Proposing rule making related to five-year review of rules and providing an opportunity for public comment
The Child Advocacy Board hereby proposes to amend Chapter 1, “Purpose and Function,” Chapter 2, “Rules and Operation for the State Board,” Chapter 3, “Local Foster Care Review Boards,” Chapter 4, “Court Appointed Special Advocate Program,” and Chapter 5, “Public Records and Fair Information Practices,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 237.18.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 237.18 and 2022 Iowa Acts, House Files 2390, 2252, and 2507.Purpose and Summary A comprehensive review of Chapters 1 through 5 was performed in accordance with the requirements in Iowa Code section 17A.7(2) and the enactment of 2022 Iowa Acts, House Files 2390 and 2252. The proposed amendments update rules in accordance with current practice and legislative changes, eliminate redundancy, and make rules more user-friendly. 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 Iowa Code section 17A.9A. 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 Board no later than 4:30 p.m. on October 11, 2022. Comments should be directed to: Ashleigh Hackel Iowa Department of Inspections and Appeals Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319-0083 Phone: 515.281.4567 Email: ashleigh.hackel@dia.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 rule 489—1.1(237) as follows:489—1.1(237) Purpose. The child advocacy board is established by Iowa Code section 237.16 to carry out all duties described in Iowa Code section 237.18. The board is charged with the responsibility of establishing a foster care registry, establishing local review boards to review cases of children in foster care, establishing a training program formembers of the state board members, establishing procedures and protocols for administering thelocal foster care review board and court appointed special advocate program, receiving and administering funds received for the state board’s programs and annually reporting findings and making recommendations to the governor, general assembly, the supreme court, the chief judge of each judicial district, the department, and child-placing agencies, and the state court administrator for dissemination to the supreme court and the chief judge of each judicial district. 1.1(1) Location. The child advocacy board is located in the Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0083; telephone (515)281-7621(866)448-4608. Office hours are 8 a.m. to 4:30 p.m., Monday through Friday, except on state holidays. The child advocacy board is created within the department of inspections and appeals. 1.1(2) Definitions. The following definitions apply to the rules of the child advocacy board. "Case permanency plan" means the same as defined in Iowa Code section 232.2(4), except the plan shall also include all of the following, but not be limited to:- The efforts to place the child with a relativeTime frames to meet the stated permanency goal and short-term objectives.
- The rationale for an out-of-state placement, and the efforts to prevent such placement, if the child has been placed out of statecare and services that will be provided to the child, biological parents, the child’s fictive kin, and foster parents.
- Time frames to meet the stated permanency goal and short-term objectivesThe efforts to place the child with a relative or fictive kin.
- The rationale for an out-of-state placement, and the efforts to prevent such placement, if the child has been placed out of state.
- The child’s foster care placement is the financial responsibility of the state pursuant to Iowa Code section 234.35.
- The child is under the guardianship of the department.
- The child has been involuntarily hospitalized for mental illness pursuant to Iowa Code chapter 229.
- The child is at risk of being placed outside the child’s home, the department or court is providing or planning to provide services to the child, and the department or court has requested the involvement of the state or local board.
- Develops a management information system and procedures which provide feedback to local agencies serving the children to be reviewed, schedules for review, and recommendations following reviews and which provide reports of court appointed special advocate observations, findings, and recommendations to the court and parties to the child’s case to which the advocate is assigned.
- Designs forms and specifies the means by which foster care agencies may transmit case information to local boards.
- Conducting in-person interviews with the childevery 30 days, if the child’s age is appropriate for the interview, and interviewing each parent, guardian, or other person having custody of the child, if authorized by counsel.
- Conducting interviews with the child, if the child’s age is appropriate for the interview, prior to any court-ordered hearing.
- 3Visiting the home, residence, or both home and residence of the child and any prospective home or residence of the child, including each time placement is changed.
- 4Interviewing any person providing medical, mental health, social, educational, or other services to the child, before any hearing referred to in paragraph “2” of this definition.
- 5Obtaining firsthand knowledge, if possible, of the facts, circumstances, and parties involved in the matter in which the personcourt appointed special advocate is appointed.
- 6Attending anydepositions, hearings, and trial proceedings in the matter in which the personcourt appointed special advocate is appointedfor the purpose of supporting the child and advocating for the child’s protection.
- If the child is required to have a transition plan developed in accordance with the child’s case permanency plan and subject to review and approval of a transition committee under Iowa Code section 235.7, assisting the transition committee in development of the transition plan.
- Assisting the transition committee in the development of a transition plan if the child’s case permanency plan calls for the development of a transition plan.
- Submitting a written report to the juvenile court and to each of the parties identified in Iowa Code section 237.21(4) as amended by 2022 Iowa Acts, House File 2390, section 13, prior to each court hearing, unless otherwise ordered by the court. The report shall include, but not be limited to, the identified strengths and concerns of the child and the child’s family, along with recommendations about the child’s placement and best interest.
- Disclosure to those officers, employees, agents, and foster care reviewchild advocacy board members defined in Iowa Code section 237.18 of the agency or the originating agency who have a need for the record in the performance of their duties. The custodian of the record may, upon request of any officer or employee, or on the custodian’s own initiative, determine what constitutes legitimate need to use confidential records.
- Disclosure of information indicating an apparent violation of the law to appropriate law enforcement authorities for investigation and possible criminal prosecution, civil court action, or regulatory order.
- Transfers of information within the agency, to other state agencies, or to local units of government as appropriate to administer the program for which the information is collected.
- Information released to staff of federal and state entities for audit purposes or for purposes of determining whether the agency is operating a program lawfully.
- Any disclosure specifically authorized by the statute under which the record was collected or maintained.
- Files are maintained by the child’s name in the foster care reviewchild advocacy board offices. Those files are kept in locked filing cabinets. (Iowa Code section 237.18(2)“a”)
- The Foster Care Registry (Iowa Code section 237.17) is a computerized tracking system of the children reported to the foster care reviewchild advocacy board. The information of each case is personally identifiable by name.
- Personnel files for each employee of the foster care reviewchild advocacy board. These may be confidential pursuant to Iowa Code section 22.7(11).
