever is greater. c. Type C is a private access connection with traffic volumes between 1 and 10 trips in a peak hour. d. Type D is a private access connection with an AADT of less than one per day. 112.5(3) Access categories for highways. Access categories are distinguished as follows: a. The interstate and freeway (I/F) category applies to highways with full access control. Access to the roadway, when allowed, shall be provided by ramps. Direct access to the main roadway and all ramps is prohibited without exception. b. The expressway (E) category applies to nonfreeway multilane highways outside municipal boundaries where the department has acquired the associated access rights. No access that has not already been authorized shall be permitted across existing access control lines. An access management plan is required to authorize a new public intersection. No new direct access connections will be permitted for utilities that have not been previously authorized. c. The rural-600 (R-600) category applies to two-lane and multilane highways outside municipal boundaries that are on the Iowa commercial industrial network as most recently approved by the commission, or are where roadway traffic volume will be equal or greater than 3,000 AADT within 20 years. Access types A, B and C may be permitted where the applicant can prove necessity and the access has a minimum spacing distance of 600 feet from other connections. Access type D must meet sight distance requirements. Private access connections should not be permitted within the functional area of any public intersection. Public intersections should be located at survey section lines when feasible. Each full-movement access connection should serve as many properties and interests as possible to reduce the need for additional direct access to the highway. Preference shall be given to public intersections. d. The rural safety and need (R-S/N) category applies to two-lane highways outside municipal boundaries that will not exceed 3,000 AADT within 20 years. This category includes frontage roads, service roads and access ways. All private access types may be permitted where the applicant can prove necessity and meet sight and spacing distance requirements. Private access connections should not be permitted within the functional area of any public intersection. Public intersections should be located at land survey section lines when feasible. e. The municipal expressway (ME) category applies to nonfreeway multilane highways inside municipal boundaries where arterial performance is necessary to provide high mobility and through traffic capacity. In the absence of an access management plan, no private access shall be permitted that has not already been authorized. An access management plan is required to authorize a new public intersection and may only be allowed if the public roadway is adopted by the city. No access shall be permitted across a controlled access line. f. The municipal-1000 (M-1000) category applies to important regional and intracity highways that are within a municipality. Designation of M-1000 shall include consideration of system continuity and preservation of a high level of mobility and through traffic capacity. The department recommends the installation of restrictive medians between full-movement intersections. Access to an M-1000 may be granted under the following conditions: (1) All access types are eligible for a full-movement access connection at 1,320 feet (one-quarter mile) locations based on section lines where feasible, and these access connections may be restricted to right-in and right-out turns or directional left-in-only as access volumes increase. A minimum access spacing interval of 1,000 feet should only be permitted if there is a documented necessity. No access connection should be allowed within the functional area of a public intersection. (2) Each full-movement location should serve as many properties and interests as possible to reduce the need for additional direct access to the highway. Preference shall be given to public intersections. (3) All access types are eligible for limited movement connections at minimum spacing intervals of 600 feet if a restrictive median is present. g. The municipal-600 (M-600) category applies to highways within municipalities that have been determined to have a need to maintain a moderate level of mobility and through traffic capacity. Minimum spacing for all access types is 600 feet. h. The municipal-300 (M-300) category applies to highways within municipalities where a low level of mobility and through traffic capacity is acceptable. Minimum spacing for all access types is 300 feet. i. The municipal safety and need (M-S/N) category applies to highways within municipalities where motor vehicle mobility and through traffic capacity are low priorities. The granting of access and the determination of access connection locations shall be based only on safety and need. 112.5(4) Category revisions. a. From time to time it may be necessary for the department to change an assigned access category because of changes in roadway conditions, traffic growth or highway reconstruction. Reassignment shall be consistent with subrule 112.5(3). A report shall be prepared presenting why the current category should not be used and the reasons for and benefits of making the category revision. b. If the highway is identified as a future freeway or expressway, the department may suspend the issuance of new access permits. c. If a highway utilizing at-grade intersections is intended to be improved to accommodate traffic growth or safety considerations, the access category of the future improvement shall be applied. 