Iowa Legislature: Bulletin_9_7

Bulletin 09-07-2022

Front matter not included

ARC 6500CAgriculture and Land Stewardship Department[21]Notice of Intended Action

Proposing rule making related to pesticide registration fees and providing an opportunity for public comment

The Agriculture and Land Stewardship Department hereby proposes to amend Chapter 45, “Pesticides,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 206.12.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 206.12 as amended by 2022 Iowa Acts, House File 2581.Purpose and Summary This proposed rule making implements 2022 Iowa Acts, House File 2581, by repealing pesticide registration fee language that is no longer relevant.Fiscal Impact This rule making has no fiscal impact to the State of Iowa beyond that of the legislation it is intended to implement.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 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 September 27, 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: 515.518.7609 Email: colin.tadlock@iowaagriculture.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:

ITEM 1. Amend rule 21—45.3(206) as follows:

21—45.3(206) Registration required. No person shall distribute, give, sell or offer to sell any pesticide which has not been registered with the department of agriculture and land stewardship. 45.3(1) Registration fees. All pesticides distributed for sale in the state of Iowa shall be registered pursuant to Iowa Code section 206.12. The registration period shall be January 1 through December 31 of each year. The annual registration fee for each brand and grade of pesticide shall be a minimum of $250 and a maximum of $3000. Intermediate fees shall be determined by multiplying the gross dollar amount of annual sales in Iowa for each pesticide product by one-fifth of 1 percent or 0.002.A registration fee shall be paid for each brand and grade of pesticide.Each registrant shall submit an application for registration on forms approved by the secretary of agriculture. The registration fee for each product shall be submitted with the application for registration. Application for new or initial registrations of pesticide products shall be accompanied by the minimum registration fee of $250. 45.3(2) Renewal fees. Pesticide product registration renewal fees shall be based on the previous year’s gross annual sales with the dollar value derived from the first level of distribution for each pesticide product sold in the state of Iowa. Each registrant shall be responsible for determining total annual Iowa sales data for each pesticide product sold in Iowa whether the pesticide product is distributed for retail sale in Iowa by a manufacturer or from a distributor or wholesaler in the state or from outside the state. Registration renewal fees for pesticide products registered for sale and use in Iowa shall be based on one-fifth of 1 percent of the dollar amount of the total sales for each pesticide product sold. Registration renewal fees shall be a minimum of $250 and a maximum of $3000 per pesticide product for each registration period.The annual sales data for each pesticide product registered in Iowa shall be maintained on file for a minimum of three years with the registrant and shall be made available for audit upon request by the department. 45.3(3) Exemption from minimum fee. A manufacturer or registrant of a pesticide product may file a request for an exemption to the minimum product registration fee of $250 and the secretary may grant an exemption to the minimum registration fee for a period not to exceed one year provided that at least one of the following conditions is met: a. The application is for pesticide product renewal registration; and the total annual sales in Iowa are less than $20,000; and no similar pesticides are registered in the state. A similar pesticide shall be of similar composition and labeled for a similar use pattern provided that the applicant submits a signed affidavit reflecting gross annual sales in Iowa of the pesticide produced for the previous year. b. The pesticide product is formulated or comprised of naturally occurring substances including, but not limited to, plant or animal derivatives or microorganisms, and which has an oral LD50 toxicity of 5000 milligrams per kilogram or greater. c. Pesticides registered under the authority of Section 18 of the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA) for emergency, crisis or public health quarantine situations, when the secretary of agriculture initiates the application. d. Pesticides registered under the authority of Section 24(c) of FIFRA when the secretary of agriculture initiates the application. 45.3(4) Penalty for nonregistered pesticides. a. Any pesticide distributed in Iowa which is not registered in the state shall be subject to Stop Sale, Use or Removal Order. A penalty shall be assessed the registrant equal to 25 percent of the registration fee due to the department. Upon receipt of the required registration fee due and the required penalty, the pesticide product may be released for sale in Iowa for the effective registration period. b. A manufacturer or registrant shall not be subject to penalties for nonregistered discontinued pesticide products if adequate proof can be provided to the department indicating that all distributors and retailers handling a discontinued pesticide product were properly notified. 45.3(5) Discontinued pesticides. Discontinued pesticide product registrations shall be renewed for a minimum of two years after the product is discontinued; and the pesticide product registration renewal application shall identify discontinued products. Any registrant that discontinues registration of a pesticide product shall accept the return of any product in its original unbroken container that remains in the channels of trade after the registration expires. This subrule shall not apply to registered custom blended pesticide products. 45.3(6) Registration renewal grace period. The registration period shall be January 1 through December 31 of each year. However, a registrant shall be granted a grace period of three months ending on the last day of March of each year for registration renewal. A registrant shall be assessed a late fee equaling 25 percent of the registration fees due by the registrant for a registration renewal received on or after the first day of April of each year. Application for registration renewal shall be made on forms prescribed by the secretary and certified by the registrant. This rule is intended to implement Iowa Code section 206.12.ARC 6517CAgriculture and Land Stewardship Department[21]Notice of Intended Action

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

The Agriculture and Land Stewardship Department hereby proposes to amend Chapter 67, “Animal Welfare,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 162.16.State or Federal Law Implemented This rule making implements, in whole or in part, 2022 Iowa Acts, Senate File 2260.Purpose and Summary The proposed rule making implements 2022 Iowa Acts, Senate File 2260, by establishing definitions; requiring that qualified research facilities provide the Department with any agreements they have entered into with an animal shelter or animal rescue organization to ensure compliance with statute; and requiring qualified research facilities to keep records on sales, exchanges, transfers, trades or adoptions for a period of 12 months.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.Public Comment Any interested person may submit written 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 September 27, 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: 515.518.7609 Email: colin.tadlock@iowaagriculture.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:

ITEM 1. Adopt the following new rule 21—67.18(162):

21—67.18(162) Research facilities. 67.18(1) Definitions. For purposes of this rule, the following definitions are used: "Animal rescue organization" means a person other than an animal shelter operating on a nonprofit basis to place unwanted, abandoned, abused, or stray dogs or cats in permanent adopted homes. "Qualified research facility" means the following:

A research facility, including but not limited to a regents institution, that conducts experiments on dogs or cats for research, education, testing, or another scientific purpose, and that receives moneys from the state or federal government.
A research facility that conducts experiments on dogs or cats for research, education, testing, or another scientific purpose, in collaboration with a research facility described in paragraph “1.”

"Retired animal" means a dog or cat confined at a qualified research facility if the dog or cat has been previously used for research, education, testing, or another scientific purpose, and the dog or cat is no longer required to be confined by the qualified research facility for any of those purposes. 67.18(2) Adoption program required. a. A qualified research facility shall enter into a written agreement with an animal shelter or animal rescue organization to facilitate the placement of retired animals. The qualified research facility shall include signed copies of each agreement annually upon renewal of authorization. b. A retired animal must have no substantial medical condition, and pose no safety risk to the public, that would prevent the dog’s or cat’s successful integration into a permanent adoptive home. c. A qualified research facility may offer to transfer ownership and custody of the retired animal to a person for private placement in the person’s permanent adoptive home according to an arrangement agreed to by the qualified research facility and the person. The qualified research facility shall keep a record of the transfer, including contact information of the individual taking possession of the retired animal, and shall retain the record for a period of at least 12 months. 67.18(3) Records required. Records must be made available to the department upon request. A qualified research facility must maintain records and statement of the sale, exchange, transfer, trade or adoption as provided for in rule 21—67.6(162). Records shall be made and retained for a period of 12 months.ARC 6499CAgriculture and Land Stewardship Department[21]Notice of Intended Action

Proposing rule making related to inspection of meat and exotic animals and providing an opportunity for public comment

The Agriculture and Land Stewardship Department hereby proposes to amend Chapter 76, “Meat and Poultry Inspection,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 189A.13.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 189A.Purpose and Summary This proposed rule making implements two changes to federal regulations so that the Department’s Meat and Poultry Bureau can maintain its “at least equal to” status with federal requirements. Specifically, the rule making updates two regulations by reference and implements the following changes: 1. Defines “yak” and includes yaks among exotic animals that are eligible for voluntary inspection, and revises the definitions of “antelope,” “bison,” “buffalo,” “catalo,” “deer,” “elk,” “reindeer,” and “water buffalo” to make them more scientifically accurate. 2. Eliminates the requirement to defibrinate livestock blood that is used as an edible product.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.Public Comment Any interested person may submit written 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 September 27, 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: 515.518.7609 Email: colin.tadlock@iowaagriculture.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend rule 21—76.2(189A) as follows:

21—76.2(189A) Federal Wholesome Meat Act regulations adopted. Part 303, Part 304, Part 305, Part 306, Parts 308 through 315, Parts 317 through 320, Part 329, Part 332, Part 412, Part 416, Part 417, Part 418, Part 424, Part 430, Part 431, Part 441 and Part 442 of Title 9, Chapter III, of the Code of Federal Regulations, revised as of December 31, 20202021, are hereby adopted in their entirety by reference. Part 307 except Sections 307.5 and 307.6 and Part 325 except Sections 325.3 and 325.12 of Title 9, Chapter III, of the Code of Federal Regulations, revised as of July 30, 2018, are hereby adopted in their entirety by reference. Part 500 of Title 9, Chapter III, of the Code of Federal Regulations, revised as of January 1, 2016, is adopted by reference, except that references in Sections 500.5, 500.6, 500.7, and 500.8 to the federal Uniform Rules of Practice are not adopted. This rule is intended to implement Iowa Code sections 189A.3 and 189A.7(8).

ITEM 2. Amend rule 21—76.13(189A) as follows:

21—76.13(189A) Voluntary inspections of exotic animals. Every person wishing to obtain voluntary inspection of exotic animals shall comply with the regulations adopted in this rule.Part 352 of Title 9, Chapter III, of the Code of Federal Regulations, revised as of January 1, 2016December 31, 2021, is hereby adopted in its entirety by reference. This rule is intended to implement Iowa Code chapter 189A.ARC 6516CAgriculture and Land Stewardship Department[21]Notice of Intended Action

Proposing rule making related to E-15 access standard and providing an opportunity for public comment

The Agriculture and Land Stewardship Department hereby proposes to adopt new Chapter 86, “E-15 Access Standard,” 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, 2022 Iowa Acts, House File 2128.Purpose and Summary This proposed rule making implements portions of 2022 Iowa Acts, House File 2128, regarding biofuels access, by establishing a new E-15 access standard chapter. The proposed rule making does the following:

Establishes definitions for the chapter.

Establishes the procedure for ensuring compliance with the E-15 access standard.

Outlines the process for fuel retailers to apply for Class 1 and Class 2 incompatible infrastructure waivers.

Outlines the process for fuel retailers to apply for a small motor fuel retailer exemption.

Specifies terminable events and requires fuel retailers to notify the Department when a terminable event is planned to occur, is occurring, or has occurred.

Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8. Public Comment Any interested person may submit written 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 September 27, 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: 515.518.7609 Email: colin.tadlock@iowaagriculture.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 21—Chapter 86: CHAPTER 86E-15 ACCESS STANDARD

21—86.1(214A) Definitions. "Class 1 waiver" means an incompatible infrastructure class 1 waiver order. "Class 2 waiver" means an incompatible infrastructure class 2 waiver order. "Department" means the department of agriculture and land stewardship. "Motor fuel storage and dispensing infrastructure" means the same as defined in Iowa Code section 214A.1 as amended by 2022 Iowa Acts, House File 2128, section 14. "Retail dealer" means a person engaged in the business of storing and dispensing motor fuel from a motor fuel pump for sale on a retail basis at a retail motor fuel site. "Retail motor fuel site" means a geographic location in this state where a retail dealer sells and dispenses motor fuel on a retail basis. "Special status" means a status assigned to a retail dealer who is ineligible for an incompatible infrastructure class 2 waiver order pursuant to Iowa Code section 214A.35(6) as enacted by 2022 Iowa Acts, House File 2128, section 5.

21—86.2(214A) E-15 access standard—retail dealer compliance. 86.2(1) A retail dealer shall advertise for sale and sell E-15 gasoline pursuant to Iowa Code section 214A.32 as enacted by 2022 Iowa Acts, House File 2128, section 2, unless any of the following apply: a. The retail dealer has been granted an incompatible infrastructure class 1 waiver order; b. The retail dealer has been granted an incompatible infrastructure class 2 waiver order; c. The retail dealer has been granted a small retail motor fuel site exemption. 86.2(2) Failure to comply with this rule may result in the suspension or revocation of the retail dealer’s license.

21—86.3(214A) Incompatible infrastructure waivers. 86.3(1) Class 1 waiver. A retail dealer may apply for a class 1 waiver from the E-15 access standard by submitting a completed application to the department. The retail dealer shall include supporting documentation with the application regarding the retail motor fuel site’s gasoline storage tanks including but not limited to the date of installation and the material that the tank is constructed from. 86.3(2) Class 2 waiver. A retail dealer may apply for a class 2 waiver from the E-15 access standard by submitting a completed application to the department. The retail dealer shall include supporting documentation with the application including a completed inspection report prepared by a certified professional retail motor fuel site installer regarding the compatibility of the retail motor fuel site’s motor fuel storage and dispensing infrastructure to store and dispense E-15 gasoline. The inspection report shall include an inventory of all motor fuel storage and dispensing infrastructure at the retail motor fuel site. The inspection report shall also include the total estimated cost of improving the retail motor fuel site to comply with the alternative E-15 access standard by installing, replacing, or converting the gasoline storage and dispensing infrastructure located at the retail motor fuel site. 86.3(3) Special status. If it is determined that a retail dealer is ineligible for a class 2 waiver, the department shall assign the retail dealer special status and shall forward the designation to the renewable fuel infrastructure fund board and relevant department staff.

21—86.4(214A) Small retail motor fuel site exemption. 86.4(1) A retail dealer may apply for a small retail motor fuel site exemption from the E-15 access standard by submitting a completed application to the department. The retail dealer shall provide the department with the retail motor fuel site’s total gasoline gallonage for calendar years 2020, 2021, and 2022 at the time of application. The department shall share the information provided by the retail dealer with the department of revenue to certify that the total gasoline gallonage is accurate. Once the gasoline gallonage is certified, the department shall grant an exemption if the average annual gasoline gallonage is less than 300,000 gallons for the qualifying phase. 86.4(2) The department will use the following methodology to determine the average annual gasoline gallonage: a. For a retail dealer who has operated a retail motor fuel site for less than three years, all available sales data will be used to determine eligibility. b. In cases where three full years of sales data are unavailable, the available sales data will be divided by the time frame the data represents to determine average annual sales.

21—86.5(214A) Terminable events. 86.5(1) A retail dealer shall notify the department when a terminable event is planned to occur, is occurring, or has occurred. Failure to notify the department may result in the termination of a class 1 waiver, class 2 waiver, or small retail motor fuel site exemption. The department may also suspend or revoke the retail dealer’s license. 86.5(2) A terminable event includes: a. The failure of a retail dealer to be licensed as required under Iowa Code section 214.2 to use a commercial weighing and measuring device when dispensing gasoline at the retail motor fuel site; b. The cessation of the retail dealer’s business of advertising for sale or selling gasoline at the retail motor fuel site; c. The installation, replacement, or conversion of a gasoline storage tank located at the retail motor fuel site. These rules are intended to implement Iowa Code chapter 214A and 2022 Iowa Acts, House File 2128.ARC 6514CDental Board[650]Notice of Intended Action

Proposing rule making related to dental assistant registration and dental radiography qualification and providing an opportunity for public comment

The Dental Board hereby proposes to amend Chapter 1, “Administration,” Chapter 11, “Licensure to Practice Dentistry or Dental Hygiene,” Chapter 15, “Fees,” Chapter 20, “Dental Assistants,” and Chapter 22, “Dental Assistant Radiography Qualification,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 147.76 and 153.39.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 136C, 147 and 272C and section 153.39.Purpose and Summary The proposed amendments would eliminate the formal application process for dental assistant trainee status and would allow dental assistants to train on the job for the purposes of registration for 12 months from the date of the start of employment in accordance with Iowa Code section 153.39. The proposed amendments move all licensing and registration requirements to a single chapter, Chapter 11. Additionally, the proposed amendments update the requirements for registration as a dental assistant and for qualification in dental radiography. The intention of the proposed amendments is to lower barriers for individuals entering the dental assisting workforce. The proposed amendments would also amend the definition of “personal supervision” to allow more flexibility in the training of dental assistant trainees as delegated by a licensed dentist.Fiscal Impact This rule making will have minimal fiscal impact to the State of Iowa. Currently, the Board receives approximately $15,000 in revenue from dental assistant trainee applications. This revenue source would be eliminated if the formal application for dental assistant trainee status is no longer required. Jobs Impact After analysis and review of this rule making, there will be a positive impact on jobs in Iowa because the rule making would ease the requirements for dental assistant registration or dental radiography qualification.Waivers Any person who believes that the application of the discretionary provisions of this rule making, with respect to amendments to Chapters 1, 11, 20, and 22, would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to rule 650—7.4(17A,147,153). The amendments to Chapter 15 are not subject to a request for waiver. 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 September 30, 2022. Comments should be directed to: Christel Braness Iowa Dental Board 400 S.W. Eighth Street, Suite D Des Moines, Iowa 50309 Phone: 515.281.3248 Fax: 515.281.7969 Email: christel.braness@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 650—1.1(153), definitions of “Direct supervision,” “General supervision of a dental assistant” and “Personal supervision,” as follows: "Direct supervision" means that the dentist is present in the treatment facility, but it is not required that the dentist be physically present in the treatment room, or the dentist is not present in the treatment facility but is able to appear using live video upon request with a response time similar to what would be expected if the dentist were present in the treatment facility. "General supervision of a dental assistant" means that a dentist has examined the patient and has delegated the services to be provided by a registered dental assistant, which are limited to all extraoral duties, dental radiography, intraoral suctioning, and use of a curing light and intraoral camera. The dentist need not be present in the facility while these services are being provided.If a dentist will not be present, the following requirements shall be met:

Patients or their legal guardians must be informed prior to the appointment that no dentist will be present and therefore no examination will be conducted at that appointment.
The dental assistant must consent to the arrangement.
Basic emergency procedures must be established and in place, and the dental assistant must be capable of implementing these procedures.
The treatment to be provided must be prior-prescribed by a licensed dentist and must be entered in writing in the patient record.

"Personal supervision" means the dentista licensee or registrant is physically present in the treatment room to oversee and directinstruct all intraoral or chairside services of the dental assistant trainee and a licensee or registrant is physically present to oversee and direct all extraoral services of the dental assistantas delegated by a licensed dentist.

ITEM 2. Adopt the following new definition of “Dental assistant trainee” in rule 650—1.1(153): "Dental assistant trainee" means any person who is engaging in on-the-job training to meet the requirements for registration in accordance with Iowa Code section 153.39 and who is learning the necessary skills under the personal supervision of a licensee or registrant as delegated by a licensed dentist.

ITEM 3. Amend 650—Chapter 11, title, as follows:LICENSURE TO PRACTICE DENTISTRY OR DENTAL HYGIENEAND REGISTRATION

ITEM 4. Amend rule 650—11.1(147,153) as follows:

650—11.1(147,153) Applicant responsibilities. An applicant for dental or dental hygiene licensureor dental assistant registration bears full responsibility for each of the following:

Paying all fees charged by regulatory authorities, national testing or credentialing organizations, health facilities, and educational institutions providing the information required to complete a license, registration or permit application; and
Providing accurate, up-to-date, and truthful information on the application form including, but not limited to, prior professional experience, education, training, examination scores, and disciplinary history.; and
Submitting complete application materials. An application for a license, permit, or registration or reinstatement of a license or registration will be considered active for 180 days from the date the application is received. For purposes of establishing timely filing, the postmark on a paper submittal will be used, and for applications submitted online, the electronic timestamp will be deemed the date of filing. If the applicant does not submit all materials, including a completed fingerprint packet, within this time period or if the applicant does not meet the requirements for the license, permit, registration or reinstatement, the application shall be considered incomplete. An applicant whose application is filed incomplete must submit a new application and application fee.

This rule is intended to implement Iowa Code sections 147.2 and 153.39.

ITEM 5. Renumber rules 650—11.8(147,153) to 650—11.12(272C) as 650—11.10(147,153) to 650—11.14(272C).

ITEM 6. Adopt the following new rule 650—11.8(153):

650—11.8(153) Dental assistant registration. 11.8(1) General. An applicant must satisfy all of the following requirements: a. Successful completion of board-approved training or education in dental assisting in accordance with subrule 11.8(2); b. Evidence of current certification in cardiopulmonary resuscitation that included a hands-on component; and c. Successful completion of board-approved examination in the areas of infection control/hazardous materials and jurisprudence in accordance with subrule 11.8(3). Successful completion of board-approved examination in the area of dental radiography is also required if an applicant is applying for a radiography qualification in accordance with rule 650—22.5(136C,153). 11.8(2) Education and training. An applicant must meet one of the following: a. Work in a dental office as a dental assistant trainee until competency is achieved as determined by the supervising dentist; b. Work as a dental assistant in another state, district or territory within five years prior to the date of application; or c. Be a graduate of an accredited dental assisting program. 11.8(3) Examination. An applicant for registration must successfully complete examinations as required pursuant to subrule 11.8(2). Applicants may complete a single comprehensive examination or complete separate board-approved examinations in the required areas. a. The following examinations are approved for the purposes of this subrule: (1) Board-approved examinations; (2) The Dental Assisting National Board’s (DANB’s) Infection Control Examination (ICE); (3) The DANB’s Radiation Health and Safety (RHS) Examination; (4) Examinations administered by accredited dental assisting programs; or (5) Board-approved continuing education courses, which include posttest examination. b. A score of 75 percent or better on the board-approved examinations shall be considered successful completion of the examination. The board also accepts the passing standard established by DANB for applicants who take the ICE or RHS examination. c. An examinee must meet such other requirements as may be imposed by the board’s approved dental assistant testing centers. 11.8(4) Applications. Applications for registration as a registered dental assistant must be filed on official board forms and include the following: a. The fee as specified in 650—Chapter 15. b. Evidence of meeting the education and training requirements specified in subrule 11.8(2). c. Evidence of successful completion of a board-approved examination in the areas of infection control, hazardous materials and jurisprudence as specified in subrule 11.8(3), and dental radiography, if the applicant is also applying for a qualification in dental radiography in accordance with rule 650—22.5(136,153). d. Evidence of meeting the qualifications of 650—Chapter 22 if the applicant is engaging in dental radiography. e. Evidence of current certification in cardiopulmonary resuscitation that included a hands-on component. f. Any additional information required by the board relating to the character, education and experience of the applicant as may be necessary to evaluate the applicant’s qualifications. 11.8(5) Attestation. All applications must be signed and verified by the applicant as to the truth of the documents and statements contained therein. 11.8(6) Alternate pathway for registration. A dental assistant who is licensed or registered in another jurisdiction but who is unable to satisfy the requirements for registration in this rule may apply for registration by verification, if eligible, in accordance with rule 650—11.9(272C). This rule is intended to implement Iowa Code section 153.39.

ITEM 7. Adopt the following new rule 650—11.9(272C):

650—11.9(272C) Registration by verification. Registration by verification is available in accordance with the following: 11.9(1) Eligibility. A dental assistant may seek registration by verification if the person is currently licensed or registered as a dental assistant in at least one other jurisdiction that has a scope of practice substantially similar to that of Iowa, the person has been licensed or registered for a minimum of one year in the other jurisdiction, and either: a. The person relocates and establishes residency in the state of Iowa; or b. The person is married to an active duty member of the military forces of the United States and is accompanying the member on an official permanent change of station to a military installation located in the state of Iowa. 11.9(2) Board application. The applicant must submit the following: a. A completed application for registration. b. Payment of the application fee. c. A verification form, completed by the licensing authority in the jurisdiction that issued the applicant’s license or registration, verifying that the applicant’s license or registration in that jurisdiction complies with the requirements of Iowa Code section 272C.12. The completed verification form must be sent directly from the licensing authority to the board. d. Proof of residency in the state of Iowa or proof of military member’s official permanent change of station. Proof of residency includes: (1) A residential mortgage, lease, or rental agreement; (2) A utility bill; (3) A bank statement; (4) A paycheck or pay stub; (5) A property tax statement; (6) A federal or state government document; or (7) Any other board-approved document that reliably confirms Iowa residency. e. Evidence of successful completion of a board-approved jurisprudence examination with a grade of at least 75 percent. f. Copies of complete criminal record, if the applicant has a criminal history. g. A copy of the relevant disciplinary documents, if another jurisdiction has taken disciplinary action against the applicant. h. A written statement from the applicant detailing the scope of practice in the other state. i. Copies of relevant laws setting forth the scope of practice in the other state. 11.9(3) Applicants with prior discipline. If another jurisdiction has taken disciplinary action against an applicant, the board will determine whether the cause for the disciplinary action has been corrected and the matter has been resolved. If the board determines the disciplinary matter has not been resolved, the board will neither issue a registration nor deny the application for registration until the matter is resolved. A person who has had a license or registration revoked, or who has voluntarily surrendered a license or registration, in another jurisdiction is ineligible for registration by verification. 11.9(4) Applicants with pending complaints or investigations. If an applicant is currently the subject of a complaint, allegation, or investigation relating to unprofessional conduct pending before any regulating entity in another jurisdiction, the board will neither issue a registration nor deny the application for registration until the complaint, allegation, or investigation is resolved. 11.9(5) Temporary registrations. Applicants who satisfy all requirements for a registration under this rule except for passing the jurisprudence examination may be issued a temporary registration in accordance with the following: a. A temporary registration is valid for a period of three months. b. A temporary registration may be renewed once for an additional period of three months if the applicant has not failed the jurisprudence examination. c. A temporary registrant shall display the board-issued registration renewal card that indicates the registration is a temporary registration, which will satisfy the requirements in rule 650—10.2(147,153). d. The temporary registrant must submit proof of passing the jurisprudence examination before the temporary registration expires. When the temporary registrant submits proof of passing the jurisprudence examination, the temporary registration will convert to a standard registration and be assigned an expiration date consistent with standard registrations. e. If the temporary registrant does not submit proof of passing the jurisprudence examination prior to the expiration of the temporary registration, the temporary registrant must cease practice until a standard registration is issued. This rule is intended to implement Iowa Code section 272C.12.

ITEM 8. Adopt the following new implementation sentence in renumbered rule 650—11.10(147): This rule is intended to implement Iowa Code section 15.33B.

ITEM 9. Amend renumbered rule 650—11.11(147,153) as follows:

650—11.11(147,153) Grounds for denial of application. The board may deny an application for license, registration or permit for any of the following reasons:

Failure to meet the requirements for license, registration or permit as specified in these rules.
Failure to provide accurate and truthful information, or the omission of material information.
Pursuant to Iowa Code section 147.4, upon any of the grounds for which licensureor registration may be revoked or suspended.
Pursuant to 650—Chapter 50, for having a disqualifying offense.

This rule is intended to implement Iowa Code section 147.4.

ITEM 10. Amend renumbered rule 650—11.12(147) as follows:

650—11.12(147) Denial of licensure—appeal procedure. 11.12(1) Preliminary notice of denial. Prior to the denial of licensureor registration to an applicant, the board shall issue a preliminary notice of denial that shall be sent to the applicant by regular, first-class mail. The preliminary notice of denial is a public record and shall cite the factual and legal basis for denying the application, notify the applicant of the appeal process, and specify the date upon which the denial will become final if it is not appealed. 11.12(2) Appeal procedure. An applicant who has received a preliminary notice of denial may appeal the notice and request a hearing on the issues related to the preliminary notice of denial by serving a request for hearing upon the executive director not more than 30 calendar days following the date when the preliminary notice of denial was mailed. The request is deemed filed on the date it is received in the board office. The request shall provide the applicant’s current address, specify the factual or legal errors in the preliminary notice of denial, indicate if the applicant wants an evidentiary hearing, and provide any additional written information or documents in support of licensure. 11.12(3) Hearing. If an applicant appeals the preliminary notice of denial and requests a hearing, the hearing shall be a contested case and subsequent proceedings shall be conducted in accordance withrule650—51.20(17A). Licenseor registration denial hearings are open to the public. Either party may request issuance of a protective order in the event privileged or confidential information is submitted into evidence. a. The applicant shall have the ultimate burden of persuasion as to the applicant’s qualification for licensure. b. The board, after a hearing on licenseor registration denial, may grant the licenseor registration, grant the licenseor registration with restrictions, or deny the licenseor registration. The board shall state the reasons for its final decision, which is a public record. c. Judicial review of a final order of the board to deny a licenseor registration, or to issue a licenseor registration with restrictions, may be sought in accordance with the provisions of Iowa Code section 17A.19. 11.12(4) Finality. If an applicant does not appeal a preliminary notice of denial, the preliminary notice of denial automatically becomes final and a notice of denial will be issued. The final notice of denial is a public record. 11.12(5) Failure to pursue appeal. If an applicant appeals a preliminary notice of denial in accordance withsubrule11.10(2), but the applicant fails to pursue that appeal to a final decision within six months from the date of the preliminary notice of denial, the board may dismiss the appeal. The appeal may be dismissed after the board sends a written notice by first-class mail to the applicant at the applicant’s last-known address. The notice shall state that the appeal will be dismissed and the preliminary notice of denial will become final if the applicant does not contact the board to schedule the appeal hearing within 14 days after the written notice is sent. Upon dismissal of an appeal, the preliminary notice of denial becomes final. 11.12(6) Disqualifying offenses. Any denial of licensureor registration based on a disqualifying offense is governed by 650—Chapter 50 and not this rule. This rule is intended to implement Iowa Code sections 147.3, 147.4 and 147.29.

ITEM 11. Adopt the following new implementation sentence in renumbered rule 650—11.12(272C): This rule is intended to implement Iowa Code section 272C.12.

ITEM 12. Rescind subrule 15.4(12).

ITEM 13. Renumber subrules 15.4(13) to 15.4(16) as 15.4(12) to 15.4(15).

ITEM 14. Amend rule 650—20.1(153) as follows:

650—20.1(153) Registration required. A person shall not practice on or after July 1, 2001, as a dental assistant unless the person has registered with the board and received a certificate of registration pursuant to this chapterdental assisting without a certificate of registration issued by the board pursuant to rule 650—11.8(153), unless practicing as a dental assistant trainee.