Proposing rule making related to historic preservation tax credit and providing an opportunity for public comment
The Economic Development Authority (IEDA) hereby proposes to amend Chapter 49, “Historic Preservation and Cultural and Entertainment District Tax Credits,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 404A.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 404A.Purpose and Summary IEDA administers the Historic Preservation Tax Credit Program pursuant to Iowa Code chapter 404A. The program offers a state income tax credit of up to 25 percent of the qualified rehabilitation expenditures associated with a historic preservation project. The proposed amendments represent a comprehensive update of the chapter relating to the tax credit. Changes include the following: 1. References to tax credits for cultural and entertainment districts are removed. This portion of the program was repealed in 2017. 2. Portions of the rules relating to the responsibilities of the Iowa Department of Revenue (IDR) and the State Historic Preservation Office (SHPO) of the Department of Cultural Affairs in administering the program are removed. These aspects of the program are addressed in each of those agencies’ rules, including rules regarding transfers of tax credits and refundability. Refundability of the tax credits was impacted by 2022 Iowa Acts, House File 2317. 3. Beginning January 1, 2023, only expenditures made in the five years prior to an initial application for the tax credit will be qualified rehabilitation expenditures. 4. IEDA will extend the deadline for submitting a Part 3 application under extenuating circumstances. 5. Other corrective and clarifying changes are made. The proposed amendments have been reviewed by representatives of IDR and SHPO as well as developers who utilize the program.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition IEDA for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199.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 IEDA no later than 4:30 p.m. on October 11, 2022. Comments should be directed to:Lisa Connell Iowa Economic Development Authority 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Phone: 515.348.6163 Email: lisa.connell@iowaeda.comPublic 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 261—Chapter 49, title, as follows:HISTORIC PRESERVATION AND CULTURAL AND ENTERTAINMENT DISTRICT TAX CREDITSCREDIT ITEM 2. Amend rule 261—49.1(303,404A) as follows:261—49.1(303,404A) Purpose. A historic preservation and cultural and entertainment district tax credit may be applied against the income tax imposed under Iowa Code chapter 422, division II, III, or V, or Iowa Code chapter 432 for qualified rehabilitation projects that have entered into and complied with an agreement with the economic development authority (hereinafter referred to as “the authority”) and complied with all applicable terms, laws, and rules. ThePursuant to Iowa Code chapters 303 and 404A, the historic preservation tax credit program is administered by the authority with the assistance of the department of cultural affairs and the department of revenue. The general assembly has mandated that the authority, the department of cultural affairs and the department of revenue adopt rules to jointly administer Iowa Code chapter 404A. In general, the department of cultural affairs reviews historic preservation issues and evaluates whether projects comply with the prescribed historic standards for rehabilitation. Once the historical significance and description of rehabilitation have been approved, the authority enters into an agreement with the eligible taxpayer and issues a tax credit upon completion of all program requirements and verification of qualified rehabilitation expenditures. The department of revenue is responsible for administering tax credit transfers and processing tax credit claims. This chapter sets forth the administration of the program by the authority. The administrative rules for the department of cultural affairs’ administration of the program can be found in rules 223—48.22(404A) through 223—48.37(303,404A)223—Chapter 48. The administrative rules for the department of revenue’s administration of the program may be found in rules 701—42.19(404A), 701—42.55(404A,422), 701—52.48(404A,422), and 701—58.10(404A,422). ITEM 3. Amend rule 261—49.2(404A) as follows:261—49.2(404A) Program transitionand applicability. The 2016 general assembly made several changes to the historic tax credit program, including transferring the primary responsibility for the program’s administration to the authority in consultation with the department of cultural affairs. For projects registered prior to August 15, 2016, the program is administered by the department of cultural affairs and the department of revenue pursuant to the statutes and rules that apply to projects registered prior to August 15, 2016. On or after August 15, 2016, the program is administered by the economic development authority in consultation with the department of cultural affairs pursuant to Iowa Code chapter 404A. Chapter 49 applies to projects that are registered on or after August 15, 2016. ITEM 4. Amend rule 261—49.3(404A) as follows:261—49.3(404A) Definitions. The definitions listed in rules 223—1.2(17A,303) and 223—35.2(303) shall apply to terms as they are used throughout this chapter. In addition, forFor purposes of this chapter, unless the context otherwise requires: "Agreement" means an agreement between an eligible taxpayer and the authority concerning a qualified rehabilitation project as provided in Iowa Code section 404A.3(3) and rule 261—49.14(404A)261—49.12(404A). "Applicant" means an eligible taxpayer described in rule 261—49.9(404A). "Assessed value" means the value of the eligible property on the most current property tax assessment at the time that the relevant application or agreement is submitted or the agreement is signed, as applicable. "Authority" means the economic development authority. "Authority’s website" means the information and related content found at www.iowaeda.com and may include integrated content at affiliate sites. "Barn" means an agricultural building or structure, in whatever shape or design, which was originally used for the storage of farm products or feed or for the housing of farm animals, poultry, or farm equipment. "Certificate" means a historic preservation and cultural and entertainment district tax credit certificate issued pursuant to Iowa Code section 404A.3(5). "Commencement date" means the date set forth in the agreement, which date shall not be later than the end of the fiscal year in which the agreement is entered intoby which the qualified rehabilitation project must begin. "Commercial property" means property classified as commercial, industrial, railroad, utility, or multiresidentialresidential for property tax purposes under rules 701—71.1(405,427A,428,441,499B), 701—76.1(434), and 701—77.1(428,433,437,438).“Commercial property” does not include property classified as residential property under 701—subparagraph 71.1(4)“c”(1). "Completion date" means the date on which property that is the subject of a qualified rehabilitation project is placed in service, as that term is used in Section 47 of the Internal Revenue Code. "Department" means the department of cultural affairs. "Director" means the director of the economic development authority. "Eligible taxpayer" means the fee simple owner of the property that is the subject of a qualified rehabilitation project, or another person who will qualify for the federal rehabilitation credit allowed under Section 47 of the Internal Revenue Code with respect to the property that is the subject of a qualified rehabilitation project. "Federal rehabilitation credit" "federal credit" means the tax credit allowed under Section 47 of the Internal Revenue Code. "Federal standards" means the U.S. Secretary of the Interior’s standards for rehabilitation set forth in 36 CFR Section 67.7. "Government funding" "funding originating from a government" includes but is not limited to:- Any funding the applicant received from afederal, state, or local government; or
- Funding from a third party or a series of third parties where those funds originally came from a government or were derived from a government payment, grant, loan, tax credit or rebate or other government incentive; or
- Funding from a third party or a series of third parties where those funds are derived from, secured by, or otherwise received in anticipation of a government payment, grant, loan, tax credit or rebate or other government incentive.