112.5(5) Interchange and intersection access control. a. When it is necessary for an at-grade access connection to be near an interchange on an access category E or ME, the first access connection location will be determined by calculating the functional areas of the expressway ramp and the first at-grade access connection. The two functional areas shall not overlap. The functional area of the ramp shall be considered no less than 1,500 feet from the end of the taper. The first access should be a public intersection. Access turning movements may be restricted for operational reasons. b. Access is prohibited without exception to all elevated structures and ramps on or connected to any highway. c. When the interchange crossroad AADT will exceed 10,000 in the year, the first full-movement access connection should be at least 1,320 feet as measured from the ramp bifurcation point. A minimum of 1,000 feet may be allowed for a full-movement intersection if there is a proven necessity and no reasonable alternative. A restrictive median may be required between the ramps and the full-movement intersection. If the first full-movement intersection is at least 1,200 feet from the ramp bifurcation and a restrictive median is present, a right-in and right-out access may be permitted at a minimum of 600 feet from the ramp bifurcation. The ramp functional area should not overlap with the functional area of any access connection. d. When the interchange crossroad AADT will be between 3,000 and 10,000 within 20 years, the first full movement should be at least 1,000 feet away from the ramp. All access types may have a restricted right-in and right-out access at a minimum of 600 feet from the ramp bifurcation point. e. When the interchange crossroad AADT will not exceed 3,000 within 20 years, access public intersections and private access types A and B should be at least 600 feet away from the ramp bifurcation point. Types C and D should be at least 300 feet from the bifurcation point and may be subject to operational restrictions. f. For any new interchange or interchange reconstruction, access rights should be acquired and extend a minimum of 600 feet away from the ramp bifurcation point. If the AADT will exceed 10,000 within 20 years, a minimum of 1,000 feet of access rights should be acquired. g. Where a free-flow turning movement from a roadway or ramp merges onto another roadway, an analysis shall be completed to determine the functional area and the preferred placement of the first access connection. The functional area of the merge lane of the roadway and the functional area of the first access connection shall not overlap. Access rights shall be acquired along the identified functional area length. h. An at-grade intersection shall be defined by the determination of its functional area. Access should not be allowed within this functional area. Access beyond the functional area remains subject to the requirements of the access category location standards. i. When acquiring access rights as part of a highway project, the department may acquire access rights along intersecting public roadways to protect the operation of the intersection at the highway. Acquisition of access rights should extend a distance of 150 feet from the near edge of the highway traveled way. If the intersecting public roadway AADT is predicted to exceed 3,000 within 20 years, the department should acquire access rights for a distance of 300 feet from the near edge of the highway traveled way. The department may lengthen or shorten the distance of access rights required after considering the intersection functional area, traffic volumes, traffic operations, acquisition costs and other factors. 112.5(6) Access management plans and agreements. a. Access management plans may be developed to determine how access will be managed on select sections of high-priority corridors, around freeway interchanges, and within municipalities and high-growth corridors. Each plan will apply access management techniques, identify acceptable traffic control features, and establish the necessary operational restrictions to ensure the long-term functional performance and safety of the highway. The scope of each access plan may vary depending on what is determined necessary by the parties of the agreement to manage current and predicted future highway conditions and local land use. b. To apply an access management plan within a municipality, it must be adopted by joint agreement in accordance with Iowa Code sections 306.4(4) and 306A.7. c. Highway projects and corridor plans may include access management techniques and improvements to bring a section of highway into conformance with its current access category without adopting an access management plan and agreement.761—112.6(306A) Location and design. This rule sets criteria for the location and design of access connections to primary highways. 