ITEM 15. Amend rule 650—20.2(153) as follows:

650—20.2(153) Definitions. As used in this chapter: "Dental assistant" means any person who, under the supervision of a dentist, performs any extraoral services including infection control or the use of hazardous materials or performs any intraoral services on patients. The term “dental assistant” does not include persons otherwise actively licensed in Iowa to practice dental hygiene or nursing who are engaged in the practice of said profession. "Dental assistant trainee" means any person who is engaging in on-the-job training to meet the requirements for registrationin accordance with Iowa Code section 153.39 and who is learning the necessary skills under the personal supervision of a licensed dentistlicensee or registrant. Traineeswho are 18 years of age or older may also engage in on-the-job training in dental radiography pursuant torule650—22.3(136C,153). "Direct supervision" means that the dentist is present in the treatment facility, but it is not required that the dentist be physically present in the treatment room while the registered dental assistant is performing acts assigned by the dentist. "General supervision" means that a dentist has examined the patient and has delegated the services to be provided by a registered dental assistant, which are limited to all extraoral duties, dental radiography, intraoral suctioning, and use of a curing light, intraoral digital imaging and intraoral camera. The dentist need not be present in the facility while these services are being provided. "Personal supervision" for intraoral procedures means the dentist is physically present in the treatment room to oversee and direct all intraoral or chairside services of the dental assistant trainee. “Personal supervision” for extraoral procedures means a licensee or registrant is physically present in the treatment room to oversee and direct all extraoral services of the dental assistant trainee. "Public health supervision" means all of the following:

The dentist authorizes and delegates the services provided by a registered dental assistant to a patient in a public health setting, with the exception that services may be rendered without the patient’s first being examined by a licensed dentist;
The dentist is not required to provide future dental treatment to patients served under public health supervision;
The dentist and the registered dental assistant have entered into a written supervision agreement that details the responsibilities of each licensee/registrant, as specified in subrule 20.15(2)20.9(2); and
The registered dental assistant has an active Iowa registration and a minimum of one year of clinical practice experience.

"Registered dental assistant" means any person who has met the requirements for registration and has been issued a certificate of registration. "Trainee status expiration date" means 12 months from the date of issuanceemployment as a dental assistant trainee.

ITEM 16. Rescind rule 650—20.3(153) and adopt the following new rule in lieu thereof:

650—20.3(153) Dental assistants. 20.3(1) Dental assistant trainee. a. Dental assistant trainees are individuals who are engaging in on-the-job training to meet the requirements for registration and who are learning the necessary skills under the personal supervision of a licensee or registrant. Trainees who are 18 years of age or older may also engage in on-the-job training in dental radiography pursuant to rule 650—22.3(136C,153). b. The dental assistant trainee shall: (1) Successfully complete on-the-job training and examinations in the areas of infection control, hazardous materials, and jurisprudence. (2) If the trainee fails to become registered by the trainee status expiration date, stop work as a dental assistant trainee. 20.3(2) Registered dental assistant. Registered dental assistants are individuals who have met the requirements for registration and have been issued a certificate of registration. A registered dental assistant may, under direct supervision, assist a dentist in performing duties assigned by the dentist that are consistent with these rules. The registered dental assistant may take radiographs if qualified pursuant to 650—Chapter 22.

ITEM 17. Rescind rules 650—20.5(153) to 650—20.10(153).

ITEM 18. Renumber rules 650—20.11(153) to 650—20.16(153) as 650—20.5(153) to 650—20.10(153).

ITEM 19. Rescind rule 650—20.17(272C).

ITEM 20. Amend subrule 22.3(2) as follows: 22.3(2) A person registered as a dental assistant trainee pursuant to 650—Chapter 20,or an Iowa-licensed nurse, who is engaging in on-the-job training in dental radiography and who is using curriculum approved by the board for such purpose.

ITEM 21. Amend rules 650—22.4(136C,153) and 650—22.5(136C,153) as follows:

650—22.4(136C,153) Application requirements for dental radiography qualification. Applicants must apply for registration as a dental assistant or hold an active license issued by the board of nursing.Applications for dental radiography qualification must be filed on official board forms and include the following: 22.4(1) Evidence of one of the following requirements: a. The applicant is a dental assistant traineewho has completed on-the-job training or registered dental assistant with an active registration status; b. The applicant is a graduate of an accredited dental assisting program; or c. The applicant is a nurse who holds an active Iowa license issued by the board of nursing.and has completed on-the-job training; or d. The applicant practiced as a dental assistant in another state within the previous five years, and that practice included clinical experience taking dental radiographs. 22.4(2) The fee as specified in 650—Chapter 15. 22.4(3) Evidence of successful completion, within the previous twofive years, of a board-approved course of studyeducation, clinical training and examination in the area of dental radiography. The course of study must include application of radiation to humans pursuant to Iowa Code section 136C.3 and may be taken by the applicant:The education and clinical training may be completed on the job as a dental assistant, as part of an accredited dental assisting program, or through the Dental Assisting National Board (DANB). a. On the job while under trainee status pursuant to 650—Chapter 20, using board-approved curriculum; b. At a board-approved postsecondary school; or c. From another program prior-approved by the board. 22.4(4) Evidence of successful completion of a board-approved examination in the area of dental radiography. 22.(5) 22.4(4) Any additional information required by the board relating to the character, education, and experience of the applicant as may be necessary to evaluate the applicant’s qualifications.

650—22.5(136C,153) Examination requirements. An applicant for dental assistant radiography qualification shall successfully pass a board-approvedan examination in dental radiography. 22.5(1) Examinations must be prior approved by the board and must be administered in a proctored setting. All board-approved examinations must have a minimum of 50 questions. The Dental Assisting National Board Radiation Health and Safety Examination is an approved examination. 22.5(1) Examination may be completed as part of one of the following: a. The board’s examination for dental assistants, which includes sections on infection control/hazardous materials, radiography, and jurisprudence; b. A board-approved examination in the area of dental radiography; c. The DANB’s Radiation Health and Safety (RHS) Examination; d. An examination in the area of dental radiography administered by accredited dental assisting programs; or e. A board-approved continuing education course in the area of dental radiography, which includes a posttest examination at the conclusion of the course. 22.5(2) A score of 75 percent or better on a board-approved examination shall be considered successful completion of the examination. The board accepts the passing standard established by the Dental Assisting National BoardDANB for applicants who take the Dental Assisting National Board Radiation Health and SafetyDANB’s RHS Examination. 22.5(3) Information on taking a board-approved examination may be obtained by contacting the board office at 400 SW 8th Street, Suite D, Des Moines, Iowa 50309-4687. 22.(4) 22.5(3) A dental assistant must meet such other requirements as may be imposed by the board’s approved dental assistant testing centers.ARC 6515CDental Board[650]Notice of Intended Action

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

The Dental Board hereby proposes to amend Chapter 23, “Expanded Functions,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 147.76 and chapter 153.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 153.Purpose and Summary These proposed amendments update the rules related to expanded functions. The proposed amendments lower the clinical practice requirement following registration for dental assistants to train in expanded functions and provide greater flexibility to train in the functions. Additionally, the rule making moves some of the Level 2 expanded functions to Level 1 designation for the purposes of training.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, there will be a positive impact on jobs in Iowa as the rule making allows licensees and registrants greater flexibility to grow within the profession.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to rule 650—7.4(17A,147,153). 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 September 30, 2022. Comments should be directed to: Christel Braness Iowa Dental Board 400 S.W. Eighth Street, Suite D Des Moines, Iowa 50309 Phone: 515.242.6369 Fax: 515.281.7969 Email: christel.braness@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 actions are proposed:

ITEM 1. Rescind the definitions of “Direct supervision,” “General supervision of a dental assistant,” “General supervision of a dental hygienist” and “Provisional restoration” in rule 650—23.1(153).

ITEM 2. Amend subrules 23.2(2) and 23.2(3) as follows: 23 23.2 2(2) To be eligible to train in Level 1 expanded function procedures, dental hygienists or dental assistants must comply with one of the following: a. Hold an active dental hygiene license in Iowa; or b. Hold an active dental assistant registration, and comply with at least one of the following: (1) Be a graduate of an accredited school; or (2) Be currently certified by the Dental Assisting National Board (DANB); or (3) Have at least one yearthree months of clinical practice as a registered dental assistant; or (4) Have at least one yearthree months of clinical practice as a dental assistant in a state that does not require registration. 23 23.2 2(3) A dentist who delegates Level 1 or Level 2 expanded function procedures to dental hygienists or dental assistants under direct supervision must examine the patient to review the quality of work prior to the conclusion of the dental appointment. The following expanded function procedures are exempt from this requirement and may be performed under general supervision: a. Recementation of a provisional restoration. b. Taking occlusal registrations for purposes other than mounting study casts by Level 1 or Level 2 dental hygienists only.

ITEM 3. Amend rule 650—23.3(153) as follows:

650—23.3(153) Expanded function categories. Dental hygienists and dental assistants must be issued a certificate of completion for the corresponding function in which training has been completed by a board-approved training program before performing a specific expanded function procedure. A dentist may delegate to dental hygienists or dental assistants only those expanded function procedures in which training has been successfully completed. 23.3(1) Basic Level 1. Dental hygienists or dental assistants who train in some, but not all, Level 1 expanded function procedures are deemed to be basic expanded function dental hygienists or dental assistants. Dental hygienists and dental assistants must be issued a certificate of completion for the corresponding function by a board-approved training program before performing a specific expanded function procedure. A dentist may delegate to dental hygienists or dental assistants only those Level 1 expanded function procedures for which training has been successfully completed.Level 1 expanded functions may be taught by board-approved training providers using curriculum prior-approved by the board. 23.3(2) Certified Level 1. Expanded function dental hygienists or dental assistants who have successfully completed training for all Level 1 expanded function procedures and have been issued a certificate of completion by a board-approved training program are deemed to be certified Level 1 dental hygienists or dental assistants. 23.(3) 23.3(2) Certified Level 2. Before beginning Level 2 training to become certified in Level 2, expanded function dental hygienists or dental assistants must have a minimum of one year of clinical practice as a certified Level 1 dental hygienist or dental assistant and pass an entrance examination administered by the Level 2 training program.Training in Level 2 expanded functions must be completed at the University of Iowa College of Dentistry or another accredited school using curriculum approved by the board. Before beginning Level 2 training, dental assistants and dental hygienists must complete all prerequisites established by the accredited school for the Level 2 training to be completed. a. Dental hygienists or dental assistants who have successfully completed training in Level 2 expanded function procedures and have been issued a certificate of completion by a board-approved training program are deemed to be certified Level 2 dental hygienists or dental assistants. b. A dentist may delegate any Level 1 or Level 2 expanded function procedures to dental hygienists or dental assistants who are certified Level 2.

ITEM 4. Amend rule 650—23.4(153) as follows:

650—23.4(153) Level 1 expanded function procedures for dental assistants. Level 1 expanded function procedures for dental assistants include: 23.4(1) Taking occlusal registrations; 23.4(2) Placement and removal of gingival retraction material; 23.4(3) Fabrication, temporary cementation, and removal of provisional restorationsfollowing review of the fit and function by the supervising dentist, and temporary recementation of provisional restorations; 23.4(4) Applying cavity liners and bases; desensitizing agents; and bonding systems, to include the placement of orthodontic brackets, following the determination of location by the supervising dentist; 23.4(5) Applying desensitizing agents; 23.4(6) Applying bonding systems, which may include the placement of orthodontic brackets and bands, following review of the fit and function by the supervising dentist; 23.(5) 23.4(7) Monitoring of patients receiving nitrous oxide inhalation analgesia, which may include increasing oxygen levels as needed, pursuant to the following: a. A dentist shall induce a patient and establish the maintenance level; b. A dental assistant may make adjustments that decrease the nitrous oxide concentration during the administration of nitrous oxide; c. A dental assistant may turn off the oxygen delivery at the completion of the dental procedure; 23.(6) 23.4(8) Taking final impressions; 23.(7) 23.4(9) Removal of adhesivesor orthodontic brackets or bands using nonmotorized hand instrumentation; 23.(8) 23.4(10) Placement of Class 1 temporary fillingrestorative materials; and 23.4(9) Recementation of provisional restorations. 23.4(11) Placement of intracoronal temporary restorative materials following preparation of a tooth by a dentist; 23.4(12) Extraoral adjustment to acrylic dentures without making any adjustments to the prosthetic teeth; and 23.4(13) Tissue conditioning (soft reline only).

ITEM 5. Amend rule 650—23.5(153) as follows:

650—23.5(153) Level 1 expanded function procedures for dental hygienists. Level 1 expanded function procedures for dental hygienists include: 23.5(1) Taking occlusal registrations; 23.5(2) Placement and removal of gingival retraction material; 23.5(3) Fabrication, temporary cementation, and removal of provisional restorationsfollowing review of the fit and function by the supervising dentist, and temporary recementation of provisional restorations; 23.5(4) Applying cavity liners and bases and applying bonding systems for restorative purposes, including the placement of orthodontic brackets, following the determination of location by the supervising dentist; 23.5(5) Applying bonding systems, which may include the placement of orthodontic brackets and bands, following review of the fit and function by the supervising dentist; 23.(5) 23.5(6) Taking final impressions; 23.5(7) Removal of orthodontic brackets or bands; 23.(6) 23.5(8) Placement of Class 1 temporary fillingrestorative materials; and 23.5(7) Recementation of provisional restorations. 23.5(9) Placement of intracoronal temporary restorative material following preparation of a tooth by a dentist; 23.5(10) Extraoral adjustment to acrylic dentures without making any adjustments to the prosthetic teeth; and 23.5(11) Tissue conditioning (soft reline only).

ITEM 6. Amend rule 650—23.6(153) as follows:

650—23.6(153) Level 2 expanded function procedures for dental hygienists and dental assistants. 23.6(1) Level 2 expanded function procedures for dental hygienists and dental assistants include: a. Placement and shaping of amalgam following preparation of a tooth by a dentist; b. Placement and shaping of adhesive restorative materials following preparation of a tooth by a dentist; c. Polishing of adhesive restorative material using a slow-speed handpiece;and d. Fitting of stainless steel crowns on primary posterior teeth, and cementation after fit verification by a dentist;. e. Tissue conditioning (soft reline only); f. Extraoral adjustment to acrylic dentures without making any adjustments to the prosthetic teeth; and g. Placement of intracoronal temporary fillings following preparation of a tooth by a dentist. 23.6(2) Level 2 expanded function procedures for dental assistants include the placement of sealants. The placement of sealants is included in the scope of practice for dental hygienists and is not considered an expanded function for dental hygienists. 23.6(3) These Level 2 expanded function procedures refer to both primary and permanent teeth except as otherwise noted.Training in Level 2 expanded functions may be separated between application of the services on primary or permanent teeth as determined by the accredited training provider.

ITEM 7. Amend rule 650—23.7(153) as follows:

650—23.7(153) Expanded function training. 23.7(1) Approved expanded function training programs. Training programs for Level 1 and Level 2 expanded function procedures must be board-approved. Training programs for Level 2 expanded function procedures shall be eligible for board approval if the training is offered through the University of Iowa College of Dentistry or another accredited school. 23.7(2) Certificates of completion. All board-approved training programs are authorized and required to issue certificates to dental hygienists and dental assistants who successfully complete expanded function training. A certificate shall be issued for one or more of the listed expanded function procedures completed as Basic Level 1, or a certificate shall be issued for Certified Level 1 or Certified Level 2. Dental hygienists and dental assistants shall prominently display the expanded functions certificate in each dental facility where services are provided. 23.7(3) Training requirements. Training may be completed in one or more of the listed expanded function procedures. Clinical training in expanded function procedures must be completed under observational supervision. Beginning January 1, 2020, Level 1 expanded function training must consist of the following: a. An initial assessment to determine the base entry level of all participants in the program; b. Completion of a training program that meets the following minimum standards for each function: (1) Taking occlusal registrations:Goal: To reproduce the patient’s jaw relationship accurately.Standard: Demonstrate an accurate occlusal registration confirmed by a supervising dentist.Minimum training requirement: One hour of didactic training, and clinical training that includes a minimum of five patient experiences under observational supervision. (2) Placement and removal of gingival retraction material:Goal: To expose the margins of a crown by displacing tissue from the tooth. Standard: Perform the procedural steps to place and remove retraction material and recognize oral conditions and techniques that may compromise tissue displacement or patient health. Minimum training requirement: Two hours of didactic training, the equivalent of one hour of laboratory training that includes a minimum of three experiences, and clinical training that includes a minimum of five patient experiences under observational supervision. (3) Fabrication, temporary cementation, temporary recementation, and removal of provisional restorations:Goal: To replicate the anatomy and function of the natural tooth, prior to the final restoration, and secure the provisional restoration to a previously prepared tooth after the provisional restoration has become loose or dislodged.Standard: Use various methods to fabricate and temporarily cement single-unit and multiunit provisional restorations.Minimum training requirement: Four hours of didactic training, the equivalent of four hours of laboratory training that includes a minimum of five experiences, and clinical training that includes a minimum of ten patient experiences under observational supervision. (4) Applying cavity liners and bases; desensitizing agents; and bonding systems, to include the placement of orthodontic brackets, following the determination of location by the supervising dentist:Goal: To apply appropriate material that protects existing tooth structure and adheres existing tooth structure to restorative materials.Standard: Manipulate and apply appropriate material to meet clinical competency.Minimum training requirement: Two hours of didactic training, the equivalent of one hour of laboratory training that includes a minimum of two experiences, and clinical training that includes a minimum of 5five patient experiences in each one of these areas (for a total of 15 patient experiences under observational supervision). (5) Applying desensitizing agents:Goal: To apply appropriate medicaments to minimize sensitivity to existing tooth structure.Standard: Apply appropriate medicaments to meet clinical competency.Minimum training requirement: One hour of didactic training and clinical training that includes a minimum of five patient experiences under observational supervision. (6) Applying bonding systems, which may include the placement of orthodontic brackets and bands, following review of the fit and function by the supervising dentist:Goal: To apply appropriate material and systems that adhere to the existing tooth structure.Standard: Manipulate and apply appropriate material and systems to meet clinical competency.Minimum training requirement: Two hours of didactic training, the equivalent of one hour of laboratory training that includes a minimum of two experiences, and clinical training that includes a minimum of five patient experiences under observational supervision. (5) (7) Monitoring of patients receiving nitrous oxide inhalation analgesia, pursuant to subrule 23.4(5)23.4(7): Goal: Understand the equipment, recognize the signs of patient distress or adverse reaction, and know when to call for help.Standard: Exercise the ability to maintain patient safety while nitrous oxide is used.Minimum training requirement: Two hours of didactic training, one hour of laboratory training in the office where the dental hygienist or dental assistant is employed, and five patient experiences under observational supervision. (6) (8) Taking final impressions:Goal: Reproduce soft and hard oral tissues, digitally or with impression materials.Standard: Complete the procedural steps to obtain a clinically acceptable final impression.Minimum training requirement: Three hours of didactic training, and the equivalent of clinical training that includes a minimum of six patient experiences under observational supervision. (7) (9) Removal of adhesivesor orthodontic brackets and bands using nonmotorized hand instrumentation:Goal: Remove excess adhesives and bonding materials to eliminate soft tissue irritation, and remove brackets and bands used in orthodontic treatment.Standard: Identify how, when and where to remove excessive bonding or adhesive materialor orthodontic brackets and bands.Minimum training requirement: One hour of didactic training, and clinical training that includes a minimum of five patient experiences under observational supervision. (8) (10) Placement of Class 1 temporary fillingrestorative materials:Goal: Place Class 1 temporary fillingrestorative materials following preparation of a tooth by a dentist.Standard: Identify how, when and where to place Class 1 temporary fillingrestorative materials.Minimum training requirement: One hour of didactic training, and clinical training that includes a minimum of five patient experiences under observational supervision. (9) Recementation of provisional restorations:Goal: Secure the provisional restoration to a previously prepared tooth after the provisional restoration has become loose or dislodged. Standard: Use various methods to fabricate and temporarily cement single-unit and multiunit provisional restorations. Minimum training requirement: If this training is completed in conjunction with training in fabrication, temporary cementation and removal of provisional crown and bridge restorations, the training requirements may be combined since the procedures are related. If this training is being completed separately, the same training requirements for fabrication, temporary cementation and removal of provisional restorations applies. (11) Placement of intracoronal temporary restorative materials following preparation of a tooth by a dentist:Goal: To place intracoronal temporary restorative materials following preparation of a tooth by a dentist.Standard: Identify how, when and where to place intracoronal restorative materials.Minimum training requirement: Two hours of didactic training, the equivalent of one hour of laboratory training that includes a minimum of two experiences, and clinical training that includes a minimum of five patient experiences under observational supervision. (12) Extraoral adjustment to acrylic dentures without making any adjustments to the prosthetic teeth:Goal: To make adjustments to dentures.Standard: Identify how and where to make extraoral adjustments to dentures.Minimum training requirement: One hour of didactic training, the equivalent of one hour of laboratory training that includes a minimum of two experiences, and clinical training that includes a minimum of five patient experiences under observational supervision. (13) Tissue conditioning (soft reline only):Goal: To apply appropriate material to dentures.Standard: Identify how and where to apply appropriate material to dentures.Minimum training requirement: One hour of didactic training, the equivalent of one hour of laboratory training that includes a minimum of two experiences, and clinical training that includes a minimum of five patient experiences under observational supervision. c. A postcourse written examination at the conclusion of the training program, with a minimum of ten questions per function, must be administered. Participants must obtain a score of 75 percent or higher on each examination administered. 23.7(4) Grandfathering. Any dental hygienist or dental assistant who has completed expanded function training prior to January 1, 2020, can continue to perform expanded function procedures for which training has been completed. For any expanded function procedures that are new, in whole or in part, additional training to satisfy the standard and minimum training requirement is required of the dental hygienist or dental assistant prior to performing the new expanded function procedure.ARC 6513CDental Board[650]Notice of Intended Action

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

The Dental Board hereby proposes to amend Chapter 26, “Advertising,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 147.76 and 153.39.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 153.33 and 153.34.Purpose and Summary The proposed amendments would add orofacial pain as a Board-approved specialty recognized by the American Dental Association (ADA). The ADA recognizes the American Board of Orofacial Pain as the national certifying board for orofacial pain.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to rule 650—7.4(17A,147,153). 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 September 30, 2022. Comments should be directed to: Christel Braness Iowa Dental Board 400 S.W. Eighth Street, Suite D Des Moines, Iowa 50309 Phone: 515.281.3248 Email: christel.braness@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. Amend paragraph 26.4(2)"b" as follows: b. The indicated area of specialty must be board-approved. Board-approved ADA specialties are as follows: dental public health, endodontics, oral and maxillofacial pathology, oral and maxillofacial surgery,orofacial pain, orthodontics and dentofacial orthopedics, pediatric dentistry, periodontics, prosthodontics and oral and maxillofacial radiology. Board-approved ABDS specialties are as follows: oral implantology/implant dentistry, oral medicine, orofacial pain, and anesthesiology.ARC 6501CEnvironmental Protection Commission[567]Notice of Intended Action

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

The Environmental Protection Commission (Commission) hereby proposes to amend Chapter 60, “Scope of Title—Definitions—Forms—Rules of Practice,” and Chapter 64, “Wastewater Construction and Operation Permits,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 455B.103A, 455B.105(3) and 455B.173.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 455B.103A, 455B.105 and 455B.173.Purpose and Summary Several amendments are proposed, none of which are major substantive changes. First, the proposed rule making renews National Pollutant Discharge Elimination System (NPDES) General Permit Nos. 1, 2, and 3 for storm water and NPDES General Permit No. 4 for private sewage disposal systems. These general permits will expire on February 28, 2023. Renewal of these permits is necessary because subrule 64.3(7) states that general permits are only valid for five years. The new effective dates for all four general permits will be March 1, 2023, through February 29, 2028. Second, several amendments clarify and improve the readability of existing requirements. The proposed revisions to NPDES General Permit Nos. 1 through 4, as well as the amendments to Chapter 60, update existing wording in the regulations, definitions, and standard conditions to match the administrative rules and federal regulations. These changes make the wording uniform, remove redundancies, and improve readability but do not affect the substance. For example, the existing maximum Total Suspended Solids limits are revised to be more user-friendly. The definition of “storm water discharge associated with industrial activity” in the general permits now clearly includes disturbances of less than one acre that are part of a larger common plan of development. This is already required in the federal regulations. Additionally, several clarifying amendments were requested by stakeholders, including several changes to NPDES General Permit No. 2 in particular. These amendments will:

Clarify that seeding alone is insufficient to stabilize a site and that establishment of vegetative cover sufficient to preclude erosion is necessary to achieve stabilization.

Clarify that other stabilization measures must continue to be implemented when necessary until seeded areas have achieved sufficient vegetative cover.

Clarify that the definition of “final stabilization” includes areas covered by a permanent structure.

Copies of the proposed general permits are available upon request from the Department of Natural Resources (Department) and may be viewed at: www.iowadnr.gov/Environmental-Protection/Water-Quality/NPDES-Wastewater-Permitting/NPDES- Rules.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department upon request.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request.Waivers 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 561—Chapter 10.Public Comment Any interested person may submit comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on September 30, 2022. Comments should be directed to:Courtney Cswercko Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: courtney.cswercko@dnr.iowa.govPublic Hearing A public hearing at which persons may present their views orally will be held via conference call as follows. The Zoom meeting registration link is: us02web.zoom.us/meeting/register/tZApcOmtrzwqH9N8GgCQEO1aQyhpDvZ6Ibn8. After registering, participants will receive a confirmation email containing information about joining the meeting. Persons who wish to make oral comments at the public hearing must submit a request to Courtney Cswercko prior to the hearing to facilitate an orderly hearing.September 28, 2022 2 p.m.Via video/conference call Persons who wish to make oral comments at the public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:

ITEM 1. Amend rule 567—60.2(455B), definition of “Storm water discharge associated with industrial activity,” as follows: "Storm water discharge associated with industrial activity" means the discharge from any conveyance whichthat is used for collecting and conveying storm water and whichthat is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the NPDES program under 40 CFR Part 122. For the categories of industries identified in paragraphs “1” to “10” of this definition, the term includes, but is not limited to, storm water discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters (as defined at 40 CFR Part 401); sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finishedfinal products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to storm water.For the categories of industries identified in paragraphs “1” to “9” and “11,” the term includes only storm water discharges from all the areas (except access roads and rail lines) that are listed in the previous sentence where material handling equipment or activities, raw materials, intermediate products, final products, waste materials, by-products, or industrial machinery are exposed to storm water. For the purposes of this paragraph,purposes of this definition, material handling activities include the: storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finishedfinal product, by-product or waste product. To qualify for this exclusion, a storm-resistant shelter is not required for: drums, barrels, tanks and similar containers that are tightly sealed with bands or otherwise secured and have no taps or valves, are not deteriorated and do not leak; adequately maintained vehicles used in material handling; and final products other than products that would be mobilized in storm water discharge. The term excludes areas located on plant lands separate from the plant’s industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with storm water drained from the above described areas. Industrial facilities (including industrial facilities that are federally, state, or municipally owned or operated) that meet the description of the facilities listed in paragraphs “1” to “11” of this definition) include those facilities designated under 40 CFRSection 122.26(a)(1)(v). The following categories of facilities are considered to be engaging in “industrial activity” for purposes of this definition:

Facilities subject to storm water effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N (except facilities with toxic pollutant effluent standards which are exempted under paragraph “11” of this definition);
Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28 (except 283 and 285), 29, 311, 32 (except 323), 33, 3441, 373;within Standard Industrial Classification 24, Industry Group 241 that are rock crushing, gravel washing, log sorting, or log storage facilities operated in connection with silvicultural activities defined in 40 CFR Sections 122.27(b)(2)-(3) and Industry Groups 242 through 249; 26 (except 265 and 267), 28 (except 283), 29, 311, 32 (except 323), 33, 3441, 373; (not included are all other types of silviculture facilities);
Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operationsno longer meeting the definition of a reclamation area under 40 CFRSection 434.11(1)) because the performance bond issued to the facility by the appropriate SMCRA authority has been released, or except for areas of non-coal mining operations which have been released from applicable state or federal reclamation requirements after December 17, 1990,) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge storm water contaminated by contact with, or that has come into contact with, any overburden, raw material, intermediate products, finished products, by-products or waste products located on the site of such operations; (inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator; inactive mining sites do not include sites where mining claims are being maintained prior to disturbances associated with the extraction, beneficiation, or processing of mined materials, nor sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim);
Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA;
Landfills, land application sites, and open dumps thatreceive or have received any industrial wastes (waste that is received from any of the facilities described under this definition) including those that are subject to regulation under Subtitle D of RCRA;
Facilities involved in the recycling of materials, including metal scrap yards, battery reclaimers, salvage yards, and automobile junkyards, including, but not limited to, those classified as Standard Industrial Classifications 5015 and 5093;
Steam electric power generating facilities, including coal handling sites;
Transportation facilities classified as Standard Industrial Classifications 40, 41, 42 (except 4221-4225), 43, 44, 45 and 5171 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under paragraphs “1” to “7” or “9” orto “11” of this definition are associated with industrial activity;
Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR Part 403. Not included are farmlands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with 40 CFR Part 503Section 405 of the Clean Water Act;
Construction activity including clearing, grading and excavation, activities except operations that result in the disturbance of less than 5 acresone acre of total land area which is not part of a larger common plan of development or sale. Effective March 10, 2003, construction activity including clearing, grading and excavation activities except operations that result in the disturbance of less than 1 acre of total land area which is not part of a larger common plan of development or sale;. Construction activity also includes the disturbance of less than one acre of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb one acre or more;
Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39,and 4221-4225 (and which are not otherwise included within paragraphs “2” to “10”).

ITEM 2. Amend subrule 64.15(1) as follows: 64.15(1) Storm Water Discharge Associated with Industrial Activity, NPDES General Permit No. 1, effective March 1, 20182023, to February 28, 202329, 2028. Facilities assigned Standard Industrial Classification 1442, 2951, or 3273, and those facilities assigned Standard Industrial Classification 1422 or 1423 which are engaged primarily in rock crushing are not eligible for coverage under General Permit No. 1.

ITEM 3. Amend subrule 64.15(2) as follows: 64.15(2) Storm Water Discharge Associated with Industrial Activity for Construction Activities, NPDES General Permit No. 2, effective March 1, 20182023, to February 28, 202329, 2028.

ITEM 4. Amend subrule 64.15(3) as follows: 64.15(3) Storm Water Discharge Associated with Industrial Activity from Asphalt Plants, Concrete Batch Plants, Rock Crushing Plants, and Construction Sand and Gravel Facilities, NPDES General Permit No. 3, effective March 1, 20182023, to February 28, 202329, 2028. General Permit No. 3 authorizes storm water discharges from facilities primarily engaged in manufacturing asphalt paving mixtures and which are classified under Standard Industrial Classification 2951, primarily engaged in manufacturing Portland cement concrete and which are classified under Standard Industrial Classification 3273, those facilities assigned Standard Industrial Classification 1422 or 1423 which are primarily engaged in the crushing, grinding or pulverizing of limestone or granite, and construction sand and gravel facilities which are classified under Standard Industrial Classification 1442. General Permit No. 3 does not authorize the discharge of water resulting from dewatering activities at rock quarries.