- Property listed on the National Register of Historic Places or eligible for such listing.
- Property designated as contributing to a district listed in the National Register of Historic Places or eligible for such designation.
- Property or district designated a local landmark by a city or county ordinance.
- A barn constructed prior to 1937.
- The property is historically significant as defined in this rule.
- The property meets the federal standards as defined in this rule.
- The project is a substantial rehabilitation as defined in this rule.
- In the case of commercial property, costs totaling at least 50 percent of the assessed value of the property, excluding the land, prior to the rehabilitation or at least $50,000, whichever is less; or
- In the case of noncommercial property, costs totaling at least $25,000 or 25 percent of the assessed value, excluding the land, prior to rehabilitation, whichever is less.
- Owns, controls, or has the power to vote 50 percent or more of any class of voting securities or voting membership interests of another person.
- Controls, in any manner, the election of a majority of the directors, managers, trustees, or other persons exercising similar functions of another person.
- Has the power to exercise a controlling influence over the management or policies of another person.
- An owner, member, shareholder, or partner of the eligible taxpayer who directly or indirectly owns and controls, in whole or in part, the eligible taxpayer.
- A director, officer, or employee of the eligible taxpayer.
- A relative of the eligible taxpayer or a person listed in paragraph “1” or “2” of this subparagraph or, if the eligible taxpayer or an owner, member, shareholder, or partner of the eligible taxpayer is a legal entity, the natural persons who ultimately own such legal entity.
- A person who is owned or controlled, in whole or in part, by a person listed in paragraph “1” or “2” of this subparagraph.
Proposing rule making related to Iowa comprehensive plan and providing an opportunity for public comment
The Homeland Security and Emergency Management Department hereby proposes to amend Chapter 9, “Iowa Comprehensive Plan,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 29C.8.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 29C.8.Purpose and Summary This proposed rule making updates antiquated terminology within the rules related to the Iowa Comprehensive Emergency Plan and makes changes to reflect current internal processes.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.Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on October 11, 2022. Comments should be directed to:Blake DeRouchey Department of Homeland Security and Emergency Management 7900 Hickman Road, Suite 500 Windsor Heights, Iowa 50324 Phone: 515.323.4232 Email: blake.derouchey@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 605—9.1(29C) as follows:605—9.1(29C) Description. Iowa Code section 29C.8 requires the director of the homeland security and emergency management department to prepare a comprehensive plan for homeland security, disaster response, recovery, mitigation, and emergency resource management for the state. This comprehensive plan is comprised of the following parts:- Part A: Iowa Emergency Response Plan.
- Part B: Iowa Hazard Mitigation Plan.
- Part C: Iowa Disaster Recovery Plan.
- Part D: Iowa Critical Asset Protection Plan (confidential per Iowa Code section 22.7, Confidential records).
- Adigital copy of Part Athis plan will be placed inprovided to the state library located in the Ola Babcock Miller Building, 1112 East Grand Avenue, Des Moines, Iowa.
- Part AThis plan shall be distributed to state agencies and departments that have been assigned emergency functions and to all local emergency management agencies.
- The Iowa Emergency Response Plan serves as the state disaster emergency response document.
- The department updates the plan by amendments promulgated by rule in accordance with Iowa Code chapter 17A and distributes amendments to all plan holders on the department distribution list.
- 5Part AThis plan shall be available for public view at the Homeland Security and Emergency Management Department, 7900 Hickman Road, Suite 500, Windsor Heights, Iowa.
- Adigital copy of Part Bthis plan will be placed inprovided to the state library located in the Ola Babcock Miller Building, 1112 East Grand Avenue, Des Moines, Iowa.
- Part BThis plan shall be distributed to state agencies and departments that have participated in the writing of the plan or are assigned hazard mitigation functions and to all local emergency management agencies.
- The Iowa Hazard Mitigation Plan serves as the state hazard mitigation document and demonstrates the state’s commitment to reduce risks from natural, technological, and human-caused hazards and serves as a guide for the commitment of resources to reducing the effects of natural, technological, and human-caused hazards.
- The department updates the plan by amendments promulgated by rule in accordance with Iowa Code chapter 17A and distributes amendments to all plan holders on the department distribution list. Part BIowa Hazard Mitigation Plan shall be reviewed and amended as appropriate at a minimum of every five years.
- Part BThis plan shall be available for public view at the Homeland Security and Emergency Management Department, 7900 Hickman Road, Suite 500, Windsor Heights, Iowa.
- Adigital copy of Part Cthis plan will be placed inprovided to the state library located in the Ola Babcock Miller Building, 1112 East Grand Avenue, Des Moines, Iowa.
- Part CThis plan shall be distributed to state agencies and departments that have been assigned recovery functions and to all local emergency management agencies.
- The Iowa Disaster Recovery Plan serves as the state disaster recovery document.
- The department updates the plan by amendments promulgated by rule in accordance with Iowa Code chapter 17A and distributes amendments to all plan holders on the department distribution list. Part C shall be reviewed and amended as appropriate at a minimum of every five years.
- 5Part CThis plan shall be available for public view at the Homeland Security and Emergency Management Department, 7900 Hickman Road, Suite 500, Windsor Heights, Iowa.