112.6(1) Each access connection authorized must be located and designed in accordance with this rule. Terms and conditions for location, design, construction and use of the access connection shall be established by permit. 112.6(2) The priority of the primary highway system is to provide highway corridors with the goal of maintaining traffic capacity by limiting disruptions to through traffic. Direct access from abutting land is therefore subordinate. Where an adjacent lower traffic volume road is available, the access should connect to that roadway. 112.6(3) Private access connections may only be considered when there is a reasonable necessity for the access and should be separated from other private access connections at a minimum distance equal to the sight distance at the posted speed. The burden of proving necessity is on the applicant. 112.6(4) An access connection must be consistent with the requirements of the assigned access category. 112.6(5) Access location considerations shall include traffic operations, public safety, sight distance, distance to other access locations, traffic speed and volumes, the design vehicle for the access and the allowable turning movements. 112.6(6) Restrictive medians may be installed and access connection turning movements may be restricted to right turns or directional left turns for operational reasons when determined necessary and at the sole discretion of the department. 112.6(7) Minimum design criteria may be used only when there is a proven and documented necessity that higher standards are not feasible at the specific site. 112.6(8) When there are access connections on opposite sides of the highway and left turns are allowed from both directions, the access connections should be opposite each other or have sufficient offset distance so as to prevent overlapping left turn maneuvers. 112.6(9) If the access connection requires a turn lane, the access connection should be located so the turn lane can be installed and no other access connections occur along the turn lane. An access should not be installed along a turn lane or taper. 112.6(10) Private access connections should not be located within the functional area of a public intersection. 112.6(11) All access connections must meet sight distance. 112.6(12) The access shall be designed to facilitate the movement of vehicles from the highway to prevent the queuing of vehicles on the roadway. 112.6(13) If a proposed access location does not comply with this chapter, the access permit shall be denied. 112.6(14) If the department determines that the literal application of these rules to a specific situation will create or result in an unsafe situation or an unreasonable design, the department shall use sound engineering practices to determine the appropriate location and design for the specific situation. The department shall include justification for the design in the permit or the highway project file, as applicable.761—112.7(306A) Access construction. This rule sets criteria for the construction of access connections. 112.7(1) Overall stipulations. a. Unless part of a public construction project, the construction of the access and its appurtenances as stated in the terms and conditions of the permit shall be completed at the expense of the permittee. b. The access connection shall be constructed according to the department’s standards and specifications. The applicant will be provided with the necessary standards and specifications with the issued permit. c. The access shall be completed in an expeditious and safe manner and shall be finished within 30 days from initiation of construction within the highway right-of-way unless otherwise stated on the access permit. d. The department may restrict work within the highway right-of-way, restrict lane closure periods and require preapproval of all aspects of construction phasing and traffic control. The permittee shall provide work zone traffic control at all times during access construction. Work in the highway right-of-way is not allowed on legal holidays, at night, during peak traffic hours or during adverse weather conditions without specific department permission. e. Any damage to the primary highway, appurtenances or any utility or any permitted private encroachment shall be repaired immediately at the direction of the affected owner. All costs associated with repair or relocation will be borne by the permittee. If a survey monument is modified or damaged, repair and replacement shall be done at the direction of the owner of the monument. f. The relocation, removal or modification of any traffic control device or public or private utilities shall be accomplished by the permittee without cost to the department or utility and at the direction of the department or utility owner. A department utility permit shall be obtained for utility work within highway right-of-way. g. An access permit may require installation of traffic control features or devices, but such requirements do not create any type of private interest in such features. Traffic control features and devices in the right-of-way, such as traffic signals, channelizing