ITEM 5. Amend subrule 64.15(4) as follows: 64.15(4) “Discharge from Private Sewage Disposal Systems,” NPDES General Permit No. 4, effective March 1, 20182023, to February 28, 202329, 2028.ARC 6512CHuman Services Department[441]Notice of Intended Action

Proposing rule making related to refugee services program and providing an opportunity for public comment

The Human Services Department hereby proposes to amend Chapter 61, “Refugee Services Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 217.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 217.6.Purpose and Summary Chapter 61 was reviewed as part of the Department’s five-year rules review. The Department manages and coordinates the refugee program activities within the state. This chapter is updated to be in compliance with the Code of Federal Regulations Title 45: Public Welfare, Parts 400 [Refugee Resettlement Program] and 401 [Cuban/Haitian Entrant Program]. The proposed rule making updates the definition of “refugee” to match the definition in federal regulations. References to the United States Immigration and Naturalization Service are revised to reflect the current name of the agency, which is the United States Citizenship and Immigration Service. References to the bureau name for the United States Department of State’s Bureau of Refugee Programs are also updated to Bureau of Population, Refugees, and Migration to reflect the current name. Services that are specifically designed to assist refugees with obtaining employment and improving the employability of work skills of the individual are revised to match federal regulations and clarify services that are available. The time frame in which services may be provided to newly arriving refugees is increased to five years after arrival in the United States to reflect the Department’s current process. Requirements regarding refugee sponsors, adverse actions regarding sponsor applications and administrative review of denial of sponsorship applications are removed because this process no longer exists. The rule making clarifies that the Director of the Office of Refugee Resettlement is the individual who determines the number of unaccompanied minors to be resettled in Iowa pursuant to federal regulations. The process regarding providing interpreters and translators for legal proceedings is also removed to reflect current practices. The court systems have a process in place to obtain an interpreter or translator when requested for legal proceedings, as described in Iowa Code chapter 622A. Information relating to a pilot program regarding recredentialing services is removed because the pilot project ended in September 2003, and references to the Iowa Refugee Services Foundation are removed because it is not currently active.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 September 27, 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 441—Chapter 61, preamble, as follows: PreambleThe department of human servicessets the strategic vision for, manages and coordinates refugee program activities in the state of Iowa. In this capacity, the department develops, implements, and oversees activities which reflect refugee policy priorities of the United States Department of State and the United States Department of Health and Human Services and which address sound practices on behalf of the state of Iowa as outlined in the Iowa state refugee program plan. Serving in the role ofThe Iowa state refugee program coordinator, the director coordinates with resettlement agency administrators active in the resettlement of refugees within the state of Iowa. Although the department manages many activities and programs in the administration of the state of Iowa’s refugee program, the central focus is to promote as expeditiously as possible economic self-sufficiency and social self-reliance for refugees.These rules define and structure the department’s refugee services program. Eligibility criteria, application procedures, reasons for adverse actions, and appeal procedures for clients and sponsors are outlined.

ITEM 2. Adopt the following new definitions of “Cash assistance” and “Individual employability plan” in rule 441—61.1(217): "Cash assistance" means financial assistance to refugees, including Temporary Assistance for Needy Families (TANF), supplemental security income (SSI), refugee cash assistance and general assistance as defined in 42 CFR 400.2 as amended to June 7, 2022. "Individual employability plan" means a written plan outlining an individual’s vocational goal and the services to be provided to reach the goal.

ITEM 3. Rescind the definitions of “Legal proceeding,” “Portal-to-portal” and “Presiding judicial officer” in rule 441—61.1(217).

ITEM 4. Amend rule 441—61.1(217), definitions of “Refugee” and “Resettlement agency,” as follows: "Refugee" means any person who:

Is outside any country of the person’s nationality or, in the case of a person having no nationality, is outside any country in which the person last habitually resided; and
Is unable or unwilling to return to that country and unable or unwilling to avail himself or herself of the protection of that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, as defined under the Immigration and Nationality Act, Title I, Section 101.

In special circumstances, the President of the United States may specify any person who is within the country of such person’s nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing, and who is persecuted or who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion as a refugee.The term “refugee” does not include any person who ordered, incited, assisted or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group or political opinion. "Resettlement agency" means any business, organization or group of related persons having a current contract with the U.S.United States Department of State’s Bureau for Refugee Programsof Population, Refugees, and Migration for the resettlement of refugees within the United States of America.

ITEM 5. Amend rule 441—61.2(217) as follows:

441—61.2(217) Authority. The department has been given authority to administer the refugee program by Executive Order Number 21, signed by the governor December 24, 1985. U.S.United States Department of State and U.S.United States Department of Health and Human Services rules govern various program operations.

ITEM 6. Amend rule 441—61.3(217) as follows:

441—61.3(217) Eligibility for refugee services. Refugees eligible for services under this chapter include people who have one of the following statuses, as issued by the United StatesCitizenship and Immigration and Naturalization Service: 61.3(1) A person granted asylum under the Immigration and Nationality Act, Title II, Chapter 1, Section 208. Asylees are people who travel to the United States on their own and apply for and receive a grant of asylum. 61.3(2) A person admitted to the United States as a refugee under the Immigration and Nationality Act, Title II, Chapter 1, Section 207. 61.3(3) A person granted humanitarian parole as a refugee or asylee under the Immigration and Nationality Act, Title II, Chapter 2, Section 212. The United States Attorney General may, in the Attorney General’s discretion, parole into the United States temporarily, under such conditions as the Attorney General may prescribe on a case-by-case basis, for urgent humanitarian reasons or significant public benefit, any alien applying for admission to the United States. 61.3(4) A Cuban or Haitian entrant in accordance with requirements in 45 CFR Part 401, as amended to March 22, 2000June 7, 2022. Cuban and Haitian entrants include: a. Any person granted parole status as a “Cuban/Haitian Entrant (Status Pending)” or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the person’s status at the time assistance or services are provided; and b. Any other national of Cuba or Haiti who meets both of the following conditions: (1) The person either:

Was paroled into the United States and has not acquired any other status under the Immigration and Nationality Act; or
Is the subject of exclusion or deportation proceedings under the Immigration and Nationality Act; or
Has an application for asylum pending with theUnited States Citizenship and Immigration and Naturalization Service.

(2) A final, nonappealable, and legally enforceable order of deportation or exclusion has not been entered with respect to the person. 61.3(5) A child born in Vietnam between January 1, 1962, and January 1, 1976, of an American citizen father and a Vietnamese mother, together with the child’s immediate relatives, who are admitted to the United States as immigrants pursuant to Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Acts, 1988, as contained in Section 101(e) of Public Law 100-202 and amended by the ninth proviso under Migration and Refugee Assistance in Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Acts, 1989 (Public Law 100-461). 61.3(6) A person admitted to the United States for permanent residence, provided the person previously held one of the statuses identified in subrules 61.3(1) through 61.3(5). 61.3(7) An alien immigrant who is a victim of a severe form of trafficking in persons, as certified by the United States Department of Health and Human Services pursuant to Section 107(b) of the Trafficking Victims Protection Act of 2000, as contained in Public Law 106-386, Division A, 114 Stat. 1464 (2000). “Severe forms of trafficking in persons” means: a. Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion or in which the person induced to perform the act has not attained 18 years of age; or b. The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

ITEM 7. Amend subrule 61.5(4) as follows: 61.5(4) Resettlement services. These services involve securing and training sponsors, arranging for refugees to resettle in Iowa and providing case management, employment services, and social adjustment services.As required under the resettlement contract with the U.S.United States Department of State, the department provides case management, employment services, and social adjustment services to the refugees it resettles during their first 90 days in Iowa.

ITEM 8. Rescind and reserve subrules 61.5(6) and 61.5(7).

ITEM 9. Amend paragraph 61.5(11)"a" as follows: a. Employment services which include such activities as the development of a family self-sufficiency plan,individual employability plan, world-of-work and job orientation, job clubs, job workshops, job development, referral to job opportunities, job search, and job placement and follow-up.

ITEM 10. Amend paragraphs 61.5(11)"e" to 61.5(11)"g" as follows: e. Vocational training which includes referrals to driver education and training when provided as part of a family self-sufficiencyan individual employability plan. f. Skills recertification which includes referrals to training that meets the criteria for appropriate training as provided for in paragraph “b.”. If an individual is a professional in need of professional refresher training and other recertification services in order to qualify to practice the individual’s profession in the United States, the training may consist of full-time attendance in a college or professional training program, provided that such training: (1) Is approved as part of the individual’s employability plan by the state agency, or its designee; (2) Does not exceed one year’s duration (including any time enrolled in such program in the United States prior to the refugee’s application for assistance); (3) Is specifically intended to assist the professional in becoming relicensed in the professional’s profession; and (4) If completed, can realistically be expected to result in such relicensing. This training may only be made available to individuals who are employed. g. DayChild care which includes referrals to daychild care for children necessary for participation in an employability service or for the acceptance or retention of employment.

ITEM 11. Adopt the following new paragraph 61.5(11)"l": l. Referral to the Iowa department of workforce development for provision of any or all of the above services.

ITEM 12. Amend subrule 61.6(1) as follows: 61.6(1) Priority of services. Services are provided to refugees in the following order of priority, except in certain individual extreme circumstances: a. All newly arriving refugees during their first year in the United States, who apply for services. b. a. Refugees who are receiving cash assistance. c. b. Unemployed refugees who are not receiving cash assistance. d. c. Employed refugees in need of services to retain employment or to attain economic independence. d. All newly arriving refugees in the United States who apply for services during the five-year period from their date of arrival.

ITEM 13. Amend subrule 61.6(2) as follows: 61.6(2) Limitations on eligibility. Services as described in rule 441—61.5(217) may be provided in the first 60 months of resettlement unless the Office of Refugee Resettlement grants an exception to the 60-month limit. Referral, interpretation, citizenship, and naturalization services may be provided to the extent feasible past 60 months of resettlement for refugees, except that refugees who are receiving employability services, as defined in 441—subrule 61.5(11), as part of an employability plan, as of September 30, 1995, may continue to receive those services through September 30, 1996, or until the services are completed, whichever occurs first, regardless of their length of residence in the United States, pursuant to 45 CFR 400.315(b) as amended to June 7, 2022. In any case, services shall first be provided for those refugees who are in the first two years of resettlement and who are in need of assistance in securing self-sufficiency.

ITEM 14. Amend paragraph 61.6(3)"c" as follows: c. Services shall be provided, to the maximum extent feasible, in a manner that includes the use of bilingual or bicultural womenon service agency staffs to ensure adequate service access by refugee women.

ITEM 15. Adopt the following new paragraphs 61.6(3)"h" and 61.6(3)"i": h. In order to avoid interference with refugee employment, English language instruction and vocational training must be provided to the fullest extent feasible outside normal working hours. i. English language instruction must be provided in a concurrent, rather than sequential, time period with employment or with other employment-related services.

ITEM 16. Amend paragraphs 61.8(1)"e" and 61.8(1)"f" as follows: e. The service for which the client is eligible is currently not available. A list of these services will be posted in the bureau’s offices. f. Funding is not available to provide the service. A list of services not available due to lack of funding shall be posted in the bureau offices.

ITEM 17. Amend paragraph 61.8(2)"b" as follows: b. After repeated assessment, it is evident that the family or individual is unable to achieve or maintain goals set forth in thefamily self-sufficiency or individual employability plan.

ITEM 18. Amend paragraph 61.8(2)"f" as follows: f. Funding is not available to provide the service. A list of services not available due to lack of funding shall be posted in the bureau’s offices.

ITEM 19. Amend subrule 61.8(4) as follows: 61.8(4) Notice of adverse action. In case of an action to terminate, reduce, or deny services, the bureaudepartment shall givetimely or adequate notice to the person or persons affectedpursuant to 441—Chapter 16.

ITEM 20. Rescind and reserve rules 441—61.10(217) to 441—61.12(217).

ITEM 21. Amend rule 441—61.13(217) as follows:

441—61.13(217) Refugee resettlement moneys. The department receives a certain amount of money from the U.S.United States Department of State for each refugee it resettles. A portion of that money is made available to the refugee sponsor for financial assistance in resettling the refugee unit. All of the moneys must be spent in accordance with financial requirements and approved expenditures of the department, U.S.United States Department of State, and the state of Iowa comptroller and must go toward the benefit of the refugee unit. The sponsor must sign Form 402-0025, Receipt Letter, to document the receipt of all refugee resettlement funds. The refugee sponsor must not financially benefit in any way from the refugee resettlement moneys.

ITEM 22. Amend rule 441—61.14(217) as follows:

441—61.14(217) Unaccompanied refugee minors program. The department administers the unaccompanied refugee minors program under rules covered in 441—Chapters 156, 202, 112, 113, 114, 115, and 116 and by federal guidelines provided by the U.S.United States Department of Health and Human Services. In consultation with other resettlement agencies, the directorof the Office of Refugee Resettlement determines the number of unaccompanied minors to be resettled in Iowapursuant to 45 CFR 400.11(b)(1) as amended to June 7, 2022. Resettlement agencies may not bring unaccompanied minors into Iowa without the authorization of the director.

ITEM 23. Rescind and reserve rules 441—61.15(217,622A) and 441—61.16(217).

ITEM 24. Amend rule 441—61.17(217), introductory paragraph, as follows:

441—61.17(217) Targeted assistance grants. “Targeted assistance grants” means U.S.United States Department of Health and Human Services formula allocation funding granted to the department for assistance to counties where, because of factors such as unusually large refugee populations (including secondary migration), high refugee concentrations, and high use of public assistance by refugees, there exists and can be demonstrated a specific need for supplementation of available resources for services to refugees.

ITEM 25. Rescind and reserve rule 441—61.18(217).ARC 6509CHuman Services Department[441]Notice of Intended Action

Proposing rule making related to interstate compact on the placement of children and providing an opportunity for public comment

The Human Services Department hereby proposes to amend Chapter 142, “Interstate Compact on the Placement of Children,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 232.158.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 232.158.Purpose and Summary Chapter 142 regarding the Interstate Compact on the Placement of Children was reviewed as part of the Department’s five-year rules review. The Compact Administrator may appoint Deputy Compact Administrators to serve as active members of the Association of Administrators of the Interstate Compact on the Placement of Children. The name of the association is proposed to be updated in subrule 142.2(1) to reflect the current name. References to what is not considered a child care agency or institution for the purposes of Article II(d) are proposed to be removed since this language is duplicative of the language in Iowa Code section 232.158(2)“d.” Because the term “sending state” no longer appears in Article III(a) in Iowa Code section 232.158 but does appear in Article V(c), citations to Article III(a) are proposed to be removed while a citation to Article V(c) is proposed to be added in new rule 441—142.7(232). Lastly, a clarification is made that placement into Iowa from any location or from Iowa to another location may include placement into or from any state, territory or possession of the United States, the District of Columbia, the commonwealth of Puerto Rico and, with the consent of Congress, the government of Canada or any province thereof.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 September 27, 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 subrule 142.2(1) as follows: 142.2(1) The compact administrator may appoint up to three deputy compact administrators to serve as active members of the association ofadministrators of the interstate compact on the placement of children and who shall be responsible for day-to-day operation of the interstate compact.

ITEM 2. Rescind and reserve rules 441—142.3(232) and 441—142.4(232).

ITEM 3. Renumber rules 441—142.7(232) to 441—142.9(232) as 441—142.8(232) to 441—142.10(232).

ITEM 4. Adopt the following new rule 441—142.7(232):

441—142.7(232) Article V(c). For the purposes of article V(c), “sending state” shall mean “sending agency.”

ITEM 5. Amend renumbered rule 441—142.9(232) as follows:

441—142.9(232) Applicability. The requirements of this compact shall be in effect for all placements into Iowa from any state, territory or possession of the United States, the District of Columbia, the commonwealth of Puerto Rico and, with the consent of Congress, the government of Canada and any province thereof, or from Iowa to any state within, territory or possession of the United States, and the District of Columbia, the commonwealth of Puerto Rico and, with the consent of Congress, the government of Canada and any province thereof.

ITEM 6. Amend 441—Chapter 142, implementation sentence, as follows: These rules are intended to implement Iowa Code chapter 232, division IXsection 232.158.ARC 6510CHuman Services Department[441]Notice of Intended Action

Proposing rule making related to five-year rules review and providing an opportunity for public comment

The Human Services Department hereby proposes to amend Chapter 143, “Interstate Compact on Juveniles,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 232.171.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 232.171.Purpose and Summary The rules in Chapter 143 were reviewed as a part of the Department’s five-year rules review. As a result, this proposed rule making clarifies that the Department participates in contractual agreements with the other 49 states, the District of Columbia and the United States Virgin Islands. Guam, American Samoa, the Commonwealth of Puerto Rico and the Northern Marianas Islands are eligible to become compacting states should they decide to do so but are not currently active. The name of the governing body of the Interstate Compact for Juveniles is updated to reflect the current name, the Interstate Commission for Juveniles. This Commission includes representatives from all 50 states, the District of Columbia and the United States Virgin Islands who work together to preserve child welfare and promote public safety. Form names for the forms used to send a juvenile out of state under the compact are revised to reflect the current names. Also, the proposed rule making clarifies the Department must pay for the return to the state of Iowa of any runaway, escapee or absconder for whom the Department has legal custody or guardianship responsibility, which reflects the Department’s current practice.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 September 27, 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 441—Chapter 143, preamble, as follows: PreambleIowa Code section 232.171 authorizes the state of Iowa to enter into the interstate compact on juveniles and incorporates into the Iowa Code the 15 basic articles and optional amendments that govern the interstate compact for all participating parties. The department implements the interstate compact on juveniles and participates in the contractual agreement with the other 49 states, the District of Columbiaor its designee,and theUnited States Virgin Islands, and Guam. The contractual agreement allows the parties to cooperate on the interstate aspects of juvenile delinquency as well as the return from one state to another of nondelinquent children who have run away from home.

ITEM 2. Amend rule 441—143.1(232) as follows:

441—143.1(232) Compact agreement. As a member of the interstate compact on juveniles, Iowa is in a contractual agreement with the other 49 states, the District of Columbiaor its designee, Puerto Rico and Guamthe United States Virgin Islands, in which the department of human services shall cooperate on interstate aspects of juvenile delinquency, and the return from one state to another of nondelinquent children who have run away from home.

ITEM 3. Amend subrule 143.2(1) as follows: 143.2(1) The compact administrator may appoint a deputy compact administrator to serve as an active member of the association of juvenile compact administratorsinterstate commission for juveniles and who shall be responsible for day-to-day operation of the interstate compact.

ITEM 4. Amend subrules 143.3(2) and 143.3(3) as follows: 143 143.3 3(2) Interstate Compactfor Juveniles Form IAVI, Application for Compact Services; and Interstate Compact Form VI, Memorandum of Understanding and Waiver, shall be signed by the juvenile and parents or guardian, the Iowa juvenile court judge consenting to the placement in the receiving state, and the juvenile compact deputy. 143 143.3 3(3) The Memorandum of UnderstandingApplication for Services and Waiver shall have the conditions of the probation or parole as granted by the court of jurisdiction attached.

ITEM 5. Amend subrule 143.5(6) as follows: 143.5(6) The interstate unitdepartment shall pay for the return to Iowa of any runaway, escapee, or absconder for whom the department has, at the time the juvenile left the state, legal custody or guardianship responsibility. The interstate unit shall also pay upon request for the return of any runaway who is an Iowa resident and whose parent is unable or unwilling to pay for the juvenile’s return. The responsibility for the payment for the return of a runaway, escapee, or absconder not under custody or guardianship of the department shall be that of the juvenile court having legal jurisdiction of the juvenile.ARC 6511CHuman Services Department[441]Notice of Intended Action

Proposing rule making related to quality improvement initiative grants and providing an opportunity for public comment

The Human Services Department hereby proposes to amend Chapter 166, “Quality Improvement Initiative Grants,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 249A.57.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 249A.57.Purpose and Summary This chapter was reviewed as part of the Department’s five-year rules review. Rules are proposed to be updated to align with federal regulations regarding the use of civil money penalties (CMPs) imposed by the Centers for Medicare and Medicaid Services (CMS). This proposed rule making also updates the purposes for which CMP emergency reserve fund grants, also known as quality improvement initiative grants, may be used.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 September 27, 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 rule 441—166.2(249A) as follows:

441—166.2(249A) Availability of grants. The department shall set aside an annual amount from the civil money penalty fund established pursuant to Iowa Code section 249A.57 to be awarded in the form ofemergency reserve fund grants to eligible entities for approved quality improvement initiativessupport and protection of residents of a facility that closes (voluntarily or involuntarily). At no time shall the grant set-aside cause the civil money penaltyemergency reserve fund to drop below $1 million. 166.2(1) In any calendar year in which sufficient funds are available in the civil money penalty fund to support quality improvement initiative grants, the department may issue a notice for applications for grants. 166.2(2) There is no entitlement to any funds available for grants awarded pursuant to this chapter. The department may award grants to the extent funds are available and, within its discretion, to the extent that applications are approved. 166.2(3) Theproject plan as described in rule 441—166.4(249A) and allocation of funds shall be in compliance with state and federal law and approved by the Centers for Medicare and Medicaid Services (CMS). 166.2(4) Emergency reserve fund grants are available for purposes of: a. Time-limited expenses incurred in the process of relocating residents when a facility closes (voluntarily or involuntarily) or downsizes pursuant to an agreement with the department, and b. Development and maintenance of temporary management or receivership capability.

ITEM 2. Amend rule 441—166.3(249A) as follows:

441—166.3(249A) Grant eligibility. Grants are available only for quality improvement initiatives that are outside the scope of normal operations for the nursing facility or other applicants. Grants cannot be used as replacement funding for goods or services that the applicant already offers. 166.3(1) Grants may be awarded for: a. Short-term quality improvement initiatives (three years or less), and b. Initiatives with a longer term that involve collaborative efforts of state government and various stakeholdersSituations eligible for emergency reserve funds. 166.3(2) The department will comply with CMS guidance on civil money penalty uses.ARC 6494CRevenue Department[701]Notice of Intended Action

Proposing rule making related to local government services division and providing an opportunity for public comment

The Revenue Department hereby proposes to amend Chapter 6, “Organization, Public Inspection,” Chapter 70, “Replacement Tax and Statewide Property Tax,” Chapter 71, “Assessment Practices and Equalization,” Chapter 72, “Examination and Certification of Assessors and Deputy Assessors,” Chapter 78, “Replacement Tax and Statewide Property Tax on Rate-Regulated Water Utilities,” and Chapter 122, “Administration,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 421.14.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 421.2.Purpose and Summary This proposed rule making removes references to the “property tax division” and replaces them with “local government services division” to reflect the current name of the internal division.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 September 27, 2022. Comments should be directed to: Clara Wulfsen Department of Revenue P.O. Box 10457 Des Moines, Iowa 50306 Phone: 515.322.2900 Email: clara.wulfsen@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 actions are proposed:

ITEM 1. Amend subrule 6.1(2) as follows: 6.1(2) Organization of the department. The department consists of the office of the director and the following divisions: property taxlocal government services, tax policy and communications, internal services, tax management, and research and analysis. For ease of administration, the director has organized the department’s divisions in some instances into bureaus, sections, subsections, and units. a. The office of the director.The essential functions of the office of the director include: (1) Overall management of the agency. (2) Review of protest and revocation cases on appeal. (3) Strategic planning and coordination of the future operations and goals of the department. (4) Provision of financial checks and balances within the department. (5) Facilitation of a working relationship between the public sector and the private sector. b. Divisions. (1) Property taxLocal government services division. The property taxlocal government services division provides technical assistance and training to local assessing jurisdictions, ensures equal assessment of property, and is responsible for determining valuation for centrally assessed property. (2) Tax management division. The tax management division includes the processing services section, the compliance services section and the collection services section. The essential functions of the tax management division include:

Functions performed by the processing services section, which is responsible for registration of taxpayers, deposit of tax revenue, processing of tax returns, management of records, and provision of mail services;
Functions performed by the compliance services section, including office examination of returns, identification of nonfilers and underreporters of income, assessment, and review and approval of refund claims. The compliance services section also performs field audits and is responsible for audits for criminal prosecution; and
Functions performed by the collection services section, which is responsible for the timely collection of past-due tax liabilities, as well as collection activities for other state agencies and local governments.

(3) Tax policy and communications division. The tax policy and communications division consists of audit services, taxpayer services, and policy. The essential functions of the tax policy and communications division include:

Functions performed by the audit services section, which provides support for the compliance services section, and coordinates the administrative process of protests and protest resolution;
Functions performed by the taxpayer services section, which is responsible for responding to inquiries from the public and other agencies, drafting brochures and graphics, maintaining the department’s online tax research library and Web site, and coordinating public education by the department; and
Functions performed by the tax policy section, which is responsible for interpreting state and federal law, developing and maintaining rules for the department and monitoring tax-related issues considered by the general assembly and the United States Congress. This section also drafts declaratory orders, offers technical advice and completes studies and reports.

(4) Internal services division. The essential functions of the internal services division include:

Functions performed by the central accounting team, which include operating budget development, maintenance, and reporting;
Functions performed by the employee resource team, which governs personnel activities, payroll, benefits, quality of the environment and customer service;
Functions performed by the application development section, including system analysis, programming, database administration and support, in coordination with the information technology enterprise of the department of administrative services; and
Functions performed by the technical planning and support section, including providing technical support to the department on software and hardware issues, in coordination with the information technology enterprise of the department of administrative services.

(5) Research and analysis division. The essential functions of the research and analysis division include:

Functions performed by the research and program analysis section, which provides research on tax issues, compiles statistical tax data, undertakes tax credit tracking and analysis, projects state receipts and refunds, and evaluates the fiscal impact of tax legislation and policies on the state budget; and
Functions performed by the performance analysis section, which develops and maintains performance measures for the department to align the department’s resources, systems, and employees to meet strategic goals and priorities.

ITEM 2. Amend paragraph 70.6(1)"b" as follows: b. Right of person upon receipt of notice of adjustment. A person who has received notice of an adjustment in connection with a return may pay the additional amount stated to be due to the appropriate county treasurer. If payment is made, and the person wishes to contest the matter, the person should file a timely claim for refund. However, payment will not be required until an assessment has been made (although interest will continue to accrue if timely payment is not made). If no payment has been made, the person may discuss with the agent, auditor, clerk, or employee who notified the person of the discrepancy, either in person or through correspondence, all matters of fact and law which may be relevant to the situation. This person may also ask for a conference with the Department of Revenue, Property TaxLocal Government Services Division, Hoover State Office Building, Des Moines, Iowa. Documents and records supporting the person’s position may be required.

ITEM 3. Amend subrule 71.14(2) as follows: 71.14(2) Conduct of hearing. The department shall schedule each hearing so as to allow the same amount of time within which each assessing jurisdiction can make its presentation. During the hearing each assessing jurisdiction shall be afforded the opportunity to present evidence relevant to its protest. The division administrator for the property taxlocal government services division shall act as the department’s representative. The department’s representative shall preside at the hearing, which shall be held at the time and place designated by the department or such other time and place as may be mutually agreed upon by the department and the protesting assessing jurisdiction.

ITEM 4. Amend subrule 72.18(8) as follows: 72.18(8) Review of examination. Persons who have taken a course examination may, after presenting proper identification, review their examinations in the office of the department’s property taxlocal government services division within 60 days after the date the examination has been administered. The review shall consist only of examining the person’s own answer sheet and the question book. Persons reviewing their examinations shall not be permitted to take notes or otherwise transcribe information during this review, nor shall they have access to the answers to questions contained in the examination. Persons who review their examinations shall be permitted to do so only once, and shall not be eligible to take the same examination for a period of at least 30 days following the date of the review of the examinations.

ITEM 5. Amend paragraph 78.6(1)"b" as follows: b. Right of taxpayer upon receipt of notice of adjustment.A taxpayer who has received notice of an adjustment in connection with a return may pay the additional amount stated to be due to the appropriate county treasurer. If payment is made, and the taxpayer wishes to contest the matter, the taxpayer should file a timely claim for refund. However, payment will not be required until an assessment has been made, although interest will continue to accrue if timely payment is not made. If no payment has been made, the taxpayer may discuss with the agent, auditor, clerk, or employee who notified the taxpayer of the discrepancy, either in person or through correspondence, all matters of fact and law which may be relevant to the situation. The taxpayer may also ask for a conference with the Department of Revenue, Property TaxLocal Government Services Division, Hoover State Office Building, Des Moines, Iowa. Documents and records supporting the taxpayer’s position may be required.

ITEM 6. Amend rule 701—122.2(441) as follows:

701—122.2(441) General operation. The chairperson of the committee shall be the director. The director shall appoint to the committee a representative of the property taxlocal government services division of the department of revenue and two assessor representatives. The assessor representatives shall serve four-year staggered terms. To initiate the staggered-term policy, one assessor shall serve through December 31, 2009, and the other assessor shall serve through December 31, 2011. The committee will meet at least once each year. This rule is intended to implement Iowa Code section 441.8.ARC 6492CEconomic Development Authority[261]Adopted and Filed

Rule making related to the Iowa energy center

The Iowa Energy Center Board hereby amends Chapter 403, “Iowa Energy Center,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 15.120.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 15.120 as amended by 2022 Iowa Acts, Senate File 2325.Purpose and Summary The purposes of the Iowa Energy Center are listed in Iowa Code section 15.120, which has been amended by 2022 Iowa Acts, Senate File 2325, to add the following purpose: “To support research and development of strategies for carbon management.” These amendments incorporate the additional purpose, change the number of Board members required for a quorum from nine to seven, and clarify that Board meetings may be held electronically.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 29, 2022, as ARC 6383C. 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 August 11, 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 261—Chapter 199. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on October 12, 2022. The following rule-making actions are adopted:

ITEM 1. Amend rule 261—403.1(15) as follows:

261—403.1(15) Purpose. The Iowa energy center is established within the authority with the following purposes:

To expand workforce and career opportunities for workers in the energy sector to ensure that the state is able to attract and train professionals to meet the state’s future energy needs.
To support technology-based development by encouraging public-private partnerships and innovative manufacturers to develop and bring to market new energy technologies.
To support rural and underserved areas and vulnerable populations by creating opportunities for greater access to energy efficiency expertise, training, programs, and cyber security preparedness for small utilities.
To support the expansion of natural gas infrastructure to rural and underserved areas of the state where the absence is a limiting factor to economic development.
To promote and fund research, development, and commercialization of biomass technology to benefit the state economically and environmentally by further realizing the value-added attributes of biomass in the development of bioenergy, biofuels, and biochemicals.
To encourage growth of the alternative fuel vehicle market, particularly for electric vehicles, and the infrastructure necessary to support the market.
To support efforts to modernize the electric grid infrastructure of the state to support increased capacity and new technologies.
To support research and development of strategies for carbon management.