Proposing rule making related to 911 telephone systems and providing an opportunity for public comment
The Homeland Security and Emergency Management Department hereby proposes to amend Chapter 10, “ 911 Telephone Systems,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 34A.22.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 34A.Purpose and Summary Primarily, this proposed rule making updates terminology and modernizes technical language as part of the Department’s five-year rules review.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.Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on October 11, 2022. Comments should be directed to: Blake DeRouchey Department of Homeland Security and Emergency Management 7900 Hickman Road, Suite 500 Windsor Heights, Iowa 50324 Phone: 515.323.4232 Email: blake.derouchey@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 rule 605—10.2(34A) as follows:605—10.2(34A) Definitions. As used in this chapter, unless context otherwise requires: "Access line" means an exchange access line that has the ability to access dial tone and reach a public safety answering point. "Automatic location identification (ALI)" "ALI" means a system capability that enables an automatic display of information defining a geographical location of the telephone used to place the 911 call. "Automatic number identification (ANI)" "ANI" means a capability that enables the automatic display of the number of the telephone used to place the 911 call. "Call attendant" means the person who initially answers a 911 call. "Call detail recording" means a means of establishing chronological and operational accountability for each 911 call processed, consisting minimally of the caller’s telephone number, the date and time the 911 telephone equipment established initial connection (trunk seizure), the time the call was answered, the time the call was transferred (if applicable), the time the call was disconnected, the trunk line used, and the identity of the call attendant’spublic safety telecommunicator’s position, also known as an ANI printout. "Call relay method" means the 911 call is answered at the PSAP, where the pertinent information is gathered, and the call attendant relays the caller’s information to the appropriate public or private safety agency for further action. "Call transfer method" means the call attendant determines the appropriate responding agency and transfers the 911 caller to that agency. "Central office (CO)" "CO" means a telephone company facility that houses the switching and trunking equipment serving telephones in a defined area. "Coin-free access (CFA)" "CFA" means coin-free dialing or no-coin dial tone which enables a caller to dial 911 or “0” for operator without depositing money or incurring a charge. "Communications service" means a service capable of accessing, connecting with, or interfacing with a 911 system by dialing, initializing, or otherwise activating the system exclusively through the digits 911 by means of a local telephone device, wireless communications device or any other device capable of interfacing with the 911 system. "Competitive local exchange service provider" means the same as defined in Iowa Code section 476.9634A.2. "Conference transfer" means the capability of transferring a 911 call to the action agency and allowing the call attendant to monitor or participate in the call after it has been transferred to the action agency. "Direct dispatch method" means 911 call answering and radio-dispatching functions, for a particular agency, are both performed at the PSAP. "Director," unless otherwise noted, means the director of the homeland security and emergency management department. "Emergency call" means a telephone request or text message request for service which requires immediate action to prevent loss of life, reduce bodily injury, prevent or reduce loss of property and respond to other emergency situations determined by local policy. "Emergency communications service surcharge" means a charge established by the program manager in accordance with Iowa Code section 34A.7A. "Emergency services internet protocol network" "ESInet" means a system using broadband packet-switched technology that is capable of supporting the transmission of varying types of data to be shared by all public and private safety agencies that are involved in an emergency. "Enhanced 911 (E911)" "E911" means the general term referring to emergency telephone systems with specific electronically controlled features, such as ALI, ANI, and selective routing. "Enhanced 911 (E911) operating authority" means the public entityat the state or local level, which operates an E911a 911 telephone system for the public benefit, within a defined enhanced 911 service area. "Enhanced wireless 911 service, phase I" means an emergency wireless telephone system with specific electronically controlled features such as ANI, specific indication of wireless communications tower site location, selective routing by geographic location of the tower site. "Enhanced wireless 911 service, phase II" means an emergency wireless telephone system with specific electronically controlled features such as ANI and ALI and selective routing by geographic location of the 911 caller. "Entry point" means the demarcation point(s), as designated by the 911 program manager, where originating service providers must deliver their 911 traffic for ingress into the state’s next generation 911 network. "Exchange" means a defined geographic area served by one or more central offices in which the telephone company furnishes services. "Geographic information system" "GIS" means a system designed to capture, store, manipulate, analyze, manage, and present spatial or geographical data. "Implementation" means the activity between formal approval of an E911 service plan and a given system design, and commencement of operations. "Joint 911 service board" means those entities that are created under the provisions of Iowa Code section 34A.3, which include the legal entities created pursuant to Iowa Code chapter 28E referenced in Iowa Code subsectionsection 34A.3(3), and that operate a 911 telephone system for the public benefit within a defined 911 service area. "Local exchange carrier" means the same as defined in Iowa Code section 476.9634A.2. "Multi-line telephone system" "MLTS" means a system comprised of common control units, telephone sets, control hardware and software and adjunct systems, including network and premises-based systems, such as Centrex and VoIP, as well as PBX, Hybrid, and Key Telephone Systems and includes systems owned or leased by governmental agencies and nonprofit entities, as well as for-profit businesses. "Next generation 911 network" means an internet protocol-enabled system that enables the public to transmit digital information to public safety answering points and is responsible for the delivery of all 911 messages within the state. “Next generation 911 network” replaces enhanced 911 and includes but is not limited to 911 voice and nonvoice messages generated by originating service providers, ESInet, GIS, cybersecurity, and other system components. "Next generation 911 network service provider" means a vendor or vendors selected by the department to provide next generation 911 network functionality. "911 call" means any telephone call that is made by dialing the digits 911. "911 call processing equipment" means equipment owned by the department that functions in a host remote environment, provides 911 call processing functionality to public safety answering points, and utilizes the next generation 911 network. “911 call processing equipment” includes but is not limited to computer aided dispatch, voice logging recorders, mapping, and emergency medical dispatch. "911 call processing equipment provider" means a vendor or vendors selected by the department to provide 911 call processing equipment. "911 call transport provider" means a vendor or vendors selected by the department to deliver aggregated wireline 911 call traffic to the next generation 911 network and from the next generation 911 network to public safety answering points. "911 communications council" means the council as established under the provisions of Iowa Code section 34A.15. "911 program manager" means