islands, medians, median openings, and turn lanes are operational and safety characteristics of the highway and are not means of private access. The department may install, remove or modify any traffic control feature or device in the right-of-way to promote traffic safety or efficient traffic operations. h. The department is not obligated to permit or approve any connection, traffic control feature or device or any other site-related improvement that has been specified in a development approval process separate from the permitting criteria and approval process described in this chapter. i. If any construction element of the permitted access fails within three years following construction, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. j. The property owner or occupants are responsible for maintaining the access. Where the access connection has a paved surface, the property owner or occupants are responsible for maintaining the access connection from the paved edge of the roadway to the right-of-way line. Where the access connection does not have a paved surface, the property owner or occupants are responsible for maintaining the access from the outer shoulder line of the roadway to the right-of-way line. The department is not responsible for the removal of debris, snow or ice on the access, including debris deposited by the department during maintenance operations. k. Drainage structures located along the highway are maintained by the department except for concrete box culverts and bridges constructed by the property owner for access to the property, which shall be maintained by the property owner or occupants. 112.7(2) Temporary access. a. When an access is needed in temporary situations for a limited period of time, a temporary access connection may be allowed, but it is subject to special stipulations as determined by the department. b. The location of the temporary access shall comply with all safety and sight distance requirements. c. Temporary access shall be authorized only for a specified period of time. In no event shall the period of the permit extend beyond 24 consecutive months. d. The permittee is responsible for all costs incurred, including removal of the access and restoration of the right-of-way at the end of the permit period. e. An application for temporary access is not needed if the temporary access is for department purposes and has been approved in department internal documents and, when required, by the Federal Highway Administration.761—112.8(306A) Drainage requirements for access connection approvals. 112.8(1) The permittee shall provide, at the permittee’s expense, drainage structures for access connections that will become an integral part of the existing drainage system. 112.8(2) The type, size and condition of the drainage structures provided by the permittee shall meet the requirements of the department in unincorporated areas and the requirements of both the department and the municipality in incorporated areas. The design and construction of drainage structures for access shall not adversely impact the highway right-of-way, a storm sewer system or a drainage-way. 112.8(3) The construction of an access shall not impair the drainage or stability of the highway subgrade, nor shall it cause water to flow across the roadway pavement or pond on the shoulders or in the ditch or result in erosion within the highway right-of-way. 112.8(4) Drainage systems designed and constructed by the department within the highway right-of-way are designed to serve the drainage needs of the highway and adjoining properties based on the basin conditions at the time of the design of the highway.761—112.9(306A,318) Violations at access connections. 112.9(1) It is the responsibility of the property owner and permittee to ensure that the access is not in violation of this chapter or the terms and conditions of the permit. 112.9(2) When an authorized access is constructed or used in violation of this chapter or the terms and conditions of the permit, the department may suspend the access permit and may order the immediate closure of the access. Notwithstanding the preceding sentence or any other provision of this chapter, the department may proceed as authorized under Iowa Code chapter 318 at any time. These rules are intended to implement Iowa Code chapter 17A and sections 306.19, 306A.1 to 306A.8, 307.12, 318.3, 318.5 and 318.8. ITEM 2. Amend rule 761—150.1(306), definition of “Freeway,” as follows: "Freeway" means a primary highway constructed with Priority Ifully controlled access controlprimary highway. The rights of ingress and egress from abutting properties have been legally eliminated by the department. Permanent access to the freeway is allowed only at interchange locations. For the purpose of highway lighting, “freeway” means a primary highway constructed with Priority I access control for a length ofa freeway is generally five miles or greatermore miles in length.ARC 6431CCorrections Department[201]Adopted and FiledRule making related to five-year review of rules