ITEM 2. Amend subrule 403.3(3) as follows: 403.3(3) Quorum and voting requirements. A quorum of the board requires nineSeven or more membersof the board constitute a quorum, and any board action requires an affirmative vote by a majority of the members present.

ITEM 3. Amend paragraph 403.3(5)"a" as follows: a. Meetings of the board are held at the call of the chairperson or when two members of the board request a meeting. The board generally meets quarterly at the authority’s officesor by electronic means. By notice of the regularly published meeting agendas, the board and its committees may hold regular or special meetings at other locations within the state. Meeting agendas are available on the authority’s Internet site. [Filed 8/12/22, effective 10/12/22][Published 9/7/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/7/22.ARC 6493CEnvironmental Protection Commission[567]Adopted and Filed

Rule making related to general permits

The Environmental Protection Commission (Commission) hereby amends Chapter 64, “Wastewater Construction and Operation Permits,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 455B.173(11).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 455B.173(11), 455B.183 and 455B.186.Purpose and Summary This rule making renews five National Pollutant Discharge Elimination System (NPDES) general permits (General Permit Nos. 5, 6, 7, 8 and 9). General permits authorize certain types or classes of facilities to discharge wastewater without having to obtain an individual NPDES permit. General permits are required by law to be adopted through rule making. The renewal of all five permits in one rule making will streamline future renewals by aligning the permits’ respective effective dates. The effective dates for all five general permits will be July 1, 2023, through June 30, 2028. This rule making includes changes to General Permit Nos. 5 through 7 to align the permits with recently revised definitions in 567—Chapter 60. More substantive changes are made to General Permit Nos. 8 and 9. This is the first renewal for these two permits. The changes to both of these permits are necessary to clarify and revise regulatory requirements. Among other updates, the changes clarify requirements for electronic Notice of Intent submittals, extend applicable time frames, and insert consistent terminology. Further changes to General Permit No. 8 add eligibility criteria for ammonia and update the eligibility criteria for lead and aluminum. The permits can be viewed in full at www.iowadnr.gov/Environmental-Protection/Water-Quality/ NPDES-Wastewater-Permitting/NPDES-Rules.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 15, 2022, as ARC 6358C. A public hearing was held on July 6, 2022, at 1 p.m. via video/conference call. Twenty-two people attended the hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Commission on August 16, 2022.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department of Natural Resources (Department) upon request.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request.Waivers 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 561—Chapter 10.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on July 1, 2023. The following rule-making action is adopted:

ITEM 1. Amend subrules 64.15(5) to 64.15(9) as follows: .(5) “Discharge from Mining and Processing Facilities,” NPDES General Permit No. 5, effective July 20, 2021July 1, 2023, to July 19, 2026June 30, 2028. .(6) “Discharge Associated with Well Construction Activities,” NPDES General Permit No. 6, effective March 1, 2020July 1, 2023, to February 28, 2025June 30, 2028. .(7) “Pesticide General Permit (PGP) for Point Source Discharges to Waters of the United States from the Application of Pesticides,” NPDES General Permit No. 7, effective May 18, 2021July 1, 2023, to May 17, 2026June 30, 2028. .(8) “Discharge from Hydrostatic Testing, Tank Ballasting and Water Lines,” NPDES General Permit No. 8, effective July 1, 20182023, to June 30, 20232028. .(9) “Discharge from Dewatering and Residential Geothermal Systems,” NPDES General Permit No. 9, effective July 1, 20182023, to June 30, 20232028. [Filed 8/16/22, effective 7/1/23][Published 9/7/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/7/22.ARC 6495CHuman Services Department[441]Adopted and Filed

Rule making related to public assistance terminology

The Human Services Department hereby amends Chapter 11, “Collection of Public Assistance Debts,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 217.6 and 234.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 217.6 and 234.6.Purpose and Summary Chapter 11 was reviewed as part of the Department’s five-year rules review. Iowa has formally changed the Food Assistance program’s name from Food Assistance to Supplemental Nutrition Assistance Program (SNAP), and this chapter is updated to reflect that change. In addition, this chapter is updated because the definition of “debtor” for Medicaid is inconsistent with the definition used elsewhere in administrative rules. The amendment aligns the definition of “debtor” in this chapter with that in Chapter 75. Additional amendments include removing references to forms that are no longer used as well as updating language to include correct groups under the definition of “public assistance.”Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 15, 2022, as ARC 6362C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on August 11, 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 Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on November 1, 2022. The following rule-making actions are adopted:

ITEM 1. Amend rule 441—11.1(217), definitions of “Debtor,” “Public assistance” and “Repayment agreement,” as follows: "Debtor" shall mean a current or former recipient of public assistance that has been determined by the department to be responsible for the repayment of a particular debt. For food assistancesupplemental nutrition assistance program (SNAP), “debtor” shall include all adult members of the food assistanceSNAP household participating at the time the food assistanceSNAP overpayment or program violation occurred and shall include nonrecipients found guilty of violating food assistance programSNAP rules by committing an act such as, but not limited to, trafficking. For child care assistance, “debtor” may include the current or former provider or current or former recipient of child care assistance. For Medicaid, “debtor” shall include anycurrent or former Medicaid member or nonmember, or the parents of a current or former Medicaid member who was under the age of 21 when the parents completed the application and had responsibility for reporting changes, who fraudulently receivesreceived servicesor benefits as a result of client or agency error or administrative overpayment orwho owes a debt of unpaid premium payments for medical assistance. "Public assistance" shall mean family investment program, food assistanceSNAP, Medicaid, state supplementary assistance, PROMISE JOBS, child care assistance, refugee cash assistance, IowaCare, and HAWK-Ihawki program. "Repayment agreement" shall mean an agreement entered into voluntarily between the department and the debtor for the repayment of debts. Agreements shall be made on Form 470-0495or 470-0495(S), Agreement to Pay a Debt, or on a notice of debt listed in subrule 11.2(2).

ITEM 2. Amend subrule 11.2(2) as follows: 11.2(2) Notice of debt. A claim is established when the first notice of the debt is issued to the household on one of the following forms: a. Form 470-0338470-2891, Demand Letter for Food Assistance Agency Error Overissuance (no longer issued)Notice of Medical Assistance Overpayment. b. Form 470-2616470-4179, Demand Letter for FIP/RCA Agency Error Overissuance (no longer issued)Notice of SNAP Debt. c. Form 470-2891470-4530, Notice of Medical AssistanceChild Care Assistance Overpayment. d. Form 470-3486470-4668, Demand Letter for Food Assistance Intentional Program Violation Overissuance (no longer issued)Notice of SNAP Overpayment. e. Form 470-3487470-4683, Demand Letter for Food Assistance Inadvertent Household Error Overissuance (no longer issued)Notice of FIP or RCA Overpayment. f. Form 470-3490470-4668, Demand Letter for FIP/RCA Client Error Overissuance (no longer issued)Notice of PROMISE JOBS Overpayment. g. Form 470-3984, Notice of Healthy and Well Kids in Iowa (HAWK-I) Premium Overpayment. h. Form 470-3990, Demand Letter for PROMISE JOBS Agency Error Overissuance (no longer issued). i. Form 470-3991, Demand Letter for PROMISE JOBS Client Error Overissuance (no longer issued). j. Form 470-3992, Demand Letter for PROMISE JOBS Provider Error Overissuance (no longer issued). k. Form 470-4179, Notice of Food Assistance Debt. l. Form 470-4530, Notice of Child Care Assistance Overpayment. m. Form 470-4668, Notice of Food Assistance Overpayment. n. Form 470-4683, Notice of FIP or RCA Overpayment. o. Form 470-4688, Notice of PROMISE JOBS Overpayment.

ITEM 3. Amend paragraph 11.3(1)"b" as follows: b. For food assistanceSNAP, payment shall be applied first to all debts with an agreement and then to debts without an agreement. Within those two groupings, payment shall be applied in the following order: (1) First to state-only debts in chronological order of discovery, (2) Then to intentional program violation (IPV) debts in chronological order of discovery, (3) Then to inadvertent household error (IHE) debts in chronological order of discovery, and (4) Then to agency error debts in chronological order of discovery.

ITEM 4. Amend subrule 11.3(2) as follows: 11.3(2) Application of payment to multiple program areas. If there are debts in more than one program area of public assistance, payments received shall be applied to those program areas as indicated by the mode of repayment (food assistanceSNAP benefits, FIP benefits) or as indicated by the client at the time of payment.

ITEM 5. Amend paragraph 11.5(1)"a" as follows: a. Debtors not participating in the food assistance programSNAP shall be subject to collection action through the treasury offset program (TOP) which includes, but is not limited to, federal salary offset and federal tax refund offset. (1) Debtors shall be referred to TOP if they are delinquent in repaying their food assistanceSNAP debt and there is a claim or combination of claims with an unpaid balance which exceeds $25. (2) No claim which is less than three months old or more than ten years old as of January 31 of the offset year shall be referred. Exception: Claims which have had a final judgment entered are not subject to the ten-year time limit. (3) Debtors are delinquent in repaying their food assistanceSNAP debt if:

A repayment agreement has not been signed and 120 days have elapsed since the due date of the demand letter as defined in 441—subrule 65.21(4) minus any days the claim was not subject to collection action because of an appeal.
A repayment agreement has been signed but the debtor has failed to make the agreed-upon payments and has failed to make up the missed payments. The debtor shall be referred to TOP when 120 days have elapsed since the first of the month following the month that the debtor failed to make the agreed-upon payment and has not subsequently made up the missed payment.

ITEM 6. Amend subrule 11.5(6) as follows: 11.5(6) Application of setoff. DIA shall apply any setoff received as a result of this rule to the individual’s food assistanceSNAP debts.Any amount remaining after the setoff shall be released back to the individual. [Filed 8/16/22, effective 11/1/22][Published 9/7/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/7/22.ARC 6496CHuman Services Department[441]Adopted and Filed

Rule making related to five-year rules review

The Human Services Department hereby amends Chapter 40, “Application for Aid,” Chapter 41, “Granting Assistance,” Chapter 46, “Overpayment Recovery,” and Chapter 60, “Refugee Cash Assistance,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 217.6 and 239B.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 217.6 and 239B.4.Purpose and Summary This rule making reflects changes found during the Department’s five-year rules review. These amendments include updating the name of the Food Assistance program to the Supplemental Nutrition Assistance Program (SNAP), removing incorrect or obsolete cross-references, rescinding obsolete rules, adding information about the Kinship Caregiver Program, updating a division name, and adding clarifying language to rules. Time frames for refugee cash assistance are updated for refugees who entered the country on or after October 1, 2021, to allow for 12 months of assistance based on federal regulations in 87 Fed. Reg. 17312 (March 28, 2022). Language is also added to provide information on Afghan special immigrant (SI) parolees, Afghan SI conditional permanent residents (CPRs) and Afghan humanitarian parolees. A new definition of “safe haven” is added.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 15, 2022, as ARC 6369C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on August 11, 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 Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on November 1, 2022. The following rule-making actions are adopted:

ITEM 1. Amend rule 441—40.22(239B), introductory paragraph, as follows:

441—40.22(239B) Application. The application for the family investment program shall be submitted on theFood and Financial Support Application, Form 470-0462 or Form 470-0462(S). The application shall be signed by the applicant, the applicant’s authorized representative or, when the applicant is incompetent or incapacitated, someone acting responsibly on the applicant’s behalf. When both parents, or a parent and a stepparent, are in the home and eligibility is determined on a family or household basis, one parent or stepparent may sign the application and attest to the information for the assistance unit.

ITEM 2. Amend paragraph 40.22(5)"c" as follows: c. When assistance has been canceled for failure to return a completed review form pursuant to subrule 40.27(3), assistance shall be reinstated without a new application if the completed form is received by the department within 14 days of the effective date of cancellation and eligibility can be reestablished. If the fourteenth calendar day falls on a weekend or state holiday, the client shall have until the next business day to provide the information. The effective date of assistance shall be the date the Review/Recertification Eligibility Document, Form 470-2881, is received.

ITEM 3. Amend rule 441—40.23(239B), introductory paragraph, as follows:

441—40.23(239B) Date of application. The date of application is the date an identifiableFood and Financial Support Application, Form 470-0462 or Form 470-0462(S), is received by the department. When an application is delivered to a closed office, it will be considered received on the first day that is not a weekend or state holiday following the day that the office was last open.

ITEM 4. Amend subrule 40.24(4) as follows: 40.24(4) The decision with respect to eligibility shall be based on the applicant’s eligibility or ineligibility on the date the department enters all eligibility information into the department’s computer system, except as described in subrule 40.24(3). The applicant shall become a recipient on the date all eligibility information is entered into the department’s computer system and the computer system determines the applicant is eligible for aid.

ITEM 5. Amend rule 441—40.26(239B) as follows:

441—40.26(239B) Effective date of grant. New approvals shall be effective as of the date the applicant becomes eligible for assistance, but in no case shall the effective date be earlier than seven days following the date of application. When an individual is added to an existing eligible group, the individual shall be added effective as of the date the individual becomes eligible for assistance, but in no case shall the effective date be earlier than seven days following the date the change is reported. When it is reported that a person is anticipated to enter the home, the effective date of assistance shall be no earlier than the date of entry or seven days following the date of report, whichever is later.When the change is timely reported as described at subrule 40.27(4), a payment adjustment shall be made when indicated. When the individual’s presence is not timely reported as described at subrule 40.27(4), excess assistance issued is subject to recovery.In those instances where a person previously excluded from the eligible group as described at 441—subrule 41.27(11) is to be added to the eligible group, the effective date of eligibility shall be seven days following the date the person indicated willingness to cooperate. However, in no instance shall the person be added until cooperation has actually occurred.Exceptions: When adding a person who was previously excluded from the eligible group for failing to comply with 441—subrule 41.22(13), the effective date of eligibility shall be seven days following the date that the social security number or proof of application for a social security number is provided.When adding a person who was previously excluded from the eligible group as described at 441—subrules 41.23(5),and41.25(5)and 46.28(2) and rule 441—46.29(239B), the effective date of eligibility shall be seven days following the date that the period of ineligibility ended.When adding a person who was previously excluded from the eligible group as described at 441—subrule 41.24(8), the effective date of eligibility shall be seven days following the date the person signs a family investment agreementor the date the person is otherwise eligible, whichever is later. In no case shall the effective date be within the six-month ineligibility period of a subsequent limited benefit plan as described at 441—paragraph 41.24(8)“a.” This rule is intended to implement Iowa Code section 239B.3.

ITEM 6. Amend paragraph 40.27(3)"b" as follows: b. When the client has completed Form 470-0462 or Form 470-0462(S),Food and Financial Support Application, for another purpose, this form may be used as the review document.

ITEM 7. Amend subparagraph 41.22(6)"b" as follows: (4) Paying to the department any cash support payments for a member of the eligible group, except as described at 41.27(7)“p,”and “q,” received by a recipient after the date of decision as defined in 441—subrule 40.24(4).

ITEM 8. Amend paragraph 41.22(16)"g" as follows: g. Other circumstances exist which indicate that living with the parents or legal guardian will defeat the goals of self-sufficiency and responsible parenting. Situations which appear to meet this good cause reason must be referred to the administrator of the division of economic assistanceadult, children and family services, or the administrator’s designee, for determination of good cause.

ITEM 9. Amend paragraph 41.23(5)"b", introductory paragraph, as follows: b. Attestation of status.As a condition of eligibility, an attestation of citizenship or alien status shall be made for all applicants and recipients on Form 470-0462 or 470-0462(S),Food and Financial Support Application, or Form 470-2549, Statement of Citizenship Status. Form 470-2881, 470-2881(S), 470-2881(M), or 470-2881(MS), Review/Recertification Eligibility Document, may be used to attest to the citizenship of dependent children who enter a recipient household. Failure to sign a form attesting to citizenship when required to do so creates ineligibility for the entire eligible group. The attestation may be signed by:

ITEM 10. Adopt the following new implementation sentence in rule 441—41.24(239B): This rule is intended to implement Iowa Code section 239B.4(6).

ITEM 11. Rescind and reserve subrule 41.25(1).

ITEM 12. Amend subrule 41.25(2), introductory paragraph, as follows: 41.25(2) Duplication of assistance. A recipient whose needs are included in a family investment program grant shall not concurrently receive a grant under any other public assistance program administered by the department, including IV-E foster care,or state-funded foster careor kinship caregiver program payments.

ITEM 13. Amend subparagraph 41.25(5)"c" as follows: (2) An individual is not participating in a strike at the individual’s place of employment when the individual is not picketing and does not intend to picket during the course of the dispute, does not draw strike pay, and provides a signed statement that the individual is willing and ready to return to work but does not want to cross the picket line solely because of the risk of personal injury or death or trauma from harassment. The district administratorservice area manager shall determine whether such a risk to the individual’s physical or emotional well-being exists.

ITEM 14. Rescind and reserve subrule 41.25(9).

ITEM 15. Amend subrule 41.25(11), introductory paragraph, as follows: 41.25(11) Access to benefits. As a condition of eligibility, applicants and recipients must agree in writing to not use an electronic access card at prohibited locations. By signing Form 470-0462 or 470-0462(S),Food and Financial Support Application, or Form 470-2881, 470-2881(S), 470-2881(M), or 470-2881(MS), Review/Recertification Eligibility Document, the applicant, the applicant’s authorized representative or, when the applicant is incompetent or incapacitated, someone acting responsibly on the applicant’s behalf agrees to this condition of eligibility. When both parents, or a parent and a stepparent, are in the home and eligibility is determined on a family or household basis, one parent or stepparent may sign the application and agree to this condition for the assistance unit. Failure to sign a form agreeing to not use the electronic access card at prohibited locations creates ineligibility for the entire eligible group.

ITEM 16. Amend paragraph 41.25(11)"e" as follows: e. A new period of ineligibility shall be established when: (1) A recipient files an appeal either:

Before the effective date of the intended action on the notice of decision or notice of action establishing the beginning date of the ineligibility period, or
Within ten days from the date on which a notice establishing the beginning date of the ineligibility period is received. The date on which notice is received is considered to be five days after the date on the notice, unless the beneficiary shows that the beneficiary did not receive the notice within the five-day period;

(2) Assistance is continued pending the final decision of the appeal; and (3) The department’s action is affirmed.Assistance issued pending the final decision of an appeal is not subject to recovery pursuant to 441—subrule 7.9(6)rule 441—7.17(17A).

ITEM 17. Amend paragraph 41.26(1)"e" as follows: e. A reserve of other property, real or personal, not to exceed $2000 for applicant assistance units and $5000 for recipient assistance units. Exception: Applicant assistance units with at least one member who was a recipient in Iowa in the month prior to the month of application are subject to the $5000 limit. The exception includes those persons who did not receive an assistance grant due to the limitations described at rules 441—45.26(239B) and 441—45.27(239B) and persons whose grants were suspended as in 41.27(9)“f” in the month prior to the month of application.Resources of the applicant or the recipient shall be determined in accordance with subrule 41.26(2).

ITEM 18. Amend subrule 41.26(4) as follows: 41.26(4) Liquidation. When proceeds from the sale of resources or conversion of a resource to cash, together with other nonexempted resources, exceed the property limitations, the recipient is ineligible to receive assistance until the amount in excess of the resource limitation has been expended unless immediately used to purchase a homestead, or reduce the mortgage on a homestead. a. Property settlements. Property settlements which are part of a legal action in a dissolution of marriage or palimony suit are considered as resources upon receipt. b. Property sold under installment contract. Property sold under an installment contract or held as security in exchange for a price consistent with its fair market value is exempt as a resource. If the price is not consistent with the contract’s fair market value, the resource value of the installment contract is the gross price for which it can be sold or discounted on the open market, less any legal debts, claims, or liens against the installment contract.Payments from property sold under an installment contract are exempt as income as specified in paragraphs 41.27(1)“f” and 41.27(7)“ah.”41.27(7)“aj.” The portion of any payment received representing principal is considered a resource upon receipt. The interest portion of the payment is considered a resource the month following the month of receipt.

ITEM 19. Amend rule 441—41.27(239B) as follows:

441—41.27(239B) Income. All unearned and earned income, unless specifically exempted, disregarded, deducted for work expenses, or diverted as defined in these rules, shall be considered in determining initial and continuing eligibility and the amount of the family investment program grant.

The determination of initial eligibility is a three-step process. Initial eligibility shall be granted only when (1) the countable gross nonexempt unearned and earned income, exclusive of the family investment program grant, received by the eligible group and available to meet the current month’s needs is no more than 185 percent of the standard of need for the eligible group; (2) the countable net unearned and earned income is less than the standard of need for the eligible group; and (3) the countable net unearned and earned income, after applying allowable disregards, is less than the payment standard for the eligible group.
The determination of continuing eligibility is a two-step process. Continuing eligibility shall be granted only when (1) countable gross nonexempt income, as described for initial eligibility, does not exceed 185 percent of the standard of need for the eligible group; and (2) countable net unearned and earned income is less than the payment standard for the eligible group.
The amount of the family investment program grant shall be determined by subtracting countable net income from the payment standard for the eligible group. Child support assigned to the department in accordance with subrule 41.22(7) and retained by the department as described in subparagraph 41.27(1)“h”(2) shall be considered as exempt income for the purpose of determining continuing eligibility., including child support as specified in paragraph 41.27(7)“q.” Deductions and diversions shall be allowed when verification is provided.