that person appointed by the director of the homeland security and emergency management department, and working with the 911 communications council, to perform the duties specifically set forth in Iowa Code chapter 34A and this chapter. "911 service area" means the geographic area encompassing at least one entire county, and which may encompass a geographical area outside the one entire county not restricted to county boundaries, serviced or to be serviced under a 911 service plan. "911 service plan" means a plan, produced by a joint 911 service board, which includes the information required by Iowa Code subsectionsection 34A.2(2) as amended by 2018 Iowa Acts, House File 2254, section 2. "911 system" means a telephone system that automatically connects a caller, dialing the digits 911, to a PSAP. "Nonrecurring costs" means one-time charges incurred by a joint E911 service board or operating911 authority including, but not limited to, expenditures for E911 service plan preparation, capital outlay, communications equipment to receive and dispatch emergency calls, installation, and initial license to use subscriber names, addresses and telephone information. "One-button transfer" means another term for a (fixed) transfer which allows the call attendant to transfer an incoming call by pressing a single button. For example, one button would transfer voice and data to a fire agency, and another button would be used for police, also known as “selective transfer.” "Originating service provider" means a communications provider that allows its users or subscribers to originate 911 voice or nonvoice messages from the public to public safety answering points, including but not limited to wireline, wireless, and voice over internet protocol services. "Political subdivision" means a geographic or territorial division of the state that would have the following characteristics: defined geographic area, responsibilities for certain functions of local government, public elections and public officers, and taxing power. Excluded from this definition are departments and divisions of state government and agencies of the federal government. "Prepaid wireless telecommunications service" means a wireless communications service that provides the right to utilize mobile wireless service as well as other nontelecommunications services, including the download of digital products delivered electronically, content and ancillary services, which must be paid for in advance, and that is sold in predetermined units or dollars of which the amount declines with use in a known amount. "Provider" means a person, company or other business that provides, or offers to provide, 911 equipment, installation, maintenance, or access services. "Public or private safety agency" means a unit of state or local government, a special purpose district, or a private firm, which provides or has the authority to provide firefighting, police, ambulance, emergency medical services or hazardous materials response. "Public safety answering point (PSAP)" "PSAP" means a 24-hour, state, local, or contracted communications facility, which has been designated by the local service board to receive 911 service calls and dispatch emergency response services in accordance with the E911 service plan. "Public safety telecommunicator" "telecommunicator" means the same as defined in Iowa Code section 80B.11C "Public switched telephone network" means a complex of diversified channels and equipment that automatically routes communications between the calling person and called person or data equipment. "Recurring costs" means repetitive charges incurred by a joint E911 service board or operating911 authority including, but not limited to, personnel time directly associated with database management and personnel time directly associated with addressing, lease of access lines, lease of equipment, network access fees, communications equipment to receive and dispatch emergency calls, and applicable maintenance costs. "Selective routing (SR)" "SR" means a 911 system feature that enables all 911 calls originating from within a defined geographical region to be answered at a predesignated PSAP. "Subscriber" means any person, firm, association, corporation, agencies of federal, state and local government, or other legal entity responsible by law for payment for communication service from the telephone utility. "Tariff" means a document filed by a telephone company with the state telephone utility regulatory commission which lists the communication services offered by the company and gives a schedule for rates and charges. "Telecommunications device for the deaf (TDD)" "TDD" means any type of instrument, such as a typewriter keyboard connected to the caller’s telephone and involving special equipment at the PSAP which allows an emergency call to be made without speaking, also known as a TTY. "Telematics" means a vehicle-based mobile data application which can automatically call for assistance if the vehicle is in an accident. "Trunk" means a circuit used for connecting a subscriber to the public switched telephone network. "Voice over internet protocol service" means a service to which all of the following apply:- The service provides real-time, two-way voice communications transmitted using internet protocol or a successor protocol.
- The service is offered to the public, or such classes of users as to be effectively available to the public.
- The service has the capability to originate traffic to, and terminate traffic from, the public switched telephone network or a successor network.
Proposing rule making related to radiological detection equipment and providing an opportunity for public comment
The Homeland Security and Emergency Management Department hereby proposes to rescind Chapter 11, “Repair, Calibration, and Maintenance of Radiological Monitoring, Detection, and Survey Equipment,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 29C.8.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 23A.2 and 29C.8.Purpose and Summary This proposed rule making rescinds Chapter 11, which relates to a function no longer performed by the Department. It also reserves Chapter 11 for future use.Fiscal Impact The Department received a small amount of fees for the calibration of radiological detection equipment. It was determined that this function was no longer sustainable within the Department, and the function was transferred to Iowa State University.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. Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on October 11, 2022. Comments should be directed to: Blake DeRouchey Department of Homeland Security and Emergency Management 7900 Hickman Road, Suite 500 Windsor Heights, Iowa 50324 Phone: 515.323.4232 Email: blake.derouchey@iowa.gov Public Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Rescind and reserve 605—Chapter 11.ARC 6534CHomeland Security and Emergency Management Department[605]Notice of Intended ActionProposing rule making related to mass notification and emergency messaging system and providing an opportunity for public comment
The Homeland Security and Emergency Management Department hereby proposes to amend Chapter 15, “Mass Notification and Emergency Messaging System,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 29C.17A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 29C.17A.Purpose and Summary This proposed rule making updates rules related to the Mass Notification and Emergency Messaging System to reflect current practices. The need to amend the procedures was discovered through the Department’s five-year rules review.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.Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on October 11, 2022. Comments should be directed to:Blake DeRouchey Department of Homeland Security and Emergency Management 7900 Hickman Road, Suite 500 Windsor Heights, Iowa 50324 Phone: 515.323.4232 Email: blake.derouchey@iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend subrule 15.3(1), introductory paragraph, as follows: 15.3(1) A state agency or commission may apply to the department for access to the system for use by state, county and local officials. The application is available on the department’s Web site at www.homelandsecurity.iowa.gov. The application shall contain the following: ITEM 2. Rescind subrule 15.4(3). ITEM 3. Renumber subrules 15.4(4) and 15.4(5) as 15.4(3) and 15.4(4). ITEM 4. Amend renumbered subrule 15.4(4) as follows: 15.4(4) The department has developed an operational plan and procedures template to be used by all state agencies and commissions making application to access the system. All operational plans and procedures developed by the state agencies or commissions and submitted for approval shall substantially conform to this template. This template is available on the department’s Web site at www.homelandsecurity.iowa.gov.ARC 6526CHomeland Security and Emergency Management Department[605]Notice of Intended ActionProposing rule making related to required report submissions and providing an opportunity for public comment