The Corrections Department hereby amends Chapter 1, “Departmental Organization and Procedures,” and Chapter 20, “Institutions Administration,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 904.108.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 904.108.Purpose and Summary All of the Department’s rules were reviewed as part of the comprehensive five-year review required under Iowa Code section 17A.7. These amendments are designed to eliminate outdated or redundant rules, update Iowa Administrative Code language and eliminate any rules that are inconsistent or incompatible with statutes or other rules. The amendments to Chapter 1 reflect updates to the Department’s internal structure, such as prison telephone numbers and staff job responsibilities. The amendments to Chapter 20 include:
Rule making related to remote supervision of pharmacy technicians
The Board of Pharmacy hereby amends Chapter 3, “Pharmacy Technicians,” and Chapter 6, “General Pharmacy Practice,” 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 sections 147.76 and 155A.6A.Purpose and Summary These amendments provide for pharmacist delegation of technical functions relating to prescription processing activities (e.g., data entry) under specific conditions to an Iowa-registered certified pharmacy technician who is performing the delegated functions at a location other than where the supervising pharmacist is physically located. The authorized delegation will allow pharmacies to continue such remote activities initiated under the pandemic-related public health emergency under conditions that require:
Rule making related to pharmacy license changes and five-year review of rules
The Board of Pharmacy hereby amends Chapter 8, “Universal Practice Standards,” and Chapter 19, “Nonresident Pharmacy Practice,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 155A.13 and 155A.13A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 155A.13 and 155A.13A and 2022 Iowa Acts, House File 2169.Purpose and Summary These amendments are, in part, in response to an overall five-year review of Chapter 19 as required in Iowa Code section 17A.7(2). The amendments provide for conforming edits, the modification of the handling of ownership changes for resident and nonresident pharmacies, a requirement that nonresident pharmacies that directly dispense to Iowa patients provide evidence of a toll-free telephone number with access to a pharmacist who has access to the patient’s records during the pharmacy’s regular business hours, and the process by which a pharmacy can temporarily relocate pharmacy operations in response to an exceptional circumstance or disaster rendering the pharmacy unsafe.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on April 6, 2022, as ARC 6281C. A public hearing was held on April 27, 2022, at 10:30 a.m. in the Health Professions Board Room, 400 S.W. 8th Street, Suite H, Des Moines, Iowa, and via Zoom. Five individuals attended the public hearing with one comment provided by the Iowa Pharmacy Association suggesting the Board retain the existing language relating to “majority ownership” changes. One written comment requested clarification on whether the Board intended “days” to mean calendar or business days in Item 4. The amendment seeks to align handling of license changes resulting from a majority ownership change with that of the federal Drug Enforcement Administration and to alleviate the burden on pharmacies with such changes (e.g., renegotiating third-party contracts, wholesale drug suppliers, the 340B Drug Pricing Program, etc.). No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on June 28, 2022.Fiscal Impact This rule making has minimal fiscal impact to the State of Iowa. As a result of the removal of the language that states a change to the majority ownership of a pharmacy constitutes an ownership change, the Board anticipates processing 20 fewer applications annually, resulting in a reduction in licensing fees of $2,700.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 August 31, 2022. The following rule-making actions are adopted:
ITEM 1. Amend paragraphs 8.35(6)"b" and 8.35(6)"c" as follows: b. Location.AExcept as provided in subrule 8.35(10) for a temporary relocation due to an exceptional circumstance, a change of pharmacy location shall require submission of a pharmacy license application and appropriate fee prior to the change of location. A pharmacy undergoing a change in location is required to notify patients of the change in accordance with paragraph 8.35(7)“d.” A change of pharmacy location in Iowa may require an on-site inspection of the new location as provided in subrule 8.35(4). c. Ownership.A change in ownership of a pharmacy shall require submission of a pharmacy license application and appropriate fee prior to the change in ownership. A change of ownership occurs when the owner listed on the pharmacy’s most recent application changes or when there is a change affecting the majority ownership interest of the owner listed on the pharmacy’s most recent pharmacy application. A pharmacy undergoing a change in ownership is required to notify the pharmacist in charge and patients of the change in accordance with subrule 8.35(7). A change of ownership effectively consists of closing a pharmacy and opening a new pharmacy. ITEM 2. Adopt the following new subrule 8.35(10): 8.35(10) Emergency temporary location changes. In response to a proclamation