41.27(1) Unearned income. Unearned income is any income in cash that is not gained by labor or service. When taxes are withheld from unearned income, the amount considered will be the net income after the withholding of taxes (Federal Insurance Contribution Act, state and federal income taxes). Net unearned income shall be determined by deducting reasonable income-producing costs from the gross unearned income. Money left after this deduction shall be considered gross income available to meet the needs of the eligible group. a. Social security income is the amount of the entitlement before withholding of a Medicare premium. b. Rescinded, effective December 1, 1986. c. Rescinded, effective September 1, 1980. d. Rescinded IAB 2/11/98, effective 2/1/98. e. Rescinded IAB 2/11/98, effective 2/1/98. f. When the applicant or recipient sells property on contract, proceeds from the sale shall be considered exempt as income. The portion of any payment that represents principal is considered a resource upon receipt as defined in 41.26(4). The interest portion of the payment is considered a resource the month following the month of receipt. g. Every person in the eligible group and any parent living in the home of a child in the eligible group shall take all steps necessary to apply for and, if entitled, accept any financial benefit for which that person may be qualified, even though the benefit may be reduced because of the laws governing a particular benefit. When the person claims a physical or mental disability that is expected to last continuously for 12 months from the time of the claim or to result in death and the person is unable to engage in substantial activity due to the disability, or the person otherwise appears eligible, as the person is aged 65 or older or is blind, the person shall apply for social security benefits and supplemental security income benefits. (1) Except as described in subparagraph (2), the needs of any person who refuses to take all steps necessary to apply for and, if eligible, to accept other financial benefits shall be removed from the eligible group. The person remains eligible for the work incentive disregard described in paragraph 41.27(2)“c.” (2) The entire assistance unit is ineligible for FIP when a person refuses to apply for or, if entitled, to accept social security or supplemental security income. For applicants, this subparagraph applies to those who apply on or after July 1, 2002. For FIP recipients, this subparagraph applies at the time of the next six-month or annual review as described at 441—subrule 40.27(1) or when the recipient reports a change that may qualify a person in the eligible group or a parent living in the home for these benefits, whichever occurs earlier. h. Support payments in cash shall be considered as unearned income in determining initial and continuing eligibility. (1) Any nonexempt cash support payment for a member of the eligible group, made while the application is pending, shall be treated as unearned income and deducted from the initial assistance grant(s). Any cash support payment for a member of the eligible group, except as described at 41.27(7)“p,”and “q,” received by the recipient after the date of decision as defined in 441—subrule 40.24(4) shall be refunded to the child support recovery unit. (2) Assigned support collected in a month and retained by child support recovery shall be exempt as income for determining prospective or retrospective eligibility. Participants shall have the option of withdrawing from FIP at any time and receiving their child support direct. (3) Rescinded IAB 12/3/97, effective 2/1/98. (4) Rescinded IAB 12/3/97, effective 2/1/98. i. The applicant or recipient shall cooperate in supplying verification of all unearned income, as defined at rule 441—40.21(239B)441—paragraph 40.24(1)“b” and 441—subrule 40.27(4). When the information is available, the department shall verify jobunemployment insurance benefits by using information supplied to the department by the department of workforce development. When the department uses this information as verification, job insurance benefits shall be considered received the second day after the date that the check was mailed by workforce development. When the second day falls on a Sunday or federal legal holiday, the time shall be extended to the next mail delivery day. When the client notifies the department that the amount of jobunemployment insurance benefits used is incorrect, the client shall be allowed to verify the discrepancy. A payment adjustment shall be made when indicated. Recoupment shall be made for any overpayment. The client must report the discrepancy prior to the payment month or within ten days of the date on the Notice of Decision, Form 470-0485(C) or 470-0486(M), applicable to the payment month, whichever is later, in order to receive a payment adjustment. 41.27(2) Earned income. Earned income is defined as income in the form of a salary, wages, tips, bonuses, commissions earned as an employee, income from Job Corps, or profit from self-employment. Earned income from commissions, wages, tips, bonuses, Job Corps, or salary means the total gross amount irrespective of the expenses of employment. Income shall be considered earned income when it is produced as a result of the performance of services by an individual. a. Earned income deduction.Each person in the assistance unit whose gross nonexempt earned income, earned as an employee or net profit from self-employment, is considered in determining eligibility and the amount of the assistance grant is entitled to one 20 percent earned income deduction of nonexempt monthly gross earnings. The deduction is intended to include all work-related expenses other than child care. These expenses shall include, but not be limited to, all of the following: taxes, transportation, meals, uniforms, and other work-related expenses. b. Rescinded IAB 12/29/99, effective 3/1/00. c. Work incentive disregard.After deducting the allowable work-related expenses as defined in paragraph 41.27(2)“a” and income diversions as defined in subrules 41.27(4) and 41.27(8), the department shall disregard 58 percent of the total of the remaining monthly nonexempt earned income, earned as an employee or the net profit from self-employment, of each person whose income must be considered in determining eligibility and the amount of the assistance grant. (1) The work incentive disregard is not time-limited. (2) Initial eligibility is determined without the application of the work incentive disregard as described at subparagraphs 41.27(9)“a”(2) and (3). d. Self-employment.A person is considered self-employed when the person: (1) Is not required to report to the office regularly except for specific purposes such as sales training meetings, administrative meetings, or evaluation sessions. (2) Establishes the person’s own working hours, territory, and methods of work. (3) Files quarterly reports of earnings, withholding payments, and FICA payments to the Internal Revenue Service. e. Self-employment income.Earned income from self-employment as defined in paragraph 41.27(2)“d” means the net profit from self-employment. “Net profit” means gross self-employment income less: (1) Forty percent of the gross income to cover the costs of producing the income, or (2) At the request of the applicant or recipient, actual expenses determined in the manner specified in paragraph 41.27(2)“f.” f. Deduction of self-employment expenses.When the applicant or recipient requests that actual expenses be deducted, the net profit from self-employment income shall be determined by deducting only the following expenses that are directly related to the production of the income: (1) The cost of inventories and supplies purchased that are required for the business, such as items for sale or consumption and raw materials. (2) Wages, commissions, and mandated costs relating to the wages for employees of the self-employed. (3) The cost of shelter in the form of rent; the interest on mortgage or contract payments; taxes; and utilities. (4) The cost of machinery and equipment in the form of rent or the interest on mortgage or contract payments. (5) Insurance on the real or personal property involved. (6) The cost of any repairs needed. (7) The cost of any travel required. (8) Any other expense directly related to the production of income, except the purchase of capital equipment and payment on the principal of loans for capital assets and durable goods or any cost of depreciation. g. Child care income.Gross income from providing child care in the applicant’s or recipient’s own home shall include the total payment(s) received for the service and any payment received due to the Child Nutrition Amendments of 1978 for the cost of providing meals to children. h. Income verification.The applicant or recipient shall cooperate in supplying verification of all earned income and of any change in income, as defined at rule 441—40.21(239B)441—paragraph 40.24(1)“b” and 441—subrule 40.27(4). A self-employed individual shall keep any records necessary to establish eligibility. 41.27(3) Shared living arrangements. When a family investment program parent shares living arrangements with another family or person, funds combined to meet mutual obligations for shelter and other basic needs are not income. Funds made available to the family investment program eligible group, exclusively for their needs, are considered income. 41.27(4) Diversion of income. a. Nonexempt earned and unearned income of the parent shall be diverted to meet the unmet needs, including special needs, of the ineligible child(ren) of the parent living in the family group who meets the age and school attendance requirements specified in subrule 41.21(1). Income of the parent shall be diverted to meet the unmet needs of the ineligible child(ren) of the parent and a companion in the home only when the income and resources of the companion and the child(ren) are within family investment program standards. The maximum income that shall be diverted to meet the needs of the ineligible child(ren) shall be the difference between the needs of the eligible group if the ineligible child(ren) were included and the needs of the eligible group with the child(ren) excluded, except as specified in 41.27(8)“a”(2) and 41.27(8)“b.” b. Nonexempt earned and unearned income of the parent shall be diverted to permit payment of court-ordered support to children not living with the parent when the payment is actually being made. 41.27(5) Income of unmarried specified relatives under age 19. Treatment of the income of an unmarried specified relative under the age of 19 is determined by whether the specified relative lives with a parent who receives FIP assistance, lives with a nonparental relative, lives in an independent living arrangement, or lives with a self-supporting parent, as follows. a. Living with a parent on FIP, with a nonparental relative, or in an independent living arrangement. (1) The income of the unmarried, underage specified relative who is also an eligible child in the grant of the specified relative’s parent shall be treated in the same manner as that of any other child. The income for the unmarried, underage specified relative who is not an eligible child in the grant of the specified relative’s parent shall be treated in the same manner as though the specified relative had attained majority. (2) The income of the unmarried, underage specified relative living with a nonparental relative or in an independent living arrangement shall be treated in the same manner as though the specified relative had attained majority. b. Living with a self-supporting parent. The income of an unmarried specified relative under the age of 19 who is living in the same home as one or both of the person’s self-supporting parents shall be treated in accordance with subparagraphs (1), (2), and (4) below. (1) When the unmarried specified relative is under the age of 18 and not a parent of the dependent child, the income of the specified relative shall be exempt. (2) When the unmarried specified relative is under the age of 18 and a parent of the dependent child, the income of the specified relative shall be treated in the same manner as though the specified relative had attained majority. The income of the specified relative’s self-supporting parent(s) shall be treated in accordance with 41.27(8)“c.” (3) Rescinded IAB 4/3/91, effective 3/14/91. (4) When the unmarried specified relative is age 18, the income of the specified relative shall be treated in the same manner as though the specified relative had attained majority. 41.27(6) Exempt as income and resources. The following shall be exempt as income and resources: a. Food reserves from home-produced garden products, orchards, domestic animals, and the like, when utilized by the household for its own consumption. b. The value of the food assistancesupplemental nutrition assistance program benefit. c. The value of the United States Department of Agriculture donated foods (surplus commodities). d. The value of supplemental food assistance received under the Child Nutrition Act and the special food service program for children under the National School Lunch Act. e. Any benefits received under Title III-C, Nutrition Program for the Elderly, of the Older Americans Act. f. Benefits paid to eligible households under the Low Income Home Energy Assistance Act of 1981. g. Any payment received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the Federal-Aid Highway Act of 1968. h. Any judgment funds that have been or will be distributed per capita or held in trust for members of any Indian tribe. When the payment, in all or part, is converted to another type of resource, that resource is also exempt. i. Payments to volunteers participating in the Volunteers in Service to America (VISTA) program, except that this exemption will not be applied when the director of ACTION determines that the value of all VISTA payments, adjusted to reflect the number of hours the volunteers are serving, is equivalent to or greater than the minimum wage then in effect under the Fair Labor Standards Act of 1938, or the minimum wage under the laws of the state where the volunteers are serving, whichever is greater. j. Payments for supporting services or reimbursement of out-of-pocket expenses received by volunteers in any of the programs established under Titles II and III of the Domestic Volunteer Services Act. k. Tax-exempt portions of payments made pursuant to the Alaskan Native Claims Settlement Act. l. Experimental housing allowance program payments made under annual contribution contracts entered into prior to January 1, 1975, under Section 23 of the U.S. Housing Act of 1936 as amended. m. The income of a supplemental security income recipient. n. Income of an ineligible child. o. Income in-kind. p. Family support subsidy program payments. q. Grants obtained and used under conditions that preclude their use for current living costs. r. All earned and unearned educational funds of an undergraduate or graduate student or a person in training. Any extended social security or veterans benefits received by a parent or nonparental relative as defined at subrule 41.22(3), conditional to school attendance, shall be exempt. However, any additional amount received for the person’s dependents who are in the eligible group shall be counted as nonexempt income. s. Rescinded IAB 2/11/98, effective 2/1/98. t. Any income restricted by law or regulation which is paid to a representative payee, living outside the home, other than a parent who is the applicant or recipient, unless the income is actually made available to the applicant or recipient by the representative payee. u. The first $50 received and retained by an applicant or recipient which represents a current monthly support obligation or a voluntary support payment, paid by a legally responsible individual, but in no case shall the total amount exempted exceed $50 per month per eligible group. v. Bona fide loans. Evidence of a bona fide loan may include any of the following: (1) The loan is obtained from an institution or person engaged in the business of making loans. (2) There is a written agreement to repay the money within a specified time. (3) If the loan is obtained from a person not normally engaged in the business of making a loan, there is a borrower’s acknowledgment of obligation to repay (with or without interest), or the borrower expresses intent to repay the loan when funds become available in the future, or there is a timetable and plan for repayment. w. Payments made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.). x. The income of a person ineligible due to receipt of state-funded foster care, IV-E foster care,kinship caregiver program, or subsidized adoption assistance. y. Payments for major disaster and emergency assistance provided under the Disaster Relief Act of 1974 as amended by Public Law 100-707, the Disaster Relief and Emergency Assistance Amendments of 1988. z. Payments made to certain United States citizens of Japanese ancestry and resident Japanese aliens under Section 105 of Public Law 100-383, and payments made to certain eligible Aleuts under Section 206 of Public Law 100-383, entitled “Wartime Relocation of Civilians.” aa. Payments received from the Radiation Exposure Compensation Act. ab. Deposits into an individual development account (IDA) when determining eligibility and benefit amount. The amount of the deposit is exempt as income and shall not be used in the 185 percent eligibility test. The deposit shall be deducted from nonexempt earned and unearned income that the client receives in the same budget month in which the deposit is made. To allow a deduction, verification of the deposit shall be provided by the end of the report month or the extended filing date, whichever is later. The client shall be allowed a deduction only when the deposit is made from the client’s money. The earned income deductions in 41.27(2)“a” and “c” shall be applied to nonexempt earnings from employment or net profit from self-employment that remain after deducting the amount deposited into the account. Allowable deductions shall be applied to any nonexempt unearned income that remains after deducting the amount of the deposit. If the client has both nonexempt earned and unearned income, the amount deposited into the IDA account shall first be deducted from the client’s nonexempt unearned income. Deposits shall not be deducted from earned or unearned income that is exempt. ac. Assigned support collected in a month and retained by child support recovery as described in subparagraph 41.27(1)“h”(2). 41.27(7) Exempt as income. The following are exempt as income. a. Reimbursements from a third party. b. Reimbursement from the employer for job-related expenses. c. The following nonrecurring lump sum payments: (1) Income tax refund. (2) Retroactive supplemental security income benefits. (3) Settlements for the payment of medical expenses. (4) Refunds of security deposits on rental property or utilities. (5) That part of a lump sum received and expended for funeral and burial expenses. (6) That part of a lump sum both received and expended for the repair or replacement of resources. d. PaymentsFoster care or kinship caregiver program payments received by the family providingthat is: (1) Providingfoster care to a child or children when the family is operating a licensed foster home, or (2) Caring for a relative or fictive kin child or children placed in the home by a court order. e. Rescinded IAB 5/1/91, effective 7/1/91. f. A small monetary nonrecurring gift, such as a Christmas, birthday or graduation gift, not to exceed $30 per person per calendar quarter.When a monetary gift from any one source is in excess of $30, the total gift is countable as unearned income. When monetary gifts from several sources are each $30 or less, and the total of all gifts exceeds $30, only the amount in excess of $30 is countable as unearned income. g. Federal or state earned income tax credit. h. Supplementation from county funds providing: (1) The assistance does not duplicate any of the basic needs as recognized by the family investment program, or (2) The assistance, if a duplication of any of the basic needs, is made on an emergency basis, not as ongoing supplementation. i. Any payment received as a result of an urban renewal or low-cost housing project from any governmental agency. j. A retroactive corrective payment. k. The training allowance issued by the division of vocational rehabilitation, department of education. l. Payments from the PROMISE JOBS program. m. Rescinded, effective July 1, 1989. n. The training allowance issued by the department for the blind. o. Payment(s) from a passenger(s) in a car pool. p. Support refunded by the child support recovery unit for the first month of termination of eligibility and the family does not receive the family investment program. q. Rescinded IAB 11/8/06, effective 1/1/07. r. Rescinded IAB 11/8/06, effective 1/1/07. s. Income of a nonparental relative as defined in 41.22(3) except when the relative is included in the eligible group. t. Rescinded IAB 11/8/06, effective 1/1/07. u. Rescinded IAB 9/11/96, effective 11/1/96. v. Compensation in lieu of wages received by a child funded through an employment and training program of the U.S. Department of Labor. w. Any amount for training expenses included in a payment funded through an employment and training program of the U.S. Department of Labor. x. Rescinded, effective July 1, 1986. y. Earnings of an applicant or recipient aged 19 or younger who is a full-time student as defined in 41.24(2)“e.” The exemption applies through the entire month of the person’s twentieth birthday.Exception: When the twentieth birthday falls on the first day of the month, the exemption stops on the first day of that month. z. Income attributed to an unmarried, underage parent in accordance with 41.27(8)“c” effective the first day of the month following the month in which the unmarried, underage parent turns age 18 or reaches majority through marriage. When the unmarried, underage parent turns age 18 on the first day of a month, the income of the self-supporting parent(s) becomes exempt as of the first day of that month. aa. Rescinded IAB 12/3/97, effective 2/1/98. ab. Incentive payments received from participation in the adolescent pregnancy prevention programs. ac. Payments received from the comprehensive child development program, funded by the Administration for Children, Youth, and Families, provided the payments are considered complimentary assistance by federal regulation. ad. Incentive allowance payments received from the work force investment project, provided the payments are considered complimentary assistance by federal regulation. ae. Interest and dividend income. af. Rescinded IAB 12/3/97, effective 2/1/98. ag. Rescinded IAB 11/8/06, effective 1/1/07. ah. Welfare reform and regular household honorarium income. All moneys paid to a FIP household in connection with the welfare reform demonstration longitudinal study or focus groups shall be exempted. ai. Diversion or self-sufficiency grants assistance as described at 441—Chapter 47. aj. Payments from property sold under an installment contract as specified in paragraphs 41.26(4)“b” and 41.27(1)“f.” ak. All census earnings received by temporary workers from the Bureau of the Census. 41.27(8) Treatment of income in excluded parent cases, stepparent cases, and underage parent cases. a. Treatment of income in excluded parent cases. (1) A parent who is living in the home with the eligible child(ren) but whose needs are excluded from the eligible group is eligible for the earned income deduction described at paragraph 41.27(2)“a,” the work incentive disregard described at paragraph 41.27(2)“c,” and diversions described at subrule 41.27(4). (2) The excluded parent shall be permitted to retain that part of the parent’s income to meet the parent’s needs as determined by the difference between the needs of the eligible group with the parent included and the needs of the eligible group with the parent excluded except as described at subrule 41.27(11). (3) All remaining income of the excluded parent shall be applied against the needs of the eligible group. b. Treatment of income in stepparent cases.The income of a stepparent who is not included in the eligible group, but is living with the parent in the home of the eligible child(ren), shall be given the same consideration and treatment as that of a parent subject to the limitations of subparagraphs (1) to (10) below. (1) The stepparent’s monthly gross nonexempt earned income, earned as an employee or monthly net profit from self-employment, shall receive a 20 percent earned income deduction. (2) Rescinded IAB 6/30/99, effective 7/1/99. (3) Any amounts actually paid by the stepparent to individuals not living in the home, who are claimed or could be claimed by the stepparent as dependents for federal income tax purposes, shall be deducted from nonexempt monthly earned and unearned income of the stepparent. (4) The stepparent shall also be allowed a deduction from nonexempt monthly earned and unearned income for alimony and child support payments made to individuals not living in the home with the stepparent. (5) Except as described at 41.27(11), the nonexempt monthly earned and unearned income of the stepparent remaining after application of the deductions in 41.27(8)“b”(1) to (4) above shall be used to meet the needs of the stepparent and the stepparent’s dependents living in the home, when the dependents’ needs are not included in the eligible group and the stepparent claims or could claim the dependents for federal income tax purposes. These needs shall be determined in accordance with the family investment program standard of need for a family group of the same composition. (6) The stepparent shall be allowed the work incentive disregard described at paragraph 41.27(2)“c” from monthly earnings. The disregard shall be applied to earnings that remain after all other deductions in subparagraphs 41.27(8)“b”(1) through (5) have been subtracted from the earnings. However, the work incentive disregard is not allowed when determining initial eligibility as described at subparagraphs 41.27(9)“a”(2) and (3). (7) The deductions described in subparagraphs (1) through (6) will first be subtracted from earned income in the same order as they appear above.When the stepparent has both nonexempt earned and unearned income and earnings are less than the allowable deductions, then any remaining portion of the deductions in subparagraphs (3) through (5) shall be subtracted from unearned income. Any remaining income shall be applied as unearned income to the needs of the eligible group.If the stepparent has earned income remaining after allowable deductions, then any nonexempt unearned income shall be added to the earnings and the resulting total counted as unearned income to the needs of the eligible group. (8) A nonexempt nonrecurring lump sum received by a stepparent shall be considered as income in the month received. Any portion of the nonrecurring lump sum retained by the stepparent in the month following the month of receipt shall be considered a resource to the stepparent. (9) When the income of the stepparent, not in the eligible group, is insufficient to meet the needs of the stepparent and the stepparent’s dependents living in the home who are not eligible for FIP, the income of the parent may be diverted to meet the unmet needs of the child(ren) of the current marriage except as described at 41.27(11). (10) When the needs of the stepparent, living in the home, are not included in the eligible group, the eligible group and any child(ren) of the parent living in the home who is not eligible for FIP shall be considered as one unit, and the stepparent and the stepparent’s dependents, other than the spouse, shall be considered a separate unit. (11) Rescinded IAB 6/30/99, effective 9/1/99. c. Treatment of income in underage parent cases.In the case of a dependent child whose unmarried parent is under the age of 18 and living in the same home as the unmarried, underage parent’s own self-supporting parent(s), the income of each self-supporting parent shall be considered available to the eligible group after appropriate deductions. The deductions to be applied are the same as are applied to the income of a stepparent pursuant to 41.27(8)“b”(1) to (7). Nonrecurring lump sum income received by the self-supporting parent(s) shall be treated in accordance with 41.27(8)“b”(8).When the self-supporting spouse of a self-supporting parent is also living in the home, the income of that spouse shall be attributable to the self-supporting parent in the same manner as the income of a stepparent is determined pursuant to 41.27(8)“b”(1) to (7). Nonrecurring lump sum income received by the spouse of the self-supporting parent shall be treated in accordance with 41.27(8)“b”(8). The self-supporting parent and any ineligible dependents of that person shall be considered as one unit; the self-supporting spouse and the spouse’s ineligible dependents, other than the self-supporting parent, shall be considered a separate unit. 41.27(9) Budgeting process. Both initial and ongoing eligibility and benefits shall be determined using a projection of income based on the best estimate of future income. a. Initial eligibility. (1) At time of application, all earned and unearned income received and anticipated to be received by the eligible group during the month the decision is made shall be considered to determine eligibility for the family investment program, except income which is exempt. All countable earned and unearned income received by the eligible group during the 30 days before the interview shall be used to project future income. If the applicant indicates that the 30-day period is not indicative of future income, income from a longer period or verification of anticipated income from the income source may be used to project future income.When income is prorated in accordance with 41.27(9)“c”(1) and 41.27(9)“i,” the prorated amount is counted as income received in the month of decision. Allowable work expenses during the month of decision shall be deducted from earned income, except when determining eligibility under the 185 percent test defined in rule 441—41.27(239B). The determination of eligibility in the month of decision is a three-step process as described in rule 441—41.27(239B). (2) When countable gross nonexempt earned and unearned income in the month of decision, or in any other month after assistance is approved, exceeds 185 percent of the standard of need for the eligible group, the application shall be rejected or the assistance grant canceled. Countable gross income means nonexempt gross income, as defined in rule 441—41.27(239B), without application of any disregards, deductions, or diversions. When the countable gross nonexempt earned and unearned income in the month of decision equals or is less than 185 percent of the standard of need for the eligible group, initial eligibility under the standard of need shall then be determined. Initial eligibility under the standard of need is determined without application of the work incentive disregard as specified in paragraph 41.27(2)“c.” All other appropriate exemptions, deductions and diversions are applied. Countable income is then compared to the standard of need for the eligible group. When countable net earned and unearned income in the month of decision equals or exceeds the standard of need for the eligible group, the application shall be denied. (3) When the countable net income in the month of decision is less than the standard of need for the eligible group, the work incentive disregard described in paragraph 41.27(2)“c” shall be applied when there is eligibility for this disregard. When countable net earned and unearned income in the month of decision, after application of the work incentive disregard and all other appropriate exemptions, deductions, and diversions, equals or exceeds the payment standard for the eligible group, the application shall be denied.When the countable net income in the month of decision is less than the payment standard for the eligible group, the eligible group meets income requirements. The amount of the family investment program grant shall be determined by subtracting countable net income in the month of decision from the payment standard for the eligible group, except as specified in subparagraph 41.27(9)“a”(4). (4) Eligibility for the family investment program for any month or partial month before the month of decision shall be determined only when there is eligibility in the month of decision. The family composition for any month or partial month before the month of decision shall be considered the same as on the date of decision. In determining eligibility and the amount of the assistance payment for any month or partial month preceding the month of decision, income and all circumstances except family composition in that month shall be considered in the same manner as in the month of decision. When the applicant is eligible for some, but not all, months of the application period due to the time limit described at subrule 41.30(1), family investment program eligibility shall be determined for the month of decision first, then the immediately preceding month, and so on until the time limit has been reached. (5) Rescinded IAB 11/8/06, effective 1/1/07. (6) Rescinded IAB 11/8/06, effective 1/1/07. (7) Rescinded IAB 7/4/07, effective 8/1/07. b. Ongoing eligibility. (1) The department shall prospectively compute eligibility and benefits when review information is submitted as described in 441—subrule 40.27(3). All countable earned and unearned income received by the eligible group during the previous 30 days shall be used to project future income. If the participant indicates that the 30-day period is not indicative of future income, income from a longer period or verification of anticipated income from the income source may be used to project future income. (2) When a change in eligibility factors occurs, the department shall prospectively compute eligibility and benefits based on the change, effective no later than the month following the month the change occurred. (3) Rescinded IAB 11/8/06, effective 1/1/07. (4) The earned income deduction for each wage earner as defined in paragraph 41.27(2)“a” and the work incentive disregard as defined in paragraph 41.27(2)“c” shall be allowed. c. Lump-sum income. (1) Recurring lump-sum income. Recurring lump-sum earned and unearned income, except for the income of the self-employed, shall be considered as income in the month received. Income received by an individual employed under a contract shall be prorated over the period of the contract. Income received at periodic intervals or intermittently shall be considered as income in the month received, except periodic or intermittent income from self-employment shall be treated as described in 41.27(9)“i.” When the income that is subject to proration is earned, appropriate disregards, deductions and diversions shall be applied to the monthly prorated income. Income that is subject to proration is prorated when a lump sum is received before the month of decision and is anticipated to recur; or a lump sum is received during the month of decision or at any time during the receipt of assistance. (2) Nonrecurring lump-sum income. Moneys received as a nonrecurring lump sum, except as specified in subrules 41.26(4) and 41.26(7) and paragraphs 41.27(8)“b” and 41.27(8)“c,” shall be treated in accordance with this rule. Nonrecurring lump-sum income shall be considered as income in the month received and counted in computing eligibility and the amount of the grant, unless the income is exempt. Nonrecurring lump-sum unearned income is defined as a payment in the nature of a windfall, for example, an inheritance, an insurance settlement for pain and suffering, an insurance death benefit, a gift, lottery winnings, or a retroactive payment of benefits, such as social security, job insurance or workers’ compensation. When countable income, exclusive of the family investment program grant but including countable lump-sum income, exceeds the needs of the eligible group, the case shall be canceled or the application rejected. In addition, the eligible group shall be ineligible for the number of full months derived by dividing the income by the standard of need for the eligible group. Any income remaining after this calculation shall be applied as income to the first month following the period of ineligibility and disregarded as income thereafter. The period of ineligibility shall begin with the month the lump sum is received.When a nonrecurring lump sum is timely reported as required by 441—paragraph 40.27(4)“f,” recoupment shall not be made for the month of receipt. When a nonrecurring lump sum is timely reported, but the timely notice as required by 441—subrule 16.3(1) requires that the action be delayed until the second calendar month following the month of change, recoupment shall not be made for the first calendar month following the month of change. When a nonrecurring lump sum is not timely reported, recoupment shall be made beginning with the month of receipt.The period of ineligibility shall be shortened when the schedule of living costs as defined in 41.28(2) increases.The period of ineligibility shall be shortened by the amount that is no longer available to the eligible group due to a loss or a theft or because the person controlling the lump sum no longer resides with the eligible group.The period of ineligibility shall also be shortened when there is an expenditure of the lump sum made for the following circumstances unless there was insurance available to meet the expense: Payments made on medical services for the former eligible group or their dependents for services listed in 441—Chapters 78, 81, 82 and 85 at the time the expense is reported to the department; the cost of necessary repairs to maintain habitability of the homestead requiring the spending of over $25 per incident; cost of replacement of exempt resources as defined in subrule 41.26(1) due to fire, tornado, or other natural disaster; or funeral and burial expenses. The expenditure of these funds shall be verified. A dependent is an individual who is claimed or could be claimed by another individual as a dependent for federal income tax purposes.When countable income, including the lump-sum income, is less than the needs of the eligible group, the lump sum shall be counted as income for the month received. For purposes of applying the lump-sum provision, the eligible group is defined as all eligible persons and any other individual whose lump-sum income is counted in determining the period of ineligibility. During the period of ineligibility, individuals not in the eligible group when the lump-sum income was received may be eligible for the family investment program as a separate eligible group. Income of this eligible group plus income, excluding the lump-sum income already considered, of the parent or other legally responsible person in the home shall be considered as available in determining eligibility and the amount of the grant. d. The third digit to the right of the decimal point in any computation of income and hours of employment shall be dropped. This includes the calculation of the amount of a child support sanction as defined in paragraph 41.22(6)“f.” e. In any month for which an individual is determined eligible to be added to a currently active family investment program case, the individual’s needs shall be included subject to the effective date of grant limitations as prescribed in 441—40.26(239B). (1) When adding an individual to an existing eligible group, any income of that individual shall be considered prospectively. (2) The needs of an individual determined to be ineligible to remain a member of the eligible group shall be removed prospectively effective the first of the following month. f. Rescinded IAB 11/8/06, effective 1/1/07. g. When income received weekly or biweekly (once every two weeks) is projected for future months, it shall be projected by adding all income received in the period being used and dividing the result by the number of instances of income received in that period. The result shall be multiplied by four if the income is received weekly or by two if the income is received biweekly, regardless of the number of weekly or biweekly payments to be made in future months. h. Income from self-employment received on a regular weekly, biweekly, semimonthly or monthly basis shall be budgeted in the same manner as the earnings of an employee. The countable income shall be the net income. i. Income from self-employment not received on a regular weekly, biweekly, semimonthly or monthly basis that represents an individual’s annual income shall be averaged over a 12-month period of time, even if the income is received within a short period of time during that 12-month period. Any change in self-employment shall be handled in accordance with subparagraphs (3), (4), and (5) below. (1) When a self-employment enterprise which does not produce a regular weekly, biweekly, semimonthly or monthly income has been in existence for less than a year, income shall be averaged over the period of time the enterprise has been in existence and the monthly amount projected for the same period of time. If the enterprise has been in existence for such a short time that there is very little income information, the worker shall establish, with the cooperation of the client, a reasonable estimate which shall be considered accurate and projected for three months, after which the income shall be averaged and projected for the same period of time. Any changes in self-employment shall be considered in accordance with subparagraphs (3), (4) and (5) below. (2) These policies apply when the self-employment income is received before the month of decision and the income is expected to continue, in the month of decision, and after assistance is approved. (3) A change in the cost of producing self-employment income is defined as an established permanent ongoing change in the operating expenses of a self-employment enterprise. Change in self-employment income is defined as a change in the nature of business. (4) When a change in operating expenses occurs, the department shall recompute the expenses on the basis of the change. (5) When a change occurs in the nature of the business, the income and expenses shall be computed on the basis of the change. j. Special needs. (1) A special need as defined in 41.28(3) must be documented before payment shall be made. (2) A one-time special need occurs and is considered in determining need for the calendar month in which the special need is entered on the automated benefit calculation system. (3) An ongoing special need is considered in determining need for the calendar month following the calendar month in which the special need is entered on the automated benefit calculation system. (4) When the special need continues, payment shall be included, prospectively, in each month’s family investment program grant. When the special need ends, payment shall be removed prospectively. Any overpayment for a special need shall be recouped. (5) Rescinded IAB 11/8/06, effective 1/1/07. k. When a family’s assistance for a month is subject to recoupment because the family was not eligible, individuals applying for assistance during the same month may be eligible for the family investment program as a separate eligible group. Income of this new eligible group plus income of the parent or other legally responsible person in the home shall be considered as available in determining eligibility and the amount of the grant. The income of an ineligible parent or other legally responsible person shall be considered prospectively in accordance with 41.27(4) and 41.27(8). 41.27(10) Aliens sponsored by individuals. When an alien admitted for lawful permanent residence is sponsored by a person who executed an enforceable affidavit of support as described in 8 U.S.C. Section 1631(a)(1) on behalf of the alien, the income of the alien shall be deemed to include the income of the sponsor (and of the sponsor’s spouse if living with the sponsor). The amount of the income of the sponsor and the sponsor’s spouse deemed to the alien shall be the total gross earned and unearned income remaining after allowing the earned income deduction described at paragraph 41.27(2)“a,” the work incentive disregard described at paragraph 41.27(2)“c,” and diversions described at subrule 41.27(4). The following are exceptions to deeming of a sponsor’s income: a. Deeming of the sponsor’s income does not apply when: (1) The sponsored alien attains citizenship through naturalization pursuant to Chapter 2 of Title III of the Immigration and Nationality Act; (2) The sponsored alien has earned 40 qualifying quarters of coverage as defined in Title II of the Social Security Act or can be credited with 40 qualifying quarters as defined at rule 441—40.21(239B); or (3) The sponsored alien or the sponsor dies. b. An indigent alien is exempt from the deeming of a sponsor’s income for 12 months after indigence is determined. An alien shall be considered indigent if: (1) The alien does not live with the sponsor; and (2) The alien’s gross income, including any income received from or made available by the sponsor, is less than 100 percent of the federal poverty level for the sponsored alien’s household size. c. A battered alien as described in 8 U.S.C. Section 1641(c) is exempt from the deeming of a sponsor’s income for 12 months. 41.27(11) Restriction on diversion of income. No income may be diverted to meet the needs of a person living in the home who has been sanctioned under subrule 41.24(8) or 41.25(5), or who has been disqualified under subrule 41.25(10) or rule 441—46.29(239B), or who is required to be included in the eligible group according to 41.28(1)“a” and has failed to cooperate. This restriction applies to 41.27(4)“a” and 41.27(8). This rule is intended to implement Iowa Code section 239B.7.

ITEM 20. Amend subparagraph 41.30(3)"e" as follows: (1) Families that have or are close to having received 60 months of assistance as defined in subrule 41.30(1) may request a hardship exemption. Requests for the hardship exemption shall be made on Form 470-3826 or Form 470-3826(S), Request for FIP Beyond 60 Months. In addition, families that have received assistance for 60 monthsand are no longer receiving FIP shall complete Form 470-0462 or Form 470-0462(S),Food and Financial Support Application, as described at rule 441—40.22(239B) as a condition for regaining FIP eligibility. Failure to provide the required application within ten days from the date of the department’s request shall result in denial of the hardship request.

ITEM 21. Amend subparagraph 41.30(3)"g" as follows: (4) PROMISE JOBS staff shall provide necessary supportive services as described in 441—Chapter 93 and shall monitor the six-month FIA. Periodic contacts shall be made with the family at least once a monthto monitor progress. These contacts need not be in person. Time and attendance reports shall be required as specified at 441—subrule 93.10(2).

ITEM 22. Amend rule 441—46.21(239B), definition of “Overpayment,” as follows: "Overpayment" means any assistance payment received in an amount greater than the amount the eligible group is entitled to receive or the amount of any payment accessedand any associated fees for accessing the benefits at a prohibited location pursuant to 441—subrule 41.25(11).

ITEM 23. Amend rule 441—46.25(239B), introductory paragraph, as follows:

441—46.25(239B) Source of recoupment. Recoupment shall be made from basic needs. The minimum recoupment amount shall be the amount prescribed insubrule46.25(3). Regardless of the source, the client may choose to make a lump sum payment, make periodic installment payments when an agreement to do this is made with the department of inspections and appeals, or have repayment withheld from the grant. The client shall sign Form 470-0495, Repayment ContractAgreement to Pay a Debt, when requested to do so by the department of inspections and appeals. When the client fails to make the agreed upon payment, the agency shall reduce the grant.

ITEM 24. Amend subrule 46.27(4) as follows: 46.27(4) Change of circumstances. When financial circumstances change, the recoupment planAgreement to Pay a Debt is subject to revision.

ITEM 25. Amend subrule 60.1(3) as follows: 60.1(3) Immigration and Naturalization Service documents. Each refugee shall provide Immigration and Naturalization Service documents in the form of either an I-94 card, an I-151 or I-551 card, or an I-181 card, or other appropriate documentation to support the immigration status defined in subrule 60.1(1). If the name of the resettlement agency which resettled the refugee is not on the document, the refugee shall provide the name of the resettlement agency.

ITEM 26. Amend rule 441—60.7(217) as follows:

441—60.7(217) Time limit for eligibility. 60.7(1) Assistance. A refugee may receive assistance, if otherwise eligible,: a. For refugees who entered the country prior to October 1, 2021,during the first eight months the refugee is in the United States, beginning the month the refugee enters the country. b. For refugees who entered the country on or after October 1, 2021, during the first 12 months the refugee is in the United States, beginning the month the refugee enters the country.Exception: For asylees, the date of entry is the date asylum is granted. The eight-month8-month or 12-month period of eligibility begins the month asylum is granted. A nonrefugee child in the home with a refugee parent (or refugee parents, if both are in the home) is eligible for assistance until the parent(s) has been in the United States for eight8 or 12 months, or until the child reaches eight8 or 12 months of age, whichever occurs first.For Afghan special immigrant (SI) parolees and Afghan SI conditional permanent residents (CPRs), the date is the date of “entry into the community,” which is the date the individual departed a safe haven. For Afghan humanitarian parolees, the date is the latter of October 1, 2021, or the date of entry into the community, which is the date the individual departed a safe haven. “Safe haven” is the term the U.S. government and other relevant stakeholders have used for U.S. military bases in the continental United States that housed Afghans evacuated under Operation Allies Refuge/Operation Allies Welcome (OAR/OAW) as Afghans awaited resettlement to their ultimate state of residence. 60.(1) 60.7(2) Resources. The resources of refugees excluded because of the eight-month8-month or 12-month limit shall be considered in the same manner as though these refugees were included in the eligible group. 60.(2) 60.7(3) Income. a. When the eligible refugee group has income, the income shall be diverted to meet the needs of the refugees ineligible because of the time limit who would otherwise have been included in the refugee assistance group as defined in subrule 60.5(4). b. The income of the refugees ineligible because of the time limit who would otherwise have been included in the assistance group as defined in subrule 60.5(4), shall be used first to meet the needs of the ineligible group and then applied to the eligible group’s needs. c. The amount of need for the ineligible group is the difference between the needs of the group including the ineligible refugees and the needs of the group excluding the ineligible refugees. Any excess income shall be applied to the needs of the eligible group. d. Any cash grant received by the applicant under the Department of State or the Department of Justice reception and placement programs shall be disregarded as income and as a resource.

ITEM 27. Amend paragraph 60.9(5)"d" as follows: d. If the sanctioned individual is the only member of the filing unit, the assistance shall be terminated. If the filing unit includes other members, the department shall not take into account the sanctioned individual’s needs in determining the filing unit’s need for assistance. If the sanctioned individual is a caretaker relative, assistance provided to the other persons in the grant shall be made in the form of protective payments as defined in rule 441—43.22(239B).