The Homeland Security and Emergency Management Department hereby proposes to amend Chapter 104, “Required Reports and Records,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 30.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 30.2.Purpose and Summary This proposed rule making updates the address for submission of the reports required under the Emergency Planning and Community Right-to-Know Act. Updates to the implementation sentences for rules 605—104.1(30) and 605—104.2(30) are also proposed in order to update references to obsolete Iowa Code sections.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.Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on October 11, 2022. Comments should be directed to:Blake DeRouchey Department of Homeland Security and Emergency Management 7900 Hickman Road, Suite 500 Windsor Heights, Iowa 50324 Phone: 515.323.4232 Email: blake.derouchey@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 605—104.1(30), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 30.5 and 30.9section 30.2. ITEM 2. Amend subrule 104.2(5) as follows: 104.2(5) Submissions. Written notifications and reports required under this rule shall be submitted to the Department of Natural Resources, 7900 Hickman Road, Suite 200, Windsor Heights, Iowa 50324EPCRA, 502 East 9th Street, Des Moines, Iowa 50319. For additionalAdditional information, seecan be found in rule 567—131.2(455B). ITEM 3. Amend rule 605—104.2(30), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 30.5 and 30.830.2 and 30.4.ARC 6529CHuman 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 85, “Services in Psychiatric Institutions,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 249A.4.Purpose and Summary Chapter 85 was reviewed as part of the Department’s five-year rules review. As part of this review, federal code references and cross-references to other Department chapters are proposed to be updated. Obsolete form names are proposed to be removed from the rules. The locations of the state mental health institutes are proposed to be updated. 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 October 11, 2022. Comments should be directed to: Nancy Freudenberg Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: appeals@dhs.state.ia.us Public Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend subparagraph 85.1(1)"a" as follows: (5) Is under the jurisdiction of the division of behavioral, developmental, and protective services for families, adults, and children of the department. ITEM 2. Amend rule 441—85.2(249A) as follows:441—85.2(249A) Out-of-state placement. Placement in an out-of-state psychiatric hospital for acute care requires prior approval by the bureau of managed care and clinical services and shall be approved only if special services are not available in Iowa facilities as determined by the division of behavioral, developmental, and protective services for families, adults, and children. ITEM 3. Amend subrule 85.3(3) as follows: 85.3(3) Certification of need for care. For persons eligible for Medicaid prior to admission, an independent team shall certify that ambulatory care resources available in the community do not meet the treatment needs of the recipient, that proper treatment of the recipient’s psychiatric condition requires services on an inpatient basis under the direction of a physician, and that the services can reasonably be expected to improve the recipient’s condition or prevent further regression so that the services will no longer be needed. Team members are independent when they are not employees of or consultants to the facility. Form 470-2780, Certification of Need for Inpatient Psychiatric Services, may be used to document these criteria. a. For persons eligible for Medicaid prior to admission, this preadmission certification shall be performed within 45 days prior to the proposed date for admission to the facility by an independent team that includes a physician who has competence in diagnosis and treatment of mental illness, preferably in child psychiatry, and who has knowledge of the person’s situation. If a social worker is a part of the team, the social worker may be from the county office of the department of human services.The evaluation shall be submitted to the facility on or prior to the date of the patient’s admission. b. When a person makes application for Medicaid subsequent to admission or has an application in process at the time of admission, a certification by the team responsible for the plan of care shall be provided within 14 days after admission and shall cover any period prior to application for which claims are to be made. c. For emergency admissions, a certification shall be provided by the team responsible for the plan of care within 14 days after admission. ITEM 4. Amend subrule 85.3(4) as follows: 85.3(4) Financial eligibility for persons under the age of 21. To be eligible for payments for the cost of care provided by a psychiatric facility, persons under the age of 21 must be eligible under one of the coverage groups listed in rule 441—75.1(249A)441—Chapter 75. ITEM 5. Amend rule 441—85.4(249A) as follows:441—85.4(249A) Eligibility of persons aged 65 and over. To be eligible for payment for the cost of care provided by an institution for mental disease, persons must be aged 65 or over and be eligible under one of the coverage groups listed in rule 441—75.1(249A)441—Chapter 75. ITEM 6. Amend subrule 85.5(1) as follows: 85.5(1) Before July 2005. For months before July 2005, the resident shall be liable to pay client participation toward the cost of care on a monthly basis. The state will pay the balance of the cost of care for the month. The facility shall make arrangements directly with the resident for payment of client participation. Client participation is determined according to rule 441—75.16(249A)441—Chapter 75. ITEM 7. Amend paragraph 85.6(2)"a" as follows: a. A Case Activity Report, Form 470-0042, shall be submitted to the department whenever a Medicaid applicant or recipient enters the facility, changes level of care, is hospitalized in a general hospital, leaves for visitation, or is discharged from the facility. ITEM 8. Amend paragraph 85.7(1)"b" as follows: b. Allowable costs are those defined as allowable in 42 CFR, Subpart A, Sections 413.5 and 413.9, as amended to December 2, 1996June 15, 2022, and 42 CFR 447.250 as amended to September 23, 1992June 15, 2022. Only those costs are considered in calculating the Medicaid inpatient reimbursement. ITEM 9. Amend subrule 85.8(1) as follows: 85.8(1) Facility. Acute care in a psychiatric hospital is covered for persons aged 21 through 64 only at the state mental health institutes at Cherokee, Clarinda,and Independence, and Mount Pleasant. ITEM 10. Amend subrule 85.8(2) as follows: 85.8(2) Basis of eligibility. To be eligible for payment for the cost of care provided by one of the covered facilities, a person aged 21 through 64 must be either:eligible for one of the coverage groups listed in 441—Chapter 75. a. Eligible for one of the coverage groups listed in 441—75.1(249A); or b. Eligible under the IowaCare program pursuant to 441—Chapter 92. ITEM 11. Amend subrule 85.8(4) as follows: 85.8(4) Extent of eligibility. a. While on inpatient status, a person eligible under a coverage group listed in 441—75.1(249A) is entitled to the full scope of Medicaid benefits. b. While on inpatient status, a person eligible under the IowaCare program is entitled