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 ActionProposing 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.”
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 ActionProposing 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:
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.
- 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.
- 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.
- 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.
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 ActionProposing 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 ActionProposing 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:
- 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”).
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.
- 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.
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 ActionProposing 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 ActionProposing 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 ActionProposing 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.
- 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.
- 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.
- 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.
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.
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 FiledRule 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.
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;
- 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.
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.
- 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.
- 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.
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 FiledRule 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 FiledRule 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 FiledRule 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 FiledRule 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:
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 FiledRule 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.
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 FiledRule 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 BUSINESSES701—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 NONPROFITS701—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 ACTIVITIES701—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 FiledRule 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 FiledRule 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 FiledRule 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 FiledRule 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 FiledRule 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.