ITEM 28. Amend rule 441—60.14(217) as follows:

441—60.14(217) Alternate payees. Alternate payees are defined in 441—Chapter 43 except that refugee cash assistance shall be substituted for the family investment program whenever it appears.Exception: 441—subrule 43.22(1), paragraph “c,” shall not apply to refugee cash assistance applicants or recipients. [Filed 8/16/22, effective 11/1/22][Published 9/7/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/7/22.ARC 6497CHuman Services Department[441]Adopted and Filed

Rule making related to dependent adult abuse

The Human Services Department hereby amends Chapter 107, “Certification of Adoption Investigators,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 237.3.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 237.3.Purpose and Summary The rules in Chapter 107 were reviewed as part of the Department’s five-year rules review. As a result, clarification on the inclusion of dependent adult abuse in the evaluation process for record checks is added to the administrative rules. Forms are updated to add dependent adult abuse as a category. Language is updated to include categories of record checks and reports.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 15, 2022, as ARC 6370C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on August 11, 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 Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on November 1, 2022. The following rule-making actions are adopted:

ITEM 1. Amend subrule 107.4(5), introductory paragraph, as follows: 107.4(5) Record checks. The department of inspections and appeals shall submit record checks for each new applicant and those applying for recertification to determine whether they have any founded child abuse reports, dependent adult abuse reports or convictions or have been placed on the sex offender registry. The department of inspections and appeals shall use Form 470-0643, Request for Child Abuseand Dependent Adult Abuse Information, and Form 595-1396, DHS Criminal History Record Check, Form B, for this purpose. The department shall not certify the applicant with a record of founded child abuse,dependent adult abuse, a criminal conviction, or placement on the sex offender registry as an adoption investigator, unless evaluation of the founded abuse or crime indicates approval for certification.

ITEM 2. Amend subparagraph 107.5(2)"a" as follows: (6) The applicant has a founded child abuse, dependent adult abuse or criminal record conviction, unless an evaluation of the founded abuse or criminal conviction is conducted by the department of inspections and appeals which concludes that the abuse or crime does not merit prohibition of certification.

ITEM 3. Amend paragraph 107.8(1)"c" as follows: c. Record checks. The certified adoption investigator shall perform record checks for each applicant and for the other persons living in the home of the applicant as follows: (1) The records of the applicants shall be checked:

On the Iowa central abuse registry using the Request for Child Abuseand Dependent Adult Abuse Information form;
By the Iowa division of criminal investigation, using the DHS Criminal History Record Check, Form B;
On the Iowa sex offender registry;
On the child abuseand dependent adult abuse registry of any state where the applicant has lived during the five years prior to the issuance of the investigative report; and
For a national criminal history through fingerprinting or another biometric identification-based process accepted by the federal government.

(2) The records of persons aged 14 or older living in the home of the applicant shall be checked:

On the Iowa central abuse registry using the Request for Child Abuseand Dependent Adult Abuse Information form;
By the Iowa division of criminal investigation, using the DHS Criminal History Record Check, Form B; and
On the Iowa sex offender registry.

(3) Out-of-state child abuse checks, dependent adult abuse checks and national criminal history checks may be completed on any adult in the home of the applicant if the certified adoption investigator has reason to do so. (4) The person making the investigation shall not approve a prospective applicant and shall not perform an evaluation if the applicant or any other adult living in the home of the applicant has been convicted of a felony offense as set forth in Iowa Code section 600.8(2)“b.” (5) The person making the investigation shall not approve a prospective applicant and shall not perform an evaluation if the applicant or any other adult living in the home of the applicant has committed a crime in a state other than Iowa that would be a forcible felony if the crime would have been committed in Iowa, as set forth in Iowa Code section 600.8(2)“b.”

ITEM 4. Amend paragraph 107.8(1)"d" as follows: d. Evaluation of record. If there is a record of founded child abuse, dependent adult abuse or a criminal conviction for the applicant or any other adult living in the home of the applicant, the applicant shall not be approved to adopt, unless an evaluation determines that the abuse or criminal conviction does not warrant prohibition of approval. (1) The evaluation shall consider the nature and seriousness of the founded child abuse, dependent adult abuse or crime in relation to adoption, the time elapsed since the commission of the founded abuse or crime, the circumstances under which the abuse or crime was committed, the degree of rehabilitation, the likelihood that the person will commit the abuse or crime again, and the number of abuses or crimes committed by the person. (2) The person with the founded child abuse, dependent adult abuse or criminal conviction report shall complete and return the Record Check Evaluation form within ten calendar days of the date on the form to be used to assist in the evaluation. Failure of the person to complete and return the form within the specified time frame may result in a written denial of approval for adoption. (3) If the applicant, or any other adult living in the home of the applicant, has been convicted of a simple misdemeanor or a serious misdemeanor that occurred five or more years prior to application, the evaluation and decision may be made by a certified adoption investigator. The certified adoption investigator shall notify the applicant of the results of the evaluation in writing. The notice shall contain information on appeal rights. (4) If the applicant, or any other person living in the home of the applicant, has a founded childor dependent adult abuse report, has been convicted of an aggravated misdemeanor or felony at any time, or has been convicted of a simple or serious misdemeanor that occurred within five years prior to application, a certified adoption investigator shall initially conduct the evaluation.

If the certified adoption investigator determines that the abuse or crime does warrant prohibition of approval, the certified adoption investigator shall notify the applicant of the results of the evaluation in writing.
If the certified adoption investigator determines that the applicant should be approved despite the abuse or criminal conviction, the certified adoption investigator shall provide copies of the child abuse report, dependent adult abuse report or criminal history record and the Record Check Evaluation form to the Administrator, Division of Adult, Children and Family Services, Department of Human Services, Hoover State Office Building, Des Moines, Iowa 50319-0114. Within 30 days, the administrator shall determine whether the abuse or crime merits prohibition of approval and shall notify the certified adoption investigator in writing of that decision. The certified adoption investigator shall mail the applicant the department’s written decision regarding the evaluation of an abuse or crime.

ITEM 5. Amend subparagraph 107.8(1)"f" as follows: (4) The applicant or any person residing in the home has a record of founded child abuseor dependent adult abuse, unless an evaluation of the founded child abuseor dependent adult abuse has been made by the department, which concluded that the founded child abuseor dependent adult abuse does not merit prohibition of approval of an adoption application.

ITEM 6. Amend subparagraph 107.8(1)"g" as follows: (1) The child abuse, dependent adult abuse and criminal history record checks, except for national criminal history checks, shall be repeated. If there are new founded abuses or convictions of crimes that were not evaluated in the previous home study, they shall be evaluated using the process set forth in paragraph 107.8(1)“d.”

ITEM 7. Amend subparagraph 107.8(1)"h" as follows: (2) When a person aged 14 or older moves into the home, the investigator shall perform checks on the Iowa central childand dependent adult abuse registry, by the division of criminal investigation, and on the sex offender registry. The record check evaluation process shall be completed if the person has a criminal conviction,or founded child abuse report, founded dependent adult abuse report or is on the sex offender registry. [Filed 8/16/22, effective 11/1/22][Published 9/7/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/7/22.ARC 6498CHuman Services Department[441]Adopted and Filed

Rule making related to family-life home forms

The Human Services Department hereby amends Chapter 111, “Family-Life Homes,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 234.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 249A.4.Purpose and Summary This rule making is part of the Department’s five-year rules review. These rules define the Family-Life Home Program administered through the Department through state supplementary assistance services. The names of forms are removed to eliminate unnecessary future changes as form names change.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 15, 2022, as ARC 6368C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on August 11, 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 Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on November 1, 2022. The following rule-making actions are adopted:

ITEM 1. Amend subrule 111.2(4) as follows: 111.2(4) When an applicant has reached a decision to operate a family-life home, the applicant shall complete Form 470-0606, Application for Certification.

ITEM 2. Amend subrule 111.6(1) as follows: 111.6(1) Prior to certification the family shall furnish the local department with a medical report on each member of the household. The report shall be on Form 470-0672, Provider Health Assessment Form.

ITEM 3. Amend subrule 111.9(1) as follows: 111.9(1) A physician shall certify that the client is free from any communicable disease and does not require a higher level of care than that provided by a family-life home. The certification shall be given prior to placement and following an annual medical review thereafter. The certification shall be given on Form 470-0673, Physician’s Report.

ITEM 4. Amend rule 441—111.10(249) as follows:

441—111.10(249) Placement agreement. The head of the family-life home and the resident shall enter into a placement agreement by signing Form 470-0634, Placement Agreement Family-Life Home, provided by the department.

ITEM 5. Amend 441—Chapter 111, implementation sentence, as follows: These rules are intended to implement Iowa Code sections 234.6(6)“e”234.6(1)“e” and 249.3(2)“a”(1). [Filed 8/16/22, effective 11/1/22][Published 9/7/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/7/22.ARC 6502CHuman Services Department[441]Adopted and Filed

Rule making related to service administration

The Human Services Department hereby amends Chapter 130, “General Provisions,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 234.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 234.6.Purpose and Summary This rule making is part of the Department’s five-year rules review. The Department revised outdated language and replaced it with current person-centered language to be consistent with best practices. Instead of using income charts that need to be updated annually, the Department is using a link to the poverty income guidelines provided by the U.S. Department of Health and Human Services. The term “child abuse investigation” is changed to “child protective assessment,” and the term “mental retardation” is updated to “intellectual disability.”Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 15, 2022, as ARC 6371C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on August 11, 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 Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on November 1, 2022. The following rule-making actions are adopted:

ITEM 1. Amend subrule 130.2(4) as follows: 130.2(4) The application shall be approved or denied within 30 days from the date of application and the applicant notified of the decision. The decision shall be mailed or given to the applicant on the date the determination is made except that for services ordered by the court, the court order provided by the court and the case permanency plan provided by the department shall serve as notification. When individual case management services are being provided under 441—Chapter 24 for persons with mental retardationan intellectual disability, a developmental disability, or chronic mental illness, the application shall be approved or denied no later than the date that the department service manager, who is part of the interdisciplinary team, signs the individual program plan.

ITEM 2. Amend paragraphs 130.3(1)"d" and 130.3(1)"e" as follows: d. Persons are financially eligible for services when they are in one of the following categories: (1) Income maintenance status. They are recipients of the family investment program, or those whose income was taken into account in determining the needs of family investment program recipients, or recipients of supplemental security income or state supplementary assistance, or those in the 300 percent group as defined in 441—subrule 75.1(7). (2) Income eligible status. The monthly gross income according tois based on family size is no more than the following amounts:. Family size income levels are found at aspe.hhs.gov/poverty-guidelines.Monthly Gross Income LimitsFamily Size 1 Member $ 583 2 Members 762 3 Members 942 4 Members 1,121 5 Members 1,299 6 Members 1,478 7 Members 1,510 8 Members 1,546 9 Members 1,581 10 Members 1,612 11 Members 1,645 12 Members 1,678 13 Members 1,711 14 Members 1,744 15 Members 1,777 16 Members 1,810 17 Members 1,843 18 Members 1,876 19 Members 1,909 20 Members 1,942 (3) Rescinded IAB 6/9/04, effective 7/1/04. (4) Rescinded IAB 6/9/04, effective 7/1/04. (5) Rescinded IAB 6/9/04, effective 7/1/04. e. Certain services are provided without regard to income which means family income is not considered in determining eligibility. The services provided without regard to income are information and referral, child abuse investigationprotective assessment, child abuse treatment, child abuse prevention services, including protective child care services, family-centered services, dependent adult abuse evaluation, dependent adult abuse treatment, dependent adult abuse prevention services, and purchased adoption services to individuals and families referred by the department.

ITEM 3. Amend rule 441—130.4(234) as follows:

441—130.4(234) Fees. 130.4(1) The department may set fees to be charged to clients for services received. The fees will be charged to those clients eligible under rule 441—130.3(234), but not those receiving services without regard to income due to a protective service situation. Nothing in these rules shall preclude a client from voluntarily contributing toward the costs of service. 130.(1) 130.4(2) Collection. The provider shall collect fees from clients. The provider shall maintain records of fees collected, and such records shall be available for audit by the department or its representative. When a client does not pay the fee, the provider shall demonstrate that a reasonable effort has been made to collect the fee. Reasonable effort to collect means an original billing and two follow-up notices of nonpayment. 130.4(2) Monthly income. Rescinded IAB 1/8/92, effective 3/1/92. 130.4(3) Child care services. Rescinded IAB 6/9/04, effective 7/1/04. 130.4(4) Rescinded, effective 7/1/81. This rule is intended to implement Iowa Code section 234.6.

ITEM 4. Amend subrules 130.6(2) and 130.6(3) as follows: 130 130.6 6(2) Ensure that there is a department case plan for each individual or family based on assessment of strengths and needs. Furnish appropriate sections of the initial plan and of all updated department case plans to the provider agency when services are purchased for an individual. When individual case management services are being provided under 441—Chapter 24 for persons with mental retardationan intellectual disability, a developmental disability, or chronic mental illness, the individual case management services provider shall distribute the case plans. 130 130.6 6(3) Refer the client to other workers or agencies through proper channels, and coordinate all workers involved in the case.When individual case management services are being provided under 441—Chapter 24 for persons with mental retardationan intellectual disability, a developmental disability, or chronic mental illness, the individual case management services provider shall be responsible for making referrals and coordinating workers as specified in the individual program plan.

ITEM 5. Amend rule 441—130.7(234) as follows:

441—130.7(234) Case plan. The department worker shall develop a case plan with or on behalf of persons approved to receive services. However, a case plan is not required (1) for child or adult protective investigationassessment, (2) for foster care cases in which the department does not have custody, guardianship or a voluntary placement agreement, or (3) when child care is the only service. A case plan shall be developed with or on behalf of every other person approved to receive services unless the person has a case manager as specified in 441—Chapter 24. When department services are provided before an individual program plan in compliance with 441—Chapter 24 is approved, a department case plan must be developed according to the requirements of this rule.When individual case management services are being provided under 441—Chapter 24 for persons with mental retardationan intellectual disability, a developmental disability, or chronic mental illness, the rules in 441—Chapter 24 on time limits, plan format and on who develops the plan shall apply for adults and for children whose services are not under court jurisdiction. The department worker shall determine eligibility for those services provided by the department; however, a separate department case plan need not be developed. If the individual program plan does not include sufficient information to meet department service requirements or the requirements in this chapter, the person providing department social casework shall complete either a case plan or addendum and coordinate distribution to the persons who receive the individual program plan with the case manager.The case plan shall become part of the client’s case record. The client shall participate in the development of this plan to the extent possible. The case plan shall be consistent with other service or program plans. A copy of the case plan shall be provided to the client or, when indicated, to the parent or representative of the client. For adult services, the case plan shall be recorded using Form 470-0583, Individual Client Case Plan. For children’s services, the case plan shall be known as the case permanency plan and shall be prepared using Form 470-3453, Family Case Plan. 130.7(1) Services shall be directed toward the social services block grant goals of: a. Achieving or maintaining self-support to prevent, reduce or eliminate dependency. b. Achieving or maintaining self-sufficiency, including reduction or prevention of dependency. c. Preventing or remedying neglect, abuse or exploitation of children or adults unable to protect their own interest, or preserving, rehabilitating or reuniting families. d. Preventing or reducing inappropriate institutional care by providing for community-based care, home-based care, or other forms of less intensive care. e. Securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to individuals in institutions. 130.7(2) The recorded case plan shall contain, but not be limited to, the following: a. The goal and objective to which the plan is directed, stated in a clear manner indicating the specific services required to achieve or maintain the goals to meet the needs of the particular client. b. Activities of clients, workers, and others involved in the plan related to specific services. These shall be measurable and have time frames for completion. c. A summary of all pertinent information relating to the client and the client’s situation relative to need, and containing, but not limited to, the following: (1) Emotional behavior. (2) Social aspects. (3) Historical perspective. (4) Reasons for success or lack of success. (5) Safety-related information indicating whether a child has behaved in a manner that threatened the safety of another person, has committed a violent act causing bodily injury to another person, or has been a victim or perpetrator of sexual abuse. The safety-related information shall be withheld only if ordered by the court or the department or the agency developing the service plan determines that providing the information would be detrimental to the child or to the family with whom the child is living. (6) An assessment of whether continued breastfeeding by a child’s mother is in the best interest of the child, and a plan to support the mother’s breastfeeding efforts, if appropriate. d. Information on case entries that will substantiate the client’s eligibility for service. e. A target date for reevaluation of the case plan based on assessment of need, which shall not exceed six months. f. A review of financial eligibility in accordance with 130.2(5). g. The reason for termination or reduction of any or all services. h. Rescinded IAB 8/9/89, effective 10/1/89. 130.7(3) The case plan shall be developed and filed in the case record as follows: a. In child welfare cases, the case plan shall be developed in partnership with the child, the family, and the caregiver. (1) The recommendations from the child protective services assessment summary and the safety plan developed with the family shall be considered an initial case plan. (2) A case plan that meets the requirements of Iowa Code section 232.2 shall be filed within 60 days from the date the child enters foster care or the date the department opens a child welfare service case, whichever occurs first. b. For all other cases, the case plan shall be developed before services begin unless there is an unanticipated provision of service for the protection and well-being of a client. In that case, the case plan shall be filed within 45 days from the date that services begin. 130.7(4) The reevaluation of the case plan shall include all components listed under 130.7(2) and shall be filed at least every six months, or more often when there are significant changes, when required by the court, or when required according to the rules of the service. 130.7(5) The case plan may be amended between evaluation periods. Participants in the plan shall receive a copy of the amendment. This rule is intended to implement Iowa Code section 234.6. [Filed 8/16/22, effective 11/1/22][Published 9/7/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/7/22.ARC 6503CHuman Services Department[441]Adopted and Filed

Rule making related to adverse actions

The Human Services Department hereby amends Chapter 131, “Social Casework,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 234.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 234.6.Purpose and Summary This rule making is part of the Department’s five-year rules review. The rule regarding adverse actions is updated to specify the correct rule references.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 15, 2022, as ARC 6372C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on August 11, 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 Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on November 1, 2022. The following rule-making action is adopted:

ITEM 1. Amend rule 441—131.5(234) as follows:

441—131.5(234) Adverse actions. Services shall be denied or terminated and appropriate notice given to clients as specified in rulerules 441—16.3(17A) and441—130.5(234). [Filed 8/16/22, effective 11/1/22][Published 9/7/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/7/22.ARC 6504CHuman Services Department[441]Adopted and Filed

Rule making related to the adoption opportunity grant program

The Human Services Department hereby rescinds Chapter 160, “Adoption Opportunity Grant Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 234.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 234.6.Purpose and Summary The rules in Chapter 160 were reviewed as part of the Department’s five-year rules review. As a result, it was determined the chapter is no longer needed and should be rescinded because the Adoption Opportunity Grant Program is not funded in Iowa. This rule making rescinds Chapter 160.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 15, 2022, as ARC 6364C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on August 11, 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 Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on November 1, 2022. The following rule-making action is adopted:

ITEM 1. Rescind and reserve 441—Chapter 160. [Filed 8/16/22, effective 11/1/22][Published 9/7/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/7/22.ARC 6505CHuman Services Department[441]Adopted and Filed

Rule making related to aftercare services program

The Human Services Department hereby amends Chapter 187, “Aftercare Services Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 217.6 and 234.46.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 234.46.Purpose and Summary The rules in Chapter 187 were reviewed as part of the Department’s five-year rules review. This rule making:

Extends eligibility to youth aged 21 and 22, regardless of whether the youth participated in aftercare services between the ages of 18 and 21 years old.

Extends eligibility to youth who participate in the Preparation for Adult Living (PAL) program, even if the youth did not spend 6 of 12 months in foster care prior to aging out of care.

Adds supervised apartment living to the list of foster care placements because placements can include a variety of settings.

Clarifies the meaning and intent of “preservices.”

Refines termination rules for youth who are participating in two similar services to avoid duplication.

Allows youth to use a full $600 in extended services funds in a half-year, instead of the $300 per quarter that was previously allowed in Chapter 187. Advocates and youth have reported a desire to have more flexibility to use these funds.

These amendments align the rules with Iowa Code section 234.46.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 15, 2022, as ARC 6366C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on August 11, 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 Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on November 1, 2022. The following rule-making actions are adopted:

ITEM 1. Amend paragraph 187.2(3)"a" as follows: a. Preservices.The youth must meet eligibility requirements for preservices as described below: (1) The youth is at least 17 years of age; and (2) The youth wasis placed in foster care, the Iowa state training school, or a court-ordered Iowa juvenile detention center; was adoptedfrom foster care after reaching 16 years of age; or entered a subsidized guardianship arrangementfrom foster care after reaching 16 years of age; and (3) The youth has access to funding for preservices provided in contract that has not been fully expended for the contract year.

ITEM 2. Rescind subparagraph 187.2(3)"c".

ITEM 3. Renumber subparagraph 187.2(3)"c" as 187.2(3)"c".

ITEM 4. Amend subparagraph 187.2(3)"d" as follows: (2) Foster care may include, but is not limited to, placement in: 1. A foster family home; or 2. A foster care group home; or 3. An emergency shelter; or 4. Supervised apartment living; or 4. 5. A preadoptive home; or 5. 6. The home of a relative or suitable person; or 6. 7. A psychiatric medical institution for children (PMIC).

ITEM 5. Amend subrule 187.3(1) as follows: 187.3(1) Preservices. Planning, coordination of services,Informational and trust-building activities may be provided to a youth placed out of home, as described in paragraph 187.2(3)“a,” who is expected to participate in aftercare services at 18 years of age or older. The administrator may provide funds as described in paragraph 187.3(4)“a.” However, funds provided to the youth in preservices will be deducted from availablestart-up funds in the youth’s first year of participation in core services.

ITEM 6. Amend subrule 187.3(6) as follows: 187.3(6) Preparation for adult living (PAL) stipend. When an eligible youth is actively participating in the program, the administrator or designee shall deliver the preparation for adult living program as described in Iowa Code section 234.46 and as follows: a. To be eligible for the PAL stipend, the youth must: (1) MeetHave met eligibility requirements in Iowa Code section 234.46234.46(1) upon reaching the age of 18 andmeet eligibility requirements in rule 441—187.2(234).; and (2) Have been placed out of home inexited foster care, the Iowa state training school, or a court-ordered Iowa juvenile detention center as identified by Iowa Code chapter 232 onor after the youth’s eighteenth birthday.and have exited after having been in any combination of the same services in at least 6 of the 12 months before leaving placement; and (3) Be ineligible for voluntary foster care placement, due toMeet oneor more of the followingcriteria: 1. The youth has a high school diplomaBe enrolled in or equivalent,actively pursuing enrollment in postsecondary education, a training program or work training; or 2. The youth has reached 20 years of age,Be employed for 80 hours per month or be actively seeking that level of employment; or 3. The youth became eligible for aftercare services due to exiting the Iowa state training school or an Iowa detention center,Be attending an accredited school full-time pursuing a course of study leading to a high school diploma; or 4. The youth became eligible for aftercare services due to exiting court-ordered care in accordance with Iowa Code chapter 232 by a relative or another person with a significant relationship with the youthBe attending an instructional program leading to a high school equivalency diploma. b. To be eligible for the PAL stipend, the youth must meet one or more of the following criteria: (1) Be enrolled in or actively pursuing enrollment in postsecondary education, a training program or work training; or (2) Be employed for 80 hours per month or be actively seeking that level of employment; or (3) Be attending an accredited school full-time pursuing a course of study leading to a high school diploma; or (4) Be attending an instructional program leading to a high school equivalency diploma. c. b. The maximum monthly stipend shall be provided after completion of the youth’s budget. The maximum amounts provided to a youth shall be stated in the contract and shall be based on program eligibility and guidelines, as follows: (1) The monthly stipend shall be prorated based on the number of days of youth participation, for those entering and exiting the program during the month. (2) When the monthly unearned income of the youth exceeds the overall maximum monthly stipend offered in the preparation forthe adult living program, the youth is not eligible for payments under subrule 187.3(4) unless unused startup funds remain. (3) When the net earnings of the youth exceed the overall maximum monthly stipend offered in the preparation forthe adult living program, the monthly stipend shall be reduced by 50 cents for every dollar earned by the youth over the overall monthly maximum stipend. (4) All earned and unearned income received by the youth during the 30 days before the determination shall be used to project future income. If the 30-day period is not indicative of future income, income from a longer period or verification of anticipated income from the income source may be used to project future income. (5) Nonrecurring lump-sum payments are excluded as income. Nonrecurring lump-sum payments include, but are not limited to, one-time payments received for such things as income tax refunds, rebates, credits, refunds of security deposits on rental property or utilities, and retroactive payments for past months’ benefits such as social security, unemployment insurance, or public assistance. (6) The youth shall timely report the beginning and ending of earned and unearned income. A report shall be considered timely when made within ten days from the receipt of income or the date income ended. (7) When the youth timely reports a change in income, the youth’s prospective eligibility and stipend amount for the following month shall be determined based on the change. (8) Recoupment shall be made for any overpayment due to failure to timely report a change in income or for benefits paid during an administrative appeal if the department’s action is ultimately upheld. Recoupment may be made through a reasonable reduction of any future stipends. (9) Recoupment shall not be made when a youth timely reports a change in income and the change is timely acted upon, but the timely notice policy in rule 441—16.3(17A) requires that the action be delayed until the second calendar month following the month of change. (10) The stipend may be paid to the youth, the foster family, or another payee other than a department employee. The payee shall be agreed upon by the parties involved and specified in the individual self-sufficiency plan, described in subrule 187.3(2). (11) The maximum stipend may be based on the age of the youth.

ITEM 7. Amend paragraph 187.3(7)"d" as follows: d. The extended services funds approved for the youth have not exceeded $300$600 for a three-monthsix-month period calculated from the date of initiation of extended services.

ITEM 8. Reletter paragraph 187.4(1)"e" as 187.4(1)"f".

ITEM 9. Adopt the following new paragraph 187.4(1)"e": e. The youth has entered a residential services program and has resided there for 60 days. Residential services program means a program where housing and support services are provided, including but not limited to homeless shelters or transitional living programs. [Filed 8/16/22, effective 11/1/22][Published 9/7/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/7/22.ARC 6506CHuman Services Department[441]Adopted and Filed

Rule making related to Iowa adoption exchange

The Human Services Department hereby amends Chapter 203, “Iowa Adoption Exchange,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 237.3.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 232.119 and 237.3.Purpose and Summary The rules in Chapter 203 were reviewed as part of the Department’s five-year rules review. The purpose of the Iowa Adoption Exchange is to facilitate the placement of Iowa children who are legally available for adoption. Administrative rules in this chapter require that children with special needs under state guardianship be registered on the Iowa Adoption Exchange within 60 days after termination of parental rights unless a deferral is granted. All children under state guardianship for whom an adoptive home is not available within 90 days after termination of parental rights shall be registered on the Iowa Adoption Exchange. Department workers, child-placing agencies and certified adoption investigators shall register adoptive families if the families wish to adopt a child with special needs or a sibling group. This rule making updates definitions used in the program and clarifies the process.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 15, 2022, as ARC 6365C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on August 11, 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 Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217). Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on November 1, 2022. The following rule-making actions are adopted:

ITEM 1. Adopt the following new definition of “Recruitment, retention, training and support (RRTS) contract” in rule 441—203.1(232): "Recruitment, retention, training and support (RRTS) contract" means the state’s contractor(s) responsible for activities related to licensing foster families and approving adoptive families, providing support services to foster and preadoptive families, conducting preservice and in-service training, and providing assistance in matching children in need of foster home care.

ITEM 2. Amend rule 441—203.2(232) as follows:

441—203.2(232) Children to be registered on the exchange system. All children with special needs under state guardianship shall be registered on the Iowa adoption exchange system within 60 days of receipt of the termination of parental rights court order, unless a deferral is granted by the adoption program manager. In addition to the children with special needs being placed on the exchange system, those children under state guardianship for whom an adoptive home is not available within 90 days after termination shall be placed on the exchange system by department staff. Department workers shall forward the child’s photograph to the Division of Adult, Children and Family Services, Adoption Program, for photolisting in the Iowa’s Waiting Children Book at the time that the child is registered on the Iowa adoption exchange system.Licensed child-placing agencies may register a child whose parental rights have been terminated and who is under their guardianship using one of the following methods: 203.() 203.2(1) a. The agency shall submit Form 470-0751, Exchange Referral of Child/Sibling Group470-3351 to the department for entry of the child’s name and data if the agency is registering lessfewer than four children a calendar year.The RRTS contractor(s) manages the state’s photo listing. This form authorizes the RRTS contractor to post the child on the state and national exchanges. 203.() 203.2(2) b. The agency shall access the Iowa adoption exchange system and directly enter the child’s name and data when the agency registers four or more children in a calendar year. [Filed 8/16/22, effective 11/1/22][Published 9/7/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/7/22.ARC 6507CHuman Services Department[441]Adopted and Filed

Rule making related to guardianship subsidy agreements

The Human Services Department hereby amends Chapter 204, “Subsidized Guardianship Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 234.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 234.6.Purpose and Summary The rules in Chapter 204 were reviewed as part of the Department’s five-year rules review. Clarification is added regarding when a subsidized guardianship can continue to the age of 21. Language is also added to provide information on when a subsidy will be terminated.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 15, 2022, as ARC 6367C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on August 11, 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 Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on November 1, 2022. The following rule-making actions are adopted:

ITEM 1. Amend rule 441—204.7(234) as follows:

441—204.7(234) Termination of subsidy. A Guardianship Subsidy Agreement shall remain in effect until the subsidy is terminated based on one of the grounds listed in this rule. The subsidy shall terminate when any of the following occur, and a notice shall be sent which states the reason for the termination:

The child reaches the age of 18, unless the department determines that the subsidy may continue until the child reaches the age of 21 to facilitate the child’s completion of high school or a high school equivalency diploma, or the department determines the child is eligible to receive a subsidy to the age of 21 due to the child’s physical, intellectual, or mental health disability.
The child marries or enlists in the military.
The child no longer lives with the guardian, except for placement outside the home as limited by subrule 204.4(3).
The relationship ends due to the death of the child.
The terms of the Guardianship Subsidy Agreement are concluded.
The guardian requests that the guardianship payment cease.
The department has determined the guardian is not providing financial support to the child.
The guardian fails to abide by the terms of the Guardianship Subsidy Agreement.
The guardianship case is terminated by court order.
The department funds for subsidized guardianship are no longer available.

Due to incapacity, the guardian can no longer discharge the responsibilities necessary to protect and care for the child, the guardianship has been or will be vacated, and a successor guardian was not named in the Guardianship Subsidy Agreement.
The guardian or guardians die or are incapacitated (one guardian in a single-parent family or both guardians in a two-parent family), and a successor guardian is not named in the Guardianship Subsidy Agreement.