to the services listed at 441—92.8(249A,81GA,ch167). ITEM 12. Amend subrule 85.22(3) as follows: 85.22(3) Certification for need for care. For persons eligible for Medicaid prior to admission, an independent team shall certify that ambulatory care resources available in the community do not meet the treatment needs of the recipient, that proper treatment of the recipient’s psychiatric condition requires services on an inpatient basis under the direction of a physician, and that the services can reasonably be expected to improve the recipient’s condition or prevent further regression so that the services will no longer be needed. Team members are independent when they are not employees of or consultants to the facility. Form 470-2780, Certification of Need for Inpatient Psychiatric Services, may be used to document these criteria. a. For persons determined eligible for Medicaid prior to admission, this preadmission certification shall be performed within 45 days prior to the proposed date for admission to the facility by an independent team that includes a physician who has competence in diagnosis and treatment of mental illness, preferably in child psychiatry, and who has knowledge of the person’s situation. If a social worker is a part of the team, the social worker may be from the county office of the department of human services.The evaluation shall be submitted to the facility on or prior to the date of the patient’s admission. b. When a person makes application for Medicaid subsequent to admission or has an application in process at the time of admission, a certification by the team responsible for the plan of care shall be provided within 14 days after admission and shall cover any period prior to application for which claims are to be made. c. For emergency admissions, a certification shall be provided by the team responsible for the plan of care within 14 days after admission. ITEM 13. Amend subrule 85.22(4) as follows: 85.22(4) Financial eligibility for persons under the age of 21. To be eligible for payments for the cost of care provided by psychiatric medical institutions, persons under the age of 21 shall be eligible under one of the coverage groups listed in rule 441—75.1(249A)441—Chapter 75, except medically needy. ITEM 14. Amend rule 441—85.23(249A) as follows:441—85.23(249A) Client participation. The resident’s client participation and medical payments from a third party shall be paid toward the total cost of care on a monthly basis. The state will pay the balance of the cost of care for the month. The facility shall make arrangements directly with the resident for payment of client participation. Client participation is determined according to rule 441—75.16(249A)441—Chapter 75. ITEM 15. Amend paragraph 85.24(2)"a" as follows: a. A Case Activity Report, Form 470-0042, shall be submitted to the department whenever a Medicaid applicant or recipient enters the facility, changes level of care, is hospitalized, leaves for visitation, or is discharged from the facility. ITEM 16. Amend paragraph 85.25(1)"a" as follows: a. Rates for new facilities are based on historical costs submitted on Form 470-0664, Financial and Statistical Report for Purchase of Service Contracts, if the institution is established and has the historical data. If the institution is newly established, the rate shall be based on a proposed budget submitted on Form 470-0664. A Form 470-0664 with actual cost data shall be submitted after at least six months of participation in the program for a new rate adjustment. ITEM 17. Amend rule 441—85.43(249A) as follows:441—85.43(249A) Eligibility of persons aged 65 and over. To be eligible for payment for the cost of care provided by nursing facilities for persons with mental illness, persons must be aged 65 or over and be eligible under one of the coverage groups listed in rule 441—75.1(249A)441—Chapter 75, except for medically needy. ITEM 18. Amend rule 441—85.47(249A), implementation sentence, as follows: This rule is intended to implement Iowa Code Supplement section 249A.30A.ARC 6536CHuman Services Department[441]Notice of Intended ActionProposing rule making related to foster parent training and providing an opportunity for public comment
The Human Services Department hereby proposes to amend Chapter 117, “Foster Parent Training,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed 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 117 were reviewed as part of the Department’s five-year rules review. This proposed rule making reduces the minimum number of persons required to be in a group for preservice foster parent training. Each foster parent is required to complete preservice training before licensure. Before a foster parent is licensed, the individual must complete a variety of agency-approved training courses that teach foster parents how to support a child’s overall well-being and emotional needs. This proposed rule making allows in-service training to be provided either face-to-face or through interactive virtual training when provided to a group or an individual foster family. The proposed rule making requires foster parents to be certified in first aid every two years instead of every three years as currently required. The requirement to complete the course “Caring for Children with HIV” or an approved alternative course that contains information on the unique aspects of pediatric HIV disease, transmission and infection control, the spectrum of HIV disease, confidentiality, death and bereavement, and self-care for the caregiver is proposed to be rescinded because communicable diseases are covered by other trainings. This rule making also adds a requirement that the Department’s recruitment and retention contractor be notified if a foster parent elects not to receive a training stipend.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 October 11, 2022. Comments should be directed to:Nancy Freudenberg Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: appeals@dhs.state.ia.usPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend paragraph 117.1(2)"d" as follows: d. Group method.The program shall be provided in groups that consist of sixthree or more persons. The training shall be offered to a foster family individually only when the foster family is unable to attend group training for reasons such as serious medical conditions, as approved by the social work administrator or designee. ITEM 2. Amend subrule 117.1(4) as follows: 117.1(4) Additional preservice training. Before licensure, each foster parent shall complete training in an agency-approved medication management course, cardiopulmonary resuscitation (CPR), first aid, the reasonable and prudent parent standard, and the mandatory reporter training on child abuse identification.Training shall also be completed that teaches foster parents how to support a child’s overall well-being and emotional needs. ITEM 3. Amend rule 441—117.3(237), introductory paragraph, as follows:441—117.3(237) Application materials for in-service training. Applications for approval of an in-service training program shall be submitted on Form 470-2541, Foster Parent Training Application, and must be approved before the delivery of the training. Applications submitted after a training is completed shall not be approved. ITEM 4. Amend subrule 117.5(3) as follows: 117.5(3) Denial. Preservice training programs which do not meet the requirements in rules 441—117.1(237), 441—117.3(237), and 441—117.4(237) and in-service training programs which do not meet the criteria in rules 441—117.3(237), 441—117.4(237) and 441—117.7(237) shall be denied approval. The applicant may submit a revised program for approval at a later date. ITEM 5. Amend rule 441—117.7(237), introductory paragraph, as follows:441—117.7(237) Required in-service training. At least six hours of in-service training are required to assist foster parents in confidently and effectively addressing the needs of children placed in foster care. The Foster Parent Training Plan, Form 470-3341, shall be used to address in-service training needs. The training plan shall be developed with the department or retention and recruitment contractor and the foster parent annually. ITEM 6. Amend subparagraphs 117.7(2)"b" and 117.7(2)"b" as follows: (1) Face-to-faceor interactive virtual training to a group. (2) Face-to-faceor interactive virtual training to an individual foster family. ITEM 7. Amend paragraph 117.7(2)"c" as follows: c. Credit hours.Credit hours for approved training shall be as follows: (1) Group training shall receive one credit hour for each face-to-faceor interactive virtual contact hour. (2) Written materials shall receive one credit hour for each 100 pages. (3) DVDs or videotapes shall receive one credit hour for each two program hours. (4) College courses shall receive one credit hour for each college credit hour. (5) Internet training classes shall receive one credit hour for each program hour. A maximum of three hours of training credit per year may be earned through the Web sitewebsite www.fosterparents.com. ITEM 8. Amend paragraph 117.7(3)"c" as follows: c. Documentation.Each individual foster parent shall submit Form 470-2540, Foster Parent Training Report, to the recruitment and retention contractor within 30 days after completion of each in-service training. ITEM 9. Amend subrule 117.8(2) as follows: 117.8(2) First aid. All foster parents shall be certified in first aid at least every threetwo years and shall maintain their first-aid certification and a certificate or card indicating the date of training and expiration. ITEM 10. Rescind subrule 117.8(4). ITEM 11. Amend subrule 117.9(1) as follows: 117.9(1) Training stipend. Each family that is issued an initial or renewal foster family home license shall receive a $100 stipend to be used for the family’s annual in-service training. The department’s recruitment and retention contractor shall issue one stipend per license on or after the date that the license is issued. When a family with a two-year foster family home license has completed the first training cycle of six hours of in-service training, the contractor shall issue the next training stipend no earlier than the start of the second year of licensure contingent upon the foster family’s completion of the in-service training hours in the first cycle. Foster families who elect not to receive the $100 stipend shall notify the departmentand the contractor.ARC 6530CHuman 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 133, “IV-A Emergency Assistance Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 234.6 and 235.3.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 234.6 and 235.3.Purpose and Summary This chapter was reviewed as part of the Department’s five-year rules review. The definition of “child” is proposed to be updated to match the Temporary Assistance for Needy Families (TANF) definition of “child.” The definition of “emergency assistance” is proposed to be revised to remove tracking, monitoring, and outreach services from the list of possible services that may be provided in response to a IV-A emergency assistance application. Tracking, monitoring, and outreach services are also proposed to be removed from the list of services for which an applicant must have a need to be eligible for emergency assistance. The rule that authorized tracking, monitoring, and outreach services (441—151.33(232)) was rescinded effective May 1, 2016. The list of specified relatives a child must be living with or have lived with in the past six months is proposed to be expanded to match current policy. A reference to the food assistance program is proposed to be updated to the Supplemental Nutrition Assistance Program (SNAP) to reflect a change to the name of the program.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the 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 October 11, 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—133.1(235), definitions of “Child” and “Emergency assistance,” as follows: "Child" means a person under 18 years of age.or a person 18 or 19 years of age who meets any of the following conditions:- Is in full-time attendance at an accredited school pursuing a course of study leading to a high school diploma,
- Is attending an instructional program leading to a high school equivalency diploma, or
- Has been identified by the director of special education of an area education agency as a child requiring special education as defined in Iowa Code section 256B.2(1)“a.”
- Family-centered services as set forth in 441—Chapter 172.
- Shelter care as set forth in 441—Chapters 156 and 202, except for placements of less than 48 hours.
- Protective child care as set forth in 441—Chapter 170.
- Tracking, monitoring, and outreach as set forth in 441—Chapter 151, Division III.
Proposing rule making related to the in-home health-related care program and providing an opportunity for public comment
The Human Services Department hereby proposes to amend Chapter 177, “In-Home Health-Related Care,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 249.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 249.Purpose and Summary This chapter was reviewed as part of the Department’s five-year rules review. Currently the In-Home Health-Related Care (IHHRC) program requires a registered nurse to provide supervision of a client’s care plan in order for the client to receive services. Over the past several years, the Department has experienced more nursing agencies opting out of providing supervision services for this program. Several counties have no nursing agencies willing to provide the supervision necessary for the program services. This results in individuals being enrolled in the program with physicians having to provide supervision, which is an unreasonable expectation, or individuals being enrolled in the program without a supervising practitioner, which requires an exception to the administrative rule. Medicaid programs providing similar services under the home- and community-based programs do not require a supervising practitioner when the service being provided is considered unskilled or is for personal care services. These proposed amendments remove the requirement of nursing supervision for unskilled personal care services and maintain the requirement of nursing supervision for skilled services. Proposed amendments also identify how the program is implemented from the application process through termination, if termination is necessary.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 October 11, 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—177.1(249) as follows:441—177.1(249) In-home health-related care. In-home health-related care is a program ofdesigned to provide nursing care in an individual’s own home, as defined in rule 441—177.2(249), to provide personal services to an individual because such individual’s state ofwhose physical, developmental, or mental health prevents independent self-care. ITEM 2. Amend rule 441—177.2(249) as follows:441—177.2(249) Own homeDefinitions. Own home means an individual’s house, apartment, or other living arrangement intended for single or family residential use. "Client participation" has the meaning assigned to it in rule 441—177.10(249). "Nursing care" includes skilled services and personal care services. "Own home" means an individual’s house, apartment, or other living arrangement intended for single or family residential use. "Personal care services" includes:- Services that assist a client with the activities of daily living, such as, but not limited to, helping the client with bathing, toileting, getting in and out of bed, ambulation, hair care, oral hygiene and administering medications that are physician-ordered but ordinarily self-administered.
- Services that help or retrain the client in necessary skills for daily living.
- Incidental household services that are essential to the client’s health care at home and are necessary to prevent or postpone institutionalization.
Proposing rule making related to the updated 2023 9% qualified allocation plan and providing an opportunity for public comment
The Iowa Finance Authority hereby proposes to amend Chapter 12, “Low-Income Housing Tax Credits,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 16.5.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 16.35.Purpose and Summary The updated 2023 9% Qualified Allocation Plan (9% QAP) sets forth the purposes of the plan, administrative information required for participation, threshold criteria, selection criteria