of disaster emergency or in the event of a natural or man-made disaster, fire, or other occurrence which results in sufficient damage to a pharmacy location as to render it unsafe to operate, a pharmacy may relocate to a temporary or mobile location only as provided herein. a. Within one business day of the damage to the pharmacy rendering it unsafe, the pharmacy shall provide notice to the board of its intent to temporarily relocate pharmacy operations and provide the address of the temporary or mobile location. b. A board compliance officer shall conduct an on-site inspection of the temporary or mobile location within five business days of the relocation. c. A pharmacy may operate from the temporary or mobile location for no more than six months. If the pharmacy is not able to return to the original location within six months, the pharmacy shall submit an application and fee pursuant to paragraph 8.35(6)“b” prior to the expiration of the six-month temporary relocation period. d. A pharmacy shall notify the board of its intent to return pharmacy operations to the original location at least five business days in advance of its return. e. A board compliance officer shall conduct an on-site inspection of the original location prior to the return of pharmacy operations. ITEM 3. Amend rule 657—19.1(155A), definition of “Nonresident pharmacy,” as follows: "Nonresident pharmacy" means a pharmacy, including an Internet-based pharmacy, located outside the state of Iowa that delivers, dispenses, or distributes, by any method, prescription drugs, devices, or pharmacy services toor intended for an ultimate user physically located in this state, including a pharmacy which engages in central fill or central processing functions as described in 657—Chapter 18 on behalf of a pharmacy located in Iowa. ITEM 4. Adopt the following new paragraph 19.2(4)"d": d. Ownership.A change of ownership of a pharmacy shall require submission of a pharmacy license application and fee within ten days after issuance by the home state regulatory authority of a license under the new ownership or within ten days of the change if the home state does not require issuance of a new license for a change of ownership. A change of ownership occurs when the owner listed on the pharmacy’s most recent application changes. A pharmacy undergoing a change in ownership is required to notify the pharmacist in charge and patients of the change in accordance with subrule 8.35(7). A change of ownership effectively consists of closing a pharmacy and opening a new pharmacy. ITEM 5. Adopt the following new subrule 19.2(6): 19.2(6) Access to pharmacist via toll-free telephone number. Each nonresident pharmacy that dispenses or proposes to dispense any prescription drug or device directly to a patient located in Iowa shall provide on its application for nonresident pharmacy licensure evidence of labeling which provides a toll-free telephone number for patients to access a pharmacist who has access to the patient’s medication record during the pharmacy’s regular business hours. ITEM 6. Amend rule 657—19.3(155A), introductory paragraph, as follows:657—19.3(155A) Registered pharmacist in charge. The permanent pharmacist in charge of the nonresident pharmacy shall be designated as such on the nonresident pharmacy license application. Beginning January 1, 2018Unless currently licensed in Iowa, the pharmacist in charge shall be registered with the board. The pharmacist in charge shall submit a completed application and a registration fee of $75. The registration shall expire on December 31 following the date of issuance of the registration. An initial registration issued between November 1 and December 31 shall not require renewal until the following calendar year. [Filed 6/30/22, effective 8/31/22][Published 7/27/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/27/22.ARC 6418CPharmacy Board[657]Adopted and FiledRule making related to precursor substances
The Board of Pharmacy hereby amends Chapter 12, “Precursor Substances,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 124B.2(2).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 124B.2(2).Purpose and Summary This amendment temporarily amends Iowa Code section 124B.2(1) to add one chemical as a precursor substance in response to similar action taken by the federal Drug Enforcement Administration.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on April 6, 2022, as ARC 6280C. 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 June 28, 2022.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 August 31, 2022. The following rule-making action is adopted:
ITEM 1. Amend subrule 12.1(1) as follows: 12.1(1) Amend Iowa Code section 124B.2(1) by adding the following new paragraphs: ae. 3,4-MDP-2-P methyl glycidate (PMK glycidate) and its optical and geometric isomers. af. 3,4-MDP-2-P methyl glicidic acid (PMK glycidic acid) and its salts, optical and geometric isomers, and salts of isomers. ag. Alpha-phylacetoacetamide (APAA) and its optical isomers. ah. Methyl alpha-phenylacetoacetate (other names: MAPA; methyl 3-oxo-2-phenylbutanoate) and its optical isomers. [Filed 6/30/22, effective 8/31/22][Published 7/27/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/27/22.