ITEM 2. Amend 441—Chapter 204, implementation sentence, as follows: These rules are intended to implement Iowa Code section 234.6and 2006 Iowa Acts, House File 2734, section 17, subsection 10. [Filed 8/16/22, effective 11/1/22][Published 9/7/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/7/22.ARC 6518CInspections and Appeals Department[481]Adopted and Filed

Rule making related to five-year rules review

The Inspections and Appeals Department (Department) hereby amends Chapter 22, “Health Care Facility Audits,” and Chapter 72, “Economic Fraud Control Bureau,” rescinds Chapter 75, “Divestiture Unit,” and amends Chapter 90, “Public Assistance Debt Recovery Unit,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 10A.104.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 10A.104.Purpose and Summary The Department completed a comprehensive review of Chapters 22, 75, and 90 in accordance with the requirements in Iowa Code section 17A.7(2). This rule making updates terminology used in Chapters 22 and 90, clarifies current processes in Chapter 90, and eliminates the Divestiture Unit set forth in Chapter 75. Chapter 75 sets forth the process by which the Department receives referrals from the Department of Human Services to establish a medical assistance debt. The Department ceased this activity in 2019 upon the cessation of new program referrals communicated by the Department of Human Services. The Department continues related debt recovery work through its Public Assistance Debt Recovery Unit. As a result, Chapter 75 of the Department’s rules is rescinded. This rule making also eliminates other references to the Divestiture Unit and updates terminology in Chapter 72 to be consistent with Chapter 90.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 13, 2022, as ARC 6412C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on August 17, 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 Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on October 12, 2022. The following rule-making actions are adopted:

ITEM 1. Amend subrule 22.2(1) as follows: 22.2(1) Information may be added to an audit file by the subject of the audit when the subject notifies the Audits DivisionUnit, Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319.

ITEM 2. Amend rule 481—72.1(10A), definitions of “EBT,” “EBT trafficking or misuse” and “Public assistance,” as follows: "EBT" "electronic benefit transfer" means the electronic process that allows a client to authorize transfer of the client’s benefits from a financial account to a retailer to pay for eligible items received. Clients are issued an EBT card similar to a bank ATM or debit card to receive and use their food assistancesupplemental nutrition assistance program (SNAP) benefits. "EBT trafficking or misuse" means the use of food assistanceSNAP benefits for something other than their intended use. "Public assistance" means child care assistance, family investment program, food assistanceSNAP, medical assistance, state supplementary assistance, refugee cash assistance, or any other state or federal assistance program.

ITEM 3. Amend rule 481—72.2(10A) as follows:

481—72.2(10A) Economic fraud control bureau (EFCB). The EFCB is comprised of two units, the program integrity/EBT unit and the divestiture unit. The functions of each unit are described in 481—paragraph 1.4(1)“c.” Generally, the EFCB conducts investigations of public assistance fraud in order to maintain integrity and accountability in the administration of public assistance benefits. Divestiture unit rules are found in 481—Chapter 75.

ITEM 4. Rescind and reserve 481—Chapter 75.

ITEM 5. Amend rule 481—90.1(10A), definitions of “Allotment reduction” and “Public assistance,” as follows: "Allotment reduction" means an amount withheld from a financial or food assistancesupplemental nutrition assistance program (SNAP) benefit. More specifically, “grant reduction” refers to the family investment program (FIP) and to refugee cash assistance (RCA), and “benefit reduction” refers to the food assistance (FA) programSNAP. "Public assistance" means any program that DHS administers that confers a financial, medical, or food assistanceSNAP benefit.

ITEM 6. Rescind the definition of “FA” in rule 481—90.1(10A).

ITEM 7. Adopt the following new definition of “SNAP” in rule 481—90.1(10A): "SNAP" means the supplemental nutrition assistance program and refers to the benefits provided by the federal program administered through 7 CFR Parts 270 through 283 as set forth in rule 441—65.1(234).

ITEM 8. Amend rule 481—90.2(10A) as follows:

481—90.2(10A) Recovery process. The recovery process begins when data is successfully entered on the DHSdesignated overpayment recovery system and a notice of debt is issued to the debtor. The data specifies which public assistance program(s) is owed a debt.

ITEM 9. Rescind and reserve rule 481—90.4(10A).

ITEM 10. Amend rule 481—90.5(10A) as follows:

481—90.5(10A) Debt repayment. A notice of debt or Form 470-0495, Agreement to Pay a Debt, is used to initiate payments of a debt. The minimum rate of payment is determined by each program (unlessunless set by a court order) and isorder or otherwise negotiated by the debtor and recovery unitDHS. All recoveries are transmitted to the DHS cashier. Payments are made directly inby cash, check, or money order or through an online payment portal by the debtor except as otherwise provided in this rule. The amount of allotment reduction fora FIP overpayment caused by an agency error shall be different from the amount of allotment reduction for a client error, as determined by DHS. 90.5(1) Active cases—PROMISE JOBS program. For payment reduction for the PROMISE JOBS program, the debtor must provide written permission to effectuate a FIP reduction. 90.5(2) Active cases—FIP, RCA, FASNAP. Allotment reduction shall be used, except that cash payment pursuant to a repayment agreement may be used when the repayment amount exceeds the amount that may be collected by allotment reduction. For the food assistance programSNAP, debt repayment may also be made in accordance with subrule 90.5(3). 90.5(3) Food assistance programSNAP with electronic benefit balances. Food assistanceSNAP payments may be made by returning electronic benefits to pay the debt.

ITEM 11. Amend subrule 90.6(2) as follows: 90.6(2) For food assistanceSNAP debts. In addition to the above actions, federal offsets (taxes, federal payments) may be used for the collection of food assistanceSNAP debts in accordance with rule 441—11.5(234). [Filed 8/17/22, effective 10/12/22][Published 9/7/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/7/22.ARC 6508CRevenue Department[701]Adopted and Filed

Rule making related to sales, use and excise taxes

The Revenue Department hereby renumbers various chapters of the Iowa Administrative Code in accordance with the chart below. The Department additionally hereby rescinds Chapter 16, “Taxable Sales”; amends Chapter 67 [renumbered Chapter 259], “Administration,” Chapter 70, “Replacement Tax and Statewide Property Tax,” Chapter 81 [renumbered Chapter 254], “Administration,” Chapter 86, “Inheritance Tax,” Chapter 91 [renumbered Chapter 262], “Administration of Marijuana and Controlled Substances Stamp Tax,” Chapter 97 [renumbered Chapter 252], “State-Imposed Water Service Excise Tax,” Chapter 103 [renumbered Chapter 253], “State-Imposed and Locally Imposed Hotel and Motel Taxes,” and Chapter 107 [renumbered Chapter 270], “Local Option Sales and Services Tax”; rescinds Chapter 108, “Local Option School Infrastructure Sales and Service Tax”; amends Chapter 120, “Reassessment Expense Fund,” Chapter 122, “Administration,” and Chapter 150, “Federal Offset for Iowa Income Tax Obligations”; adopts new Chapter 210, “Purchases by Businesses,” and new Chapter 212, “Governments and Nonprofits”; amends Chapter 215 [renumbered Chapter 207], “Remote Sales and Marketplace Sales”; adopts new Chapter 216, “Events, Amusements, and Other Related Activities”; amends Chapter 223 [renumbered Chapter 205], “Sourcing of Taxable Services, Tangible Personal Property, and Specified Digital Products,” Chapter 226 [renumbered Chapter 214], “Agricultural Rules,” and Chapter 230 [renumbered Chapter 215], “Exemptions Primarily Benefiting Manufacturers and Other Persons Engaged in Processing”; and rescinds Chapter 241, “Excise Taxes Not Governed by the Streamlined Sales and Use Tax Agreement,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 421.17.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 423, 423A, 423B, 423C, 423F, 423G, 452A and 453A.Purpose and Summary The Iowa Department of Revenue has adopted this rule making to reorganize its chapters of rules related to sales, use, and excise taxes. The Department previously had chapters of rules covering these tax types throughout its many titles. Following adoption of this rule making, all sales, use, and excise tax rules are located in a chapter starting with 200, where the Department’s more recent sales tax rules were already located. This rule making moves any sales or excise tax chapters that will be kept mostly intact substantively into new chapters. Any sales or use tax chapters not moved in this rule making are likely to be significantly revised or be rescinded entirely in future rule makings. The following table lists existing chapters and identifies their new numbers in this rule making. The list of new chapter numbers does not include new chapters to be adopted either in this rule making or in future rule makings. The Department plans to adopt a rule in the near future to establish a reference table for rules that have been renumbered.Old NumberSubjectNew NumberCh. 4Multilevel marketersCh. 208Ch. 27Vehicle rental exciseCh. 251Ch. 34Vehicle fee for new registrationCh. 250Chs. 67-69Motor fuel exciseChs. 259-261Chs. 81-85Cigarette and tobacco exciseChs. 254-258Ch. 91Controlled substances drug stampsCh. 262Ch. 97Water service exciseCh. 252Ch. 103Hotel and motel exciseCh. 253Ch. 107LOSTCh. 270Ch. 108SILORescindedCh. 109SAVECh. 271Ch. 211Sales tax definitionsCh. 200Ch. 212Elements included or excluded from sales priceCh. 203Ch 214Miscellaneous nontaxable transactionsCh 221Ch. 215Remote and marketplace salesCh. 207Ch. 216Bundled transactionsCh. 206Ch. 223SourcingCh. 205Ch. 224Telecom servicesCh. 217Ch. 226AgricultureCh. 214Ch. 230ManufacturingCh. 215Ch. 231Exemptions for consumersCh. 220 (temporarily; will be split into other chapters in the future)Ch. 235Rebate programsCh. 275Ch. 237Reinvestment districtsCh. 273Ch. 238Flood mitigation programCh. 272Ch. 239Urban renewal projectsCh. 274Ch. 240Implementation of streamlined sales and use tax agreementCh. 204Ch. 241General excise taxesRescindedCh. 242Response to disastersCh. 276Ch. 250Refunds for biodiesel productionCh. 277Ch. 258Refunds for eligible businessesCh. 278 As part of this reorganization effort, the Department plans to rescind rules that are no longer needed. Chapter 16 (“Taxable Sales”) had some rules that still have value, but many other rules in the chapter had already been duplicated in newer chapters, such as in Chapter 213. This rule making rescinds Chapter 16 and adopts some of those rules in a new Chapter 210 (“Purchases by Businesses”). There are no significant substantive changes; the Department is mainly updating Iowa Code references and rule cross-references, replacing outdated terms such as changing “gross receipts” to “sales price,” and adding subheadings to previously unnumbered paragraphs. This rule making also moves some rules from current Chapter 213 into the new Chapter 210. The remaining rules in Chapter 213 will become a newly titled chapter (“Purchases by Individuals”) in a future rule making. Lastly, this rule making adds definitions of “profession” and “occupation” in renumbered rule 701—215.18(423) (formerly rule 701—230.18(423)). These definitions were inadvertently deleted in a rule making last year during the removal of obsolete definitions of “computer” from Chapter 230.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 13, 2022, as ARC 6400C. A public hearing was held on August 11, 2022, at 10 a.m. in Room 1 NW, Hoover State Office Building, First Floor, 1305 East Walnut Street, Des Moines. No one attended the public hearing. No public comments were received. Since publication of the Notice, two additional chapters have been added and renumbered: previous Chapter 214 is now Chapter 221, and previous Chapter 258 is now Chapter 278; subsequent items have been renumbered.Adoption of Rule Making This rule making was adopted by the Department on August 17, 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 Department for a waiver of the discretionary provisions, if any, pursuant to rule 701—7.28(17A).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on October 12, 2022. The following rule-making actions are adopted:

ITEM 1. Renumber 701—Chapter 4 as 701—Chapter 208.

ITEM 2. Rescind and reserve 701—Chapter 16.

ITEM 3. Renumber 701—Chapter 27 as 701—Chapter 251.

ITEM 4. Renumber 701—Chapter 34 as 701—Chapter 250.

ITEM 5. Renumber 701—Chapter 67 as 701—Chapter 259.

ITEM 6. Renumber 701—Chapter 68 as 701—Chapter 260.

ITEM 7. Renumber 701—Chapter 69 as 701—Chapter 261.

ITEM 8. Rescind the title heading before 701—Chapter 70.

ITEM 9. Renumber 701—Chapter 81 as 701—Chapter 254.

ITEM 10. Renumber 701—Chapter 82 as 701—Chapter 255.

ITEM 11. Renumber 701—Chapter 83 as 701—Chapter 256.

ITEM 12. Renumber 701—Chapter 84 as 701—Chapter 257.

ITEM 13. Renumber 701—Chapter 85 as 701—Chapter 258.

ITEM 14. Rescind the title heading before 701—Chapter 86.

ITEM 15. Renumber 701—Chapter 91 as 701—Chapter 262.

ITEM 16. Renumber 701—Chapter 97 as 701—Chapter 252.

ITEM 17. Renumber 701—Chapter 103 as 701—Chapter 253.

ITEM 18. Renumber 701—Chapter 107 as 701—Chapter 270.

ITEM 19. Rescind and reserve 701—Chapter 108.

ITEM 20. Renumber 701—Chapter 109 as 701—Chapter 271.

ITEM 21. Rescind the title heading before 701—Chapter 120.

ITEM 22. Rescind the title heading before 701—Chapter 122.

ITEM 23. Rescind the title heading before 701—Chapter 150.

ITEM 24. Adopt the following new 701—Chapter 210: CHAPTER 210PURCHASES BY BUSINESSES

701—210.1(423) Wholesalers and jobbers selling at retail. Sales made by a wholesaler or jobber to a purchaser for use or consumption by the purchaser or in the purchaser’s business and not for resale are considered retail sales and subject to tax, even if sales are made at wholesale prices or in wholesale quantities. This rule is intended to implement Iowa Code section 423.2(1).

701—210.2(423) Materials and supplies sold to retail stores. The sales price of materials and supplies sold to retail stores for their use and not for resale shall be subject to tax. The retail store is the final buyer and ultimate consumer of such items as fuel, cash registers, adding machines, typewriters, stationery, display fixtures and numerous other commodities that are not sold by the store to its customers. This rule is intended to implement Iowa Code section 423.2.

701—210.3(423) Tangible personal property and specified digital products purchased for resale but incidentally consumed by the purchaser. A retailer engaged in the business of selling tangible personal property or specified digital products who takes merchandise from stock for personal use, consumption, or gifts shall report these items as “goods consumed” on the sales and use tax return and remit sales tax and any applicable local option sales tax on the purchase cost of the items. This rule does not authorize purchase for resale of items intended to be used by the retailer. This rule is intended to implement Iowa Code section 423.2.

701—210.4(423) Property furnished without charge by employers to employees. When an employer furnishes tangible personal property, including meals, or specified digital products to employees without charge or uses merchandise for gifts or consumption, the cost to the employer of the tangible personal property or specified digital products shall be subject to sales tax and any applicable local option sales tax and reported on the employer’s return as “goods consumed” if the employer has not previously paid tax to a retailer. However, the food purchased by the employer for meals prepared for employees is not subject to tax. This rule is intended to implement Iowa Code section 423.2.

701—210.5(423) Owners or operators of buildings. Owners or operators of buildings who purchase items to be used by them in maintaining the building are the users or consumers and shall pay sales tax to their suppliers. 210.5(1) When owners or operators of buildings remeter and bill their tenants for electric current, gas, or any other taxable service consumed by the tenants, such owners or operators shall be considered to be purchasing the electric current, gas, or other taxable service for resale. These owners or operators shall hold permits and shall be liable for the tax upon the sales price of the sale of such service. When the building owners or operators purchase all of the electric current, gas, or other services for resale and consume a portion in the operation of the building, they shall be liable for sales tax on that portion consumed, based upon the cost of the electric current or gas purchased for resale. 210.5(2) When the management of a building sells heat to other buildings or other persons and charges for such service as a sale of heat, such transactions are considered sales at retail and shall be subject to tax. 210.5(3) When heat is furnished to tenants as a service to them, incidental to the renting of the space, there shall be no tax. When heat is sold separately and billed to the tenants separately, such service shall be taxable. 210.5(4) When a building manager makes sales of tangible personal property, specified digital products, or taxable services at retail, the manager shall be required to procure a permit and collect and remit tax. This rule is intended to implement Iowa Code section 423.2.

701—210.6(423) Blacksmith and machine shops. When a blacksmith or machine shop operator fabricates finished tangible personal property from raw materials and sells such property at retail, tax shall apply on the total charge which includes the fabrication labor. Rule 701—26.28(422) contains information on the taxable service of machine operation. This rule is intended to implement Iowa Code section 423.2.

701—210.7(423) Truckers engaged in retail business. Truckers or haulers engaged in the sale of tangible personal property to ultimate users or consumers shall be deemed as making taxable sales. This rule is intended to implement Iowa Code section 423.2.

701—210.8(423) Out-of-state truckers selling at retail in Iowa. Truckers or persons engaged in the sale of tangible personal property at retail in Iowa based outside of Iowa by means of hauling the tangible personal property into the state shall collect and remit Iowa sales tax. To ensure the remission of tax on Iowa sales, the department has the statutory authority to require a bond deposit from sellers classified in this rule. This right shall be exercised when necessary. This rule is intended to implement Iowa Code section 423.2.

701—210.9(423) Iowa dental laboratories. 210.9(1) Sales by dental laboratories. Iowa dental laboratories are engaged in selling tangible personal property to Iowa dentists. Such laboratories shall hold a retail sales tax permit and collect and report all tax due from dentists in all transactions involving taxable retail sales. 210.9(2) Purchases not subject to tax. Iowa dental laboratories shall not be subject to tax on those purchases of tangible personal property that form a component or integral part of new work or repair work being furnished to Iowa dentists or other dentists or would be exempt if purchased directly by the dentist’s patient. 210.9(3) Purchases subject to tax. Iowa dental laboratories are the final user or consumer of all tangible personal property, including tools, office supplies, equipment, and any other tangible personal property not otherwise exempt. Sales tax shall be remitted to its Iowa supplier when purchasing in this state, and use tax shall be remitted directly to the department when such items are purchased from out-of-state suppliers, unless the out-of-state supplier is registered with the department and collects sales or use tax for the state. This rule is intended to implement Iowa Code sections 423.2 and 423.33.

701—210.10(423) Dental supply houses. Dental supply houses are engaged in selling tangible personal property to dentists and dental laboratories. Such dental supply houses shall collect and report all tax due from purchasers in all transactions involving taxable retail sales. This shall not include sales of tangible personal property that will form a component or integral part of new work or repair work being furnished to Iowa dentists or other dentists or would be exempt if sold directly to an individual. This rule is intended to implement Iowa Code section 423.2.

701—210.11(423) News distributors and magazine distributors. News distributors and magazine distributors engaged in intrastate sales of magazines and periodicals in Iowa to vendors that are engaged in part-time distribution of such magazines are deemed to be making sales at retail. The sales price of such sales shall be subject to sales tax. This rule is intended to implement Iowa Code section 423.2.

701—210.12(423) Magazine subscriptions by independent dealers. The sales price of the sale of subscription magazines or periodicals derived by independent distributors or dealers in the state of Iowa that secure such subscriptions as independent dealers or distributors shall be subject to tax. This rule is intended to implement Iowa Code section 423.2.

701—210.13(423) Sales by finance companies. A finance company that repossesses or acquires tangible personal property or specified digital products in connection with its finance business and sells tangible personal property or specified digital products at retail in Iowa shall be required to hold a permit and remit the current rate of tax on the sales price of such sales at retail in Iowa. This rule is intended to implement Iowa Code section 423.2.

701—210.14(423) Bowling. 210.14(1) Pinsetters. The rental of automatic pinsetters by bowling alley operators is subject to the imposition of sales tax since the pinsetters are not resold to patrons. Therefore, the operator of the alley is considered the consumer of the pinsetter rental. 210.14(2) Shoes. The rental of bowling shoes is subject to the imposition of sales tax as equipment rental. 210.14(3) Score sheets. The sales of bowling score sheets to operators of bowling establishments are subject to the imposition of sales tax since the operators are the consumers of such score sheets. This rule is intended to implement Iowa Code section 423.2.

701—210.15(423) Various special problems relating to public utilities. 210.15(1) Late payment charges. The amount of any charge, commonly called a “late payment charge,” imposed by a public utility on its customers shall not be subject to tax if the charge is in addition to any charge for the utility’s sale of its commodity or service and is imposed solely for the privilege of deferring payment of the purchase price of the commodity or service and furthermore is separately stated and reasonable in amount. 210.15(2) Due dates. The date of the billing of charges for a public utility’s sales shall be used to determine the period in which the utility shall remit tax upon the amount charged. The utility shall remit tax upon the sales price of any bill during the period that includes the billing date. Thus, if the date of a billing is March 31 and the due date for payment of the bill without penalty is April 20, tax upon the sales price contained in the bill shall be included in the return for the first quarter of the year. The same principle shall be used to determine when tax will be included in payment of a deposit. 210.15(3) Franchise fees. In general, the amount of any franchise fee that a public utility pays to a city for the privilege of operating and that is directly or indirectly passed on to the utility’s customers shall be included in sales price subject to tax. This will be true even if the amount of the franchise fee is computed as a percentage of other sales price subject to tax and is separately stated and separately charged to the immediate consumer of the commodity or service. However, if, in the future, it becomes lawful for a city to impose a sales or use tax and such tax is imposed upon the customers of public utilities in the guise of a franchise fee, the amount of this city excise tax shall not be subject to Iowa tax if the tax imposed by the city is separately stated and separately billed. This rule is intended to implement Iowa Code section 423.2(2).

701—210.16(423) Sales of engraved, bound, printed, and vulcanized materials. 210.16(1) Engraving. Engraving includes the business of engraving on wood, metal, stone, or any other material. The engraved material is tangible personal property, the sales price of which is subject to tax. 210.16(2) Binding. Persons engaged in the business of binding any printed matter, other than for the purpose of ultimate sale at retail, are engaged in the sale of tangible personal property, the sales price of which is subject to tax. 210.16(3) Printing. Printing includes, but is not limited to, any type of printing, lithographing, mimeographing, photocopying and similar reproduction. The following activities are nonexclusive examples of printed tangible personal property that are subject to tax: printing of pamphlets, leaflets, stationery, envelopes, folders, bond and stock certificates, abstracts, law briefs, business cards, matchbook covers, campaign posters and banners for the users thereof. 210.16(4) Vulcanizing. “Vulcanizing” means the act or process of treating crude rubber, synthetic rubber, or other rubberlike material with a chemical and subjecting it to heat in order to increase its strength and elasticity. The item produced after vulcanizing is tangible personal property, the sales price of which is subject to sales tax. This rule is intended to implement Iowa Code section 423.2(1)“a.”

ITEM 25. Renumber 701—Chapter 211 as 701—Chapter 200.

ITEM 26. Amend renumbered 701—Chapter 200, Title XIX heading, as follows:TITLE XIXVIIISTREAMLINED SALES AND USE TAX RULESSALES, USE, AND EXCISE TAX

ITEM 27. Renumber 701—Chapter 212 as 701—Chapter 203.

ITEM 28. Adopt the following new 701—Chapter 212: CHAPTER 212GOVERNMENTS AND NONPROFITS

701—212.1(423) Sales to certain corporations organized under federal statutes. The sale of tangible personal property, specified digital products, or taxable services at retail to the following corporations are sales for final use or consumption to which tax shall apply: 1. Federal savings and loan associations. 2. Federal savings and trust companies. 3. National banks. 4. Other organizations of like character. This rule is intended to implement Iowa Code section 423.2.

ITEM 29. Rescind and reserve rules 701—213.1(423) and 701—213.2(423).

ITEM 30. Renumber rule 701—213.6(423) as 701—210.17(423).

ITEM 31. Renumber rule 701—213.9(423) as 701—210.18(423).

ITEM 32. Renumber rule 701—213.17(423) as 701—210.19(423).

ITEM 33. Renumber rule 701—213.24(423) as 701—210.20(423).

ITEM 34. Adopt the following new rule 701—213.26(423):

701—213.26(423) Sales of prepaid telephone cards or calling services. Sales of prepaid telephone calling cards and prepaid authorization numbers that furnish the holder with communication service are taxable as sales of tangible personal property. This rule is intended to implement Iowa Code section 423.2(1)“a.”

ITEM 35. Renumber 701—Chapter 214 as 701—Chapter 221.

ITEM 36. Renumber 701—Chapter 215 as 701—Chapter 207.

ITEM 37. Amend renumbered subrule 207.1(1) as follows: 207.1(1) Incorporation of definitions. To the extent it isthey are consistent with Iowa Code chapter 423 and this chapter, all other words and phrases used in this chapter shall mean the same as defined in Iowa Code sections 423.1 and 423.14A and rule 701—211.1(423)701—200.1(423).

ITEM 38. Renumber 701—Chapter 216 as 701—Chapter 206.

ITEM 39. Adopt the following new 701—Chapter 216: CHAPTER 216EVENTS, AMUSEMENTS, AND OTHER RELATED ACTIVITIES

701—216.1(423) Athletic events. The sales price from the sale of tickets or admissions to athletic events occurring in the state of Iowa and sponsored by educational institutions, without regard to the use of the proceeds from such sales, shall be subject to tax, except when the events are sponsored by elementary and secondary educational institutions. This rule is intended to implement Iowa Code section 423.2(3).

ITEM 40. Renumber 701—Chapter 223 as 701—Chapter 205.

ITEM 41. Amend renumbered subrule 205.4(2) as follows: 205.4(2) Sourcing of personal care services. Except as otherwise provided in the agreement or the rules adopted by the governing board, a purchaser receives a personal care service within the meaning of rule 701—211.1(423)701—200.1(423) at the location where the services are performed, which is the same location where the services are received by the purchaser (or the purchaser’s donee). The services will be received by the purchaser (or the purchaser’s donee) either at the seller’s location, pursuant to Iowa Code section 423.15(1)“a,” or at the purchaser’s (or the purchaser’s donee) location, pursuant to Iowa Code section 423.15(1)“b.”

ITEM 42. Renumber 701—Chapter 224 as 701—Chapter 217.

ITEM 43. Renumber 701—Chapter 226 as 701—Chapter 214.

ITEM 44. Amend renumbered paragraph 214.1(3)"a" as follows: a. Production of agricultural products.The term “production of agricultural products” means the same as the term “agricultural production,” which is defined in rule 701—211.1(423)701—200.1(423) to mean a farming operation undertaken for profit by the raising of crops or livestock. Nonexclusive examples of items not included within the meaning of the term “agricultural production” are the clearing or preparation of previously uncultivated land, the creation of farm ponds, and the erection of machine sheds, confinement facilities, storage bins, or other farm buildings. See Trullinger v. Fremont County, 223 Iowa 677, 273 N.W. 124 (1937). Machinery and equipment used for these purposes would be used for activities which are preparatory to, but not a part of, the production of agricultural products and, therefore, are not exempt.

ITEM 45. Amend renumbered rule 701—214.3(423) as follows:

701—214.3(423) Irrigation equipment used in agricultural production. The sales price from the sale or rental of irrigation equipment used in agricultural production is exempt from tax. The term “irrigation equipment” includes, but is not limited to, circle irrigation systems and trickle irrigation systems, whether installed aboveground or belowground, as long as the equipment is soldto or rented by a contractor or farmer and the equipment is directly and primarily used in agricultural production. The term “agricultural production” is defined in rule 701—211.1(423)701—200.1(423). This rule is intended to implement Iowa Code subsectionssections423.3(12) and 423.3(13).

ITEM 46. Amend renumbered subrule 214.6(2) as follows: 214.6(2) Agricultural limestone. Sales of agricultural limestone are exempt from sales and use tax only if the purchaser intends to use the limestone for disease control, weed control, insect control, or health promotion of plants or livestock produced for market as part of agricultural production. See rule 701—211.1(423) forRule 701—200.1(423) contains definitions of “agricultural production” and “plants.” Sales of agricultural limestone used for other purposes are subject to sales tax. Examples of taxable usesales include, but are not limited to:, sales of agricultural limestone for application on a lawn, golf course, or cemetery.

ITEM 47. Amend renumbered rule 701—214.7(423) as follows:

701—214.7(423) Sales of breeding livestock. The sale of agricultural livestock is exempt from tax only if at the time of purchase the purchaser intends to use the livestock primarily for breeding. The sale of agricultural livestock whichthat is capable of breeding, but will not be used for breeding or primarily for breeding, is not exempt from tax. However, sales of most nonbreeding agricultural livestock to farmers would be a sale for resale and exempt from tax. See rule 701—211.1(423) forRule 701—200.1(423) contains a definition of “livestock.” This rule is intended to implement Iowa Code subsectionsection423.3(3).

ITEM 48. Amend renumbered rule 701—214.8(423) as follows:

701—214.8(423) Domesticated fowl. The purchase of any domesticated fowl for the purpose of providing eggs or meat is exempt from tax, whether purchased by a person engaged in agricultural production or not. See rule 701—211.1(423) forRule 701—200.1(423) contains a definition of the term “domesticated fowl.” This rule is intended to implement Iowa Code subsectionsection423.3(3).

ITEM 49. Amend renumbered subrule 214.9(1) as follows: 214.9(1) Definitions. For purposes of this rule, the following definitions apply: "Adjuvant" means any substance which is added to a herbicide, a pesticide, or an insecticide to increase its potency. "Agricultural production" means the same as defined in rule 701—211.1(423)701—200.1(423). "Food" includes vitamins, minerals, other nutritional food supplements, and hormones sold to promote the growth of livestock. "Herbicide" means any substance intended to prevent, destroy, or retard the growth of plants including fungi. The term shall include preemergence, postemergence, lay-by, pasture, defoliant, and desiccant herbicides and fungicides. "Insecticide" means any substance used to kill insects. Any substance used merely to repel insects is not an insecticide. Mechanical devices which are used to kill insects are not insecticides. "Livestock" means the same as defined in rule 701—211.1(423)701—200.1(423). For the purposes of this rule, “livestock” includes domesticated fowl. "Medication" includes antibiotics or other similar drugs administered to livestock. "Pesticide" means any substance which is used to kill rodents or smaller vermin, other than insects, such as nematodes, spiders, or bacteria. For the purposes of this rule, a disinfectant is a pesticide. Excluded from the term “pesticide” is any substance which merely repels pests or any device, such as a rat trap, which kills pests by mechanical action. "Plants" means the same as defined in rule 701—211.1(423)701—200.1(423). "Surfactant" means a substance which is active on a surface.

ITEM 50. Amend renumbered subrule 214.12(1) as follows: 214.12(1) Definitions. For purposes of this rule, the following definitions apply: "Aquaculture" means the same as defined in rule 701—211.1(423)701—200.1(423). "Fuel" includes electricity. "Implement of husbandry" means the same as defined in rule 701—211.1(423)701—200.1(423). "Livestock" means the same as defined in rule 701—211.1(423)701—200.1(423) and includes domesticated fowl.

ITEM 51. Amend renumbered rule 701—214.14(423) as follows:

701—214.14(423) Bedding for agricultural livestock or fowl. The sales price from the sale of woodchips, sawdust, hay, straw, paper, or any other materials used for bedding in the production of agricultural livestock (including domesticated fowl) is exempt from tax. See rule 701—211.1(423) forRule 701—200.1(423) contains definitions applicable to this rule. This rule is intended to implement Iowa Code subsectionsection423.3(9).

ITEM 52. Renumber 701—Chapter 230 as 701—Chapter 215.

ITEM 53. Adopt the following new paragraph 215.18(3)"d": d. Professions and occupations.The term “profession” means a vocation or employment requiring specialized knowledge and often long and intensive academic preparation. The term “occupation” means the principal business of an individual, such as the business of farming. A professional entity that carries on any profession or occupation, such as an accounting firm, is not a commercial enterprise.

ITEM 54. Renumber 701—Chapter 231 as 701—Chapter 220.

ITEM 55. Renumber 701—Chapter 235 as 701—Chapter 275.

ITEM 56. Renumber 701—Chapter 237 as 701—Chapter 273.

ITEM 57. Renumber 701—Chapter 238 as 701—Chapter 272.

ITEM 58. Renumber 701—Chapter 239 as 701—Chapter 274.

ITEM 59. Renumber 701—Chapter 240 as 701—Chapter 204.

ITEM 60. Rescind and reserve 701—Chapter 241.

ITEM 61. Renumber 701—Chapter 242 as 701—Chapter 276.

ITEM 62. Renumber existing 701—Chapter 250 as 701—Chapter 277.

ITEM 63. Rescind the title heading before renumbered 701—Chapter 252.

ITEM 64. Amend renumbered subrule 252.1(1) as follows: 252.1(1) Incorporation of definitions. To the extent they are consistent with Iowa Code chapter 423G, all words and phrases used in this chapter shall mean the same as defined in Iowa Code section 423.1 and rule 701—211.1(423)701—200.1(423).

ITEM 65. Amend renumbered subrule 253.1(1) as follows: 253.1(1) Incorporation of definitions. To the extent it isthey are consistent with Iowa Code chapter 423A and this chapter, all other words and phrases used in this chapter shall mean the same as defined in Iowa Code section 423.1 and rule 701—211.1(423)701—200.1(423).

ITEM 66. Rescind the title heading before renumbered 701—Chapter 254.

ITEM 67. Renumber 701—Chapter 258 as 701—Chapter 278.

ITEM 68. Rescind the title heading before renumbered 701—Chapter 259.

ITEM 69. Rescind the title heading before renumbered 701—Chapter 262.

ITEM 70. Rescind the title heading before renumbered 701—Chapter 270.

ITEM 71. Amend renumbered subrule 270.1(1) as follows: 270.1(1) Incorporation of definitions. To the extent it is consistent with Iowa Code chapter 423B and this chapter, all other words and phrases used in this chapter shall mean the same as defined in Iowa Code chapter 423B, Iowa Code section 423.1, and rule 701—211.1(423)701—200.1(423).

ITEM 72. Amend renumbered subrule 270.4(1) as follows: 270.4(1) Incorporation of 701—Chapter 12701—Chapter 202. Except as otherwise stated in this chapter, the requirements of 701—Chapter 12701—Chapter 202 shall apply to retailers required to collect local option tax in the same manner as those requirements apply to all sellers and retailers making sales subject to state sales tax.

ITEM 73. Amend renumbered rule 701—270.5(423B) as follows:

701—270.5(423B) Permits. Except as otherwise stated in this chapter, the requirements of 701—Chapter 13701—Chapter 201 shall apply to retailers required to collect local option tax in the same manner that those requirements apply to all sellers and retailers making sales subject to state sales tax. This rule is intended to implement Iowa Code section 423B.6. [Filed 8/17/22, effective 10/12/22][Published 9/7/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/7/22.ARC 6488CTransportation Department[761]Adopted and Filed

Rule making related to the intermodal pilot project program

The Transportation Department hereby rescinds Chapter 201, “Intermodal Pilot Project Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 307.12.State or Federal Law Implemented This rule making implements, in whole or in part, 2008 Iowa Acts, chapter 1126, section 32; 1987 Iowa Acts, chapter 230, sections 1 and 4; and 1998 Iowa Acts, chapter 1211, section 1.Purpose and Summary This rule making rescinds Chapter 201 because 2008 Iowa Acts, chapter 1126, section 32, repealed Iowa Code section 473.11, which created the Energy Conservation Trust. The Energy Conservation Trust Fund moneys appropriated to the Department for the Intermodal Pilot Project Program have all been used. This program began in 1989 with a transfer of $725,000 in overcharge funds for energy efficiency from the Department of Natural Resources (DNR). In 2000, an additional $725,000 was received from the DNR. A number of projects were completed under this program with grants or loans. However, eligibility for projects was very narrow and exclusively dependent on energy savings benefits as a criterion. In 2008, the last project was funded. The Intermodal Pilot Project Program is no longer active, and any funds have either been expended or returned to the DNR, the original source of the funding.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 29, 2022, as ARC 6395C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on August 9, 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 Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on October 12, 2022. The following rule-making action is adopted:

ITEM 1. Rescind and reserve 761—Chapter 201. [Filed 8/11/22, effective 10/12/22][Published 9/7/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/7/22.ARC 6489CTransportation Department[761]Adopted and Filed

Rule making related to licensing and regulation of vehicle recyclers

The Transportation Department hereby amends Chapter 400, “Vehicle Registration and Certificate of Title,” and Chapter 431, “Vehicle Recyclers,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 321H.4A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 321H.4A.Purpose and Summary This rule making relates to the licensing and regulation of vehicle recyclers and implements existing legal authority under Iowa Code chapter 321H. The amendments to Chapter 400 add Iowa Code section 321H.4A to an implementation sentence, make minor technical changes, and adopt new subrule 400.23(2) to implement existing statutory authority to establish the National Motor Vehicle Title Information System (NMVTIS) reporting criteria when a vehicle is being junked or dismantled by a licensed vehicle recycler. The new subrule establishes the responsibility for completing the required NMVTIS reporting and provides three options for compliance. One option is for the vehicle owner or vehicle owner’s authorized representative to provide a copy of the vehicle owner’s or authorized representative’s government-issued photo identification during the initial transaction between the parties and for the licensed vehicle recycler to verify that the owner or authorized representative has completed the required NMVTIS reporting. The second option, if the vehicle owner is another licensed vehicle recycler or is a business regularly engaged in the junking or dismantling of vehicles, is for the licensed vehicle recycler to enter into a written agreement confirming that the owner has completed the required NMVTIS reporting. The third option is for the licensed vehicle recycler to obtain the vehicle owner’s or authorized representative’s name and the vehicle identification number of the vehicle so that the vehicle recycler can complete the NMVTIS reporting. The new subrule also provides that a licensed vehicle recycler is required to cooperate with law enforcement during normal business hours when there is a reasonable belief that fraud has occurred in connection with the junking or dismantling of a vehicle. The amendments to Chapter 431 correct the contact information to refer to the Motor Vehicle Division, add Iowa Code section 321H.4A to relevant implementation sentences, and make minor technical changes. Other amendments to Chapter 431 align the subrules governing application requirements and other criteria for a vehicle recycler license with Iowa Code sections 321H.4 and 321H.4A, which require a licensed vehicle recycler to submit proof of registration with the NMVTIS and to comply with applicable NMVTIS reporting and record-keeping requirements when a vehicle is purchased by a licensed vehicle recycler.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 15, 2022, as ARC 6361C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on August 9, 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 Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on October 12, 2022. The following rule-making actions are adopted:

ITEM 1. Amend rule 761—400.23(321) as follows:

761—400.23(321) Junked vehicle. 400.23(1) Junking certificate. The owner of a vehicle that is to be junked or dismantled shall obtain a junking certificate in accordance withwhen required by Iowa Code subsection 321.52(3)section 321.52. 400.23(2) Required verification. a. One of the following shall satisfy the required verification when a vehicle owner junks or dismantles a vehicle to a licensed vehicle recycler under Iowa Code section 321.52(2)“b” or 321H.4A(2)“b”: (1) The owner or authorized representative provides information to the licensed vehicle recycler who acquires the vehicle, including, at a minimum, government-issued photo identification and verification of prior reporting to the National Motor Vehicle Title Information System (NMVTIS). For a subsequent transaction with the licensed vehicle recycler, the vehicle owner or authorized representative is not required to provide government-issued photo identification if the licensed vehicle recycler has retained such information from a prior transaction. A licensed vehicle recycler is not required to report a vehicle verified under this subparagraph to the NMVTIS. (2) The vehicle’s owner is a licensed vehicle recycler or is the authorized representative of an established commercial or industrial business, operating from a fixed location, that is known to the licensed vehicle recycler to be regularly engaged in the junking or dismantling of vehicles or may reasonably be expected to produce vehicles for junking or dismantling and has entered into a written agreement with the licensed vehicle recycler confirming it has reported the vehicles to the NMVTIS. The written agreement shall, at a minimum, contain the owner’s or authorized representative’s name and address. A licensed vehicle recycler is not required to report a vehicle covered under an agreement under this subparagraph to the NMVTIS. (3) The licensed vehicle recycler obtains the vehicle owner’s or authorized representative’s name and the vehicle identification number for the vehicle being junked or dismantled, and the vehicle recycler reports the vehicle to the NMVTIS. b. A licensed vehicle recycler acquiring a vehicle as described under this subrule shall cooperate with a law enforcement agency during normal business hours when the agency has reason to believe that fraud has occurred in connection with the junking or dismantling of the vehicle. A law enforcement agency shall maintain the information as confidential and shall not disclose the information to a third party, except as may be necessary for the prosecution of a criminal violation. 400.(2) 400.23(3) Retitling a junked vehicle. The department may authorize issuance of a new certificate of title to the vehicle owner named on the junking certificate only if the department determines that the junking certificate was issued in error. a. The reasons a junking certificate was issued in error include but are not limited to the following: (1) The owner inadvertently surrendered the wrong certificate of title. The owner shall submit to the department a photocopy of the ownership document for each vehicle and a signed statement explaining the circumstances that resulted in the error. (2) A junking certificate was obtained in error and the vehicle continues to be registered. The owner shall submit to the department a photocopy of the current registration and a signed statement explaining the circumstances that resulted in the error. (3) The owner intended to apply for a salvage title under Iowa Code subsection 321.52(4) but inadvertently submitted an application for a junking certificate. The owner shall submit to the department a bill of sale or other documentation from the previous owner stating that the vehicle was rebuildable when purchased and a signed statement explaining the owner’s original intention to obtain a salvage title. The department shall inspect the vehicle to verify the rebuildable condition. b. If the department determines that the junking certificate was issued in error, the department shall authorize the proper county treasurer to issue a certificate of title for the vehicle after payment by the owner of appropriate fees and taxes, including the return of any credit or refund for registration fees paid to the owner because of the error. c. If the department determines that the junking certificate was not issued in error and denies the application for reinstatement of the certificate of title for the vehicle, the owner may apply for a certificate of title under the bonding procedure in rule 761—400.13(321) if the vehicle qualifies as an antique vehicle under Iowa Code subsection 321.115(1). This rule is intended to implement Iowa Code subsection 321.52(3)sections 321.52 and 321H.4A.

ITEM 2. Amend rule 761—431.1(321H) as follows:

761—431.1(321H) General. 431.1(1) Information. Information and blank forms relating to this chapter may be obtained from and completed forms shall be submitted to the Office ofMotor Vehicle ServicesDivision, Iowa Department of Transportation, P.O. Box 9278, Des Moines, Iowa 50306-9278. Information and forms are also available on the department’s Web sitewebsite at http://www.iowadot.gov/mvdwww.iowadot.gov. 431.1(2) Definitions. "Principal place of business" means a building actually occupied where the public and the department may contact the owner or operator during regular business hours. "Regular business hours" means to be consistently open to the public on a weekly basis at hours reported to the office ofmotor vehicle servicesdivision. Regular business hours shall include a minimum of 32 posted hours between 7 a.m. and 9 p.m., Monday through Friday. This rule is intended to implement Iowa Code sections 321H.2 and 321H.4.

ITEM 3. Adopt the following new paragraph 431.2(1)"d": d. If subject to the requirements of 28 CFR Section 25.56, as adopted in Iowa Code section 321H.4A(2)“a,” do all of the following: (1) Obtain and maintain a registered account with the National Motor Vehicle Title Information System (NMVTIS). (2) Report, or verify reporting of, inventory to the NMVTIS. (3) If applicable, verify the seller of a vehicle purchased by the recycler has complied with 28 CFR Section 25.56 and document such verification on a form prescribed by the department if third-party electronic records are insufficient to verify compliance with 28 CFR Section 25.56 because the vehicle has been crushed or flattened by mechanical means, as stated in Iowa Code section 321H.4A. (4) Retain records of compliance, including verification forms completed under subparagraph 431.2(1)“d”(3), at the vehicle recycler’s principal place of business for at least three years after the purchase of the vehicle. Records may be stored either in hard copy or electronically. Records of compliance shall be open for inspection by any peace officer during normal business hours.

ITEM 4. Amend rule 761—431.2(321H), implementation sentence, as follows: This rule is intended to implement Iowa Code sectionsections321H.4and 321H.4A.

ITEM 5. Adopt the following new subrule 431.3(8): 431.3(8) The applicant shall include the unique NMVTIS identification number as proof of compliance with registration requirements.

ITEM 6. Amend rule 761—431.3(321H), implementation sentence, as follows: This rule is intended to implement Iowa Code sectionsections321H.4and 321H.4A. [Filed 8/11/22, effective 10/12/22][Published 9/7/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/7/22.ARC 6490CTransportation Department[761]Adopted and Filed

Rule making related to motor vehicle leasing licenses

The Transportation Department hereby amends Chapter 430, “Motor Vehicle Leasing Licenses,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 321F.11.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 321F.Purpose and Summary This rule making relates to motor vehicle leasing licenses, which is a requirement under Iowa Code chapter 321F when a person is engaged in the business of leasing motor vehicles in this state. The amendments correct the Department’s contact information and amend the definition of “engage in the business” to mean leasing two or more motor vehicles subject to registration if a lessee is a resident of Iowa and first takes possession of the vehicle in Iowa, or if the lessor’s business address is located in Iowa. The amendments within the definition further state that a person is not considered to be engaged in the business if the business address is located outside Iowa and the lessee first takes possession of the vehicle outside Iowa. The previous definition was not sufficiently clear as to which types of transactions count as being engaged in the business of leasing motor vehicles and are thus subject to the motor vehicle leasing license requirements.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 1, 2022, as ARC 6342C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on August 9, 2022.Fiscal Impact The fiscal impact cannot be determined. Iowa Code section 321F.4 requires a person applying for a motor vehicle leasing license to pay a $30 application fee for a two-year period of license validity. In fiscal year 2021, the Department issued 53 new leasing licenses, and in calendar year 2020, the Department renewed 426 existing leasing licenses. While this rule making seeks to clarify what constitutes being engaged in the business of leasing motor vehicles, the Department is unable to discern at this time whether this change will result in the Department issuing any more or any fewer leasing licenses.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on October 12, 2022. The following rule-making action is adopted:

ITEM 1. Amend rule 761—430.1(321F) as follows:

761—430.1(321F) General. 430.1(1) Information. Information and blank forms relating to this chapter may be obtained from and completed forms shall be submitted to the Office of Vehicle and Motor Carrier Services,Vehicle Division, Iowa Department of Transportation,by mail at P.O. Box 9278, Des Moines, Iowa 50306-9278; by telephone at (515)237-3110; by email at vcusto@iowadot.us; or from the department’s website at www.iowadot.gov.Completed forms shall be submitted to the Motor Vehicle Division, Iowa Department of Transportation, by mail at P.O. Box 9278, Des Moines, Iowa 50306-9278. 430.1(2) Definition. “Engage in the business” means leasing two or more motor vehiclesthat are subject to registration in a 12-month periodif the lessee is a resident of this state and first takes possession of the vehicle in this state, or if the lessor’s business address is located in this state. A person shall not be considered to be engaged in the business if the lease for a vehicle subject to registration was originally created in a jurisdiction outside the state of Iowabusiness address is located outside of this state and the lessee first takes possession of the motor vehicle outside of this state. [Filed 8/11/22, effective 10/12/22][Published 9/7/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/7/22.ARC 6491CTransportation Department[761]Adopted and Filed

Rule making related to transportation network companies

The Transportation Department hereby amends Chapter 540, “Transportation Network Companies,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 321N.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 321N.Purpose and Summary This rule making relates to permitting and regulation of transportation network companies (TNCs) and TNC drivers. The amendments align with existing legal authority and Department practice, eliminate outdated or irrelevant requirements or options, and accommodate modern procedures. Updates are made to various rules throughout the chapter to correct the Department’s contact and submission information for TNC permits and other required submissions. The amendments adjust the fee payment methods in subrule 540.4(2) to eliminate outdated language and instead use language that will encompass all acceptable payment methods. The subrule addressing supporting documentation for a TNC permit is amended to clarify that a current copy of the TNC’s certificate of good standing must be submitted with the application if the TNC is incorporated or organized. Finally, the rule making adds a new rule to implement existing statutory authority regarding review of TNC records by the Department. Pursuant to Iowa Code section 321N.2(5), the Department is authorized to examine TNC records for the purposes of enforcing the requirements of Iowa Code chapter 321N. The rule outlines the types of records that will be requested by the Department and how those records may be submitted.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on May 4, 2022, as ARC 6312C. The Department received written comments from Lyft, Inc., (Lyft) suggesting the Department expressly incorporate the confidentiality requirements from Iowa Code section 321N.2(5) into rule 761—540.11(321N), limit the random sample of drivers to 20 or, alternatively, provide more time for Lyft to provide the records in subrule 540.11(1), and remove the phrase “negative reports” from subparagraph 540.11(2)“a”(5). In response, the Department added the requested confidentiality language and removed the phrase “negative reports.” The Department also extended the time frame in subrule 540.11(1) to 30 days.Adoption of Rule Making This rule making was adopted by the Department on August 11, 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 Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on October 12, 2022. The following rule-making actions are adopted:

ITEM 1. Amend rule 761—540.3(321N) as follows:

761—540.3(321N) General information. 540.3(1) Information and location. Applications, forms, electronic or otherwise, and information regarding transportation network company permits are available by mail from the Office of Vehicle and Motor Carrier ServicesVehicle Division, Iowa Department of Transportation, P.O. Box 10382, Des Moines, Iowa 50306-0382; in person at 6310 SE Convenience Blvd., Ankeny, Iowa; by telephone at (515)237-3268(515)237–3156; by email at omcs@iowadot.uscentral.vehicle@iowadot.us; by facsimile at (515)237-3225; or on the department’s website at www.iowadot.gov. 540.3(2) Complaints. Complaints against transportation network companies pertaining to the provisions of Iowa Code chapter 321N and this chapter that are within the regulation and jurisdiction of the department shall be submitted in writing to the office ofmotor vehicle and motor carrier servicesdivision via the methods listed in subrule 540.3(1).

ITEM 2. Amend rule 761—540.4(321N) as follows:

761—540.4(321N) Application for transportation network company permit and supporting documents. 540.4(1) Application. An application for a transportation network company permit shall be made to the office ofmotor vehicle and motor carrier services on adivision in the form designatedand manner prescribed by the department, electronic or otherwise, and prescribed for that purpose. The form shall require all of the following: a. The transportation network company’s full legal name and tax identification number. b. The address of the transportation network company’s principal place of business. c. If incorporated or otherwise organized, the transportation network company’s state of incorporation or organization. d. The name, address, telephone number and email address of the person submitting the application on behalf of the transportation network company. e. A statement confirming the transportation network company’s agreement to comply with all applicable requirements of Iowa Code chapter 321N and this chapter, signed by the transportation network company’s authorized representative. f. The name and address of the transportation network company’s agent for service of process in the state of Iowa. g. The name by which the transportation network company will do business in the state of Iowa, if different from the transportation network company’s full legal name. h. A description of the transportation network company’s digital network and the means or manner by which it may be accessed by the transportation network company’s drivers and riders. This paragraph is not intended to and shall not be construed as requiring the disclosure of information proprietary to the transportation network company. i. The name, address, telephone number and email address of the person through whom the department may coordinate examination of the transportation network company’s records as required by Iowa Code section 321N.2(5). j. Such other information as may be required by the department. 540.4(2) Application fee. An application for a transportation network company permit shall be accompanied by the fee required by Iowa Code section 321N.2. The fee shall be made payable to the Iowa Department of Transportationin the form and manner prescribed by cash, check, money order, or other means acceptable to, and offered by, the department. 540.4(3) Supporting documents. An application for a transportation network company permit shall be accompanied by the following: a. Proof of compliance with the financial responsibility requirements of Iowa Code section 321N.4. Proof of compliance shall be submitted by providing a valid certificate of coverage from an insurer governed by Iowa Code chapter 515, or by a surplus lines insurer governed by Iowa Code chapter 515I. The certificate of coverage shall demonstrate coverage in the amounts and circumstances required by Iowa Code section 321N.4, and shall certify that if insurance maintained by a transportation network company driver under Iowa Code chapter 321N lapses or does not provide coverage in the amounts or types required by Iowa Code section 321N.4, subsection 2 or 3, the insurance certified in the certificate of coverage shall provide coverage in the amounts and types required by Iowa Code section 321N.4, subsection 2 or 3, beginning with the first dollar of the claim, and the insurer providing such coverage shall defend the claim. The certificate of coverage shall also certify that the coverage therein is not dependent on the insurer of a transportation network company driver’s personal vehicle first denying a claim, and does not require the insurer of a personal automobile insurance policy to first deny a claim to trigger coverage and defense under the coverage certified. b. Proof that the transportation network company has established a zero tolerance policy for the use of drugs and alcohol as provided in Iowa Code section 321N.3(5). The transportation network company shall provide a written copy of the applicable policy and an explanation of the manner or means by which the policy is made known to transportation network company drivers and the manner or means by which the policy is enforced. c. Proof that the transportation network company has adopted and is enforcing nondiscrimination and accessibility policies. As used herein, “nondiscrimination policy” means a policy that prohibits discrimination against transportation network company riders on the basis of race, age, disability, religion, color, sex, or national origin. “Accessibility policy” means a policy that prohibits discrimination against and assures equal opportunity and access to transportation network company riders who are persons with disabilities under the Americans with Disabilities Act of 1990 (ADA) as amended by the ADA Amendments Act of 2008 (P.L. 110-325) codified at 42 U.S.C. 12101 et. seq. The transportation network company shall provide a written copy of the applicable policy and an explanation of the manner or means by which the policy is made known to transportation network company drivers and the manner or means by which the policy is enforced. d. Proof that the transportation network company has established record retention guidelines that comply with the requirements of Iowa Code section 321N.2(2). The transportation network company shall provide a written copy of the applicable policy and an explanation of the manner or means by which the policy is made known to the designated records retention officer or responsible staff and the manner or means by which the policy is enforced. e. Proof that the transportation network company has established a means for informing persons seeking approval to serve as transportation network company drivers of their notification obligations under Iowa Code section 321N.3(2). The transportation network company shall provide a copy of the disclosure form used by the transportation network company to inform such persons of the notification obligations under Iowa Code section 321N.3(2) and an explanation of the manner or means by which the disclosure form is made known to and signed by such persons. f. Proof that the transportation network company has established a means for making the automobile insurance disclosures required by Iowa Code section 321N.5 to persons serving as transportation network company drivers. The transportation network company shall provide a copy of the written disclosure used by the transportation network company and an explanation of the manner or means by which the written disclosure is made known to transportation network company drivers. g. Proof that the transportation network company has established a means for making the driver and vehicle disclosures required by Iowa Code section 321N.7 to transportation network company riders. The transportation network company shall provide an explanation of the manner or means by which the disclosure is made known to transportation network company riders. h. Proof that the transportation network company has established a means for transmitting an electronic receipt to transportation network company riders as required by Iowa Code section 321N.8. The transportation network company shall include a sample, representative receipt and an explanation of the manner or means by which the receipt is delivered and the time frame within which the receipt is delivered. i. If incorporated or organized, acurrent copy of the transportation network company’s certificate of good standing from the transportation network company’s state of incorporation or organization. j. All applicable documents identified in 761—subrule 380.7(2) and any other documentation, if required by the department, necessary to assess the operational capabilities of any driverless-capable vehicles the transportation network company intends to operate, including for the purpose of determining whether to impose operational restrictions as authorized under rule 761—400.21(321). k. Other such documents as requested by the department.

ITEM 3. Amend rule 761—540.6(321N) as follows:

761—540.6(321N) Amendment to transportation network company permit. If during the period the permit is valid any information required and presented in the application under paragraph 540.4(1)“a,”“b,”“c,”“f,”“g” or “i” changes, the transportation network company shall notify the office ofmotor vehicle and motor carrier servicesdivision of the change in writing, within 30 days after the change. Notification shall include the permit number and a recitation of the information that has changed and that should be updated in the department’s records. Submission of amended information is not a request for a new permit or for permit approval and shall not extend the period the permit is valid. Upon determination that the information submitted is complete and correct, the department shall update its records and issue an amended permit, if the department determines it is necessary.

ITEM 4. Amend subrule 540.9(2) as follows: 540.9(2) The request shall be submitted in writing, to the director of the office ofmotor vehicle and motor carrier services,division at the address indicated in subrule 540.3(1), and may be submitted electronically by facsimile, email or other means prescribed by the department. To be timely, the request must be submitted within 20 days of service of the notice of suspension, revocation, or denial. Failure to contest denial of a permit application does not preclude the transportation network company from submitting a new application for a permit at any time after the denial.

ITEM 5. Adopt the following new rule 761—540.11(321N):

761—540.11(321N) Record review. 540.11(1) When the department examines the records of a transportation network company as authorized under Iowa Code section 321N.2(5), the department may request the transportation network company to provide a list of all prearranged rides for a seven-day period or all transportation network company drivers in Iowa for a specific date. The transportation network company shall provide the required information to the department within 30 days of the request. 540.11(2) For the records provided under subrule 540.11(1), the department may identify a random sample of rides or drivers, or rides and drivers, for review for the specified period. The transportation network company shall provide additional information for each driver and each rider for each ride as requested by the department. a. Additional information requested for the transportation network company driver shall include the following: (1) A copy of the driver’s license for the transportation network company driver. (2) A copy of the driver’s state-issued vehicle registration, including year, make, model, VIN and license plate number. (3) A copy of proof of the driver’s financial liability coverage. The copy shall include the driver’s insurance company name, address, and policy number. In addition, a copy of proof of financial liability coverage maintained to comply with Iowa Code sections 321N.4(2) and 321N.4(3) that includes coverages and limits may be satisfied by any of the following: 1. Insurance maintained by the transportation network company driver. 2. Insurance maintained by the transportation network company. 3. A combination of numbered paragraphs 1 and 2. (4) A copy of or a verification that all necessary disclosures were supplied to the driver by the transportation network company, including the lienholder, vehicle owner, insurance and motor vehicle equipment requirements. (5) A copy of all complaints received by the transportation network company from any rider who received a ride from the driver. This includes, but is not limited to, complaints related to drug or alcohol use, vehicle safety, motor vehicle equipment safety, driver behavior, driver ability or operation of the vehicle. (6) A summary or other documentation that shows how the transportation network company resolved any complaint from a rider. (7) Documentation or verification of the background and sex offender registry check on the driver. b. Additional information for each transportation network company rider shall include the electronic ride receipt provided to the rider. 540.11(3) Notwithstanding any provision of subrule 540.11(1) to the contrary, the department and the transportation network company may agree to an alternative process or format for the transportation network company to provide the requested records if the records otherwise include the information required in subrule 540.11(2). 540.11(4) Records submitted by the transportation network company to the department pursuant to this rule shall maintain the same status, including confidentiality and disclosure requirements as provided in Iowa Code section 321N.2(5). [Filed 8/11/22, effective 10/12/22][Published 9/7/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/7/22.ARC 6487CWorkforce Development Department[871]Adopted and Filed

Rule making related to unemployment insurance benefits

The Director of the Workforce Development Department hereby amends Chapter 24, “Claims and Benefits,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 96.11.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 96.Purpose and Summary This rule making updates the Department’s requirement that a claimant for unemployment insurance benefits be earnestly and actively seeking work. Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 23, 2022, as ARC 6201C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Director of the Department on April 1, 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 Department for a waiver of the discretionary provisions, if any.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on October 12, 2022. The following rule-making action is adopted:

ITEM 1. Rescind paragraph 24.22(3)"c" and adopt the following new paragraph in lieu thereof: c. Exceptions. (1) Union and professional employees. Members of unions or professional organizations who normally obtain their employment through union or professional organizations are considered as earnestly and actively seeking work if they maintain active contact with the union’s business agent or with the placement officer in the professional organization. A paid-up membership must be maintained if this is a requirement for placement service. The trade, profession, or union to which the individual belongs must have an active hiring hall or placement facility, and the trade, profession, or union must be the source customarily used by employers in filling their job openings. Registering with the individual’s union hiring or placement facility is sufficient, except that whenever all benefit rights to regular benefits are exhausted and Iowa is in an extended benefit period or similar program such as the federal supplemental compensation program, individuals must also actively search for work. Mere registration at a union or reporting to a union hiring hall or registration with a placement facility of the individual’s professional organization does not satisfy the extended benefit systematic and sustained effort to find work, and additional work contacts must be made. (2) The requirement for seeking work is waived for the first 16 weeks after the initial claim is filed if all of the following conditions apply: 1. The individual is attached to a regular job or industry. 2. The individual is a high-skilled worker. For purposes of this numbered paragraph, “high-skilled worker” means a worker whose job or position requires licensing, credentials, or specialized training. 3. The individual is on a short-term temporary layoff. For purposes of this numbered paragraph, “short-term temporary layoff” means a layoff period of 16 weeks or less due to seasonal weather conditions that impact the ability to perform work related to highway construction, repair, or maintenance with a specific return-to-work date verified by the employer. 4. The individual otherwise qualifies for unemployment insurance benefits. (3) The requirement for seeking work is waived for the first eight weeks after the initial claim is filed. A claimant shall be required to complete one work search activity each week after the first eight weeks after the initial claim is filed if all of the following conditions apply: 1. The individual is attached to a regular job or industry. 2. The individual is a worker other than a high-skilled worker as defined in numbered paragraph 24.22(3)“c”(2)“2.” 3. The individual is on a short-term temporary layoff. For purposes of this numbered paragraph, “short-term temporary layoff” means a layoff period of 16 weeks or less due to seasonal weather conditions that impact the ability to perform work related to highway construction, repair, or maintenance with a specific return-to-work date verified by the employer. 4. The individual otherwise qualifies for unemployment insurance benefits. (4) If work is not available at the conclusion of the layoff period due to short-term circumstances beyond the employer’s control, the employer may request a one-time extension of the waiver or alteration for up to two weeks from the department. For the purposes of this subparagraph, “short-term circumstances” means a temporary, unexpected condition that delays the anticipated start of the employer’s normal work season. [Filed 8/8/22, effective 10/12/22][Published 9/7/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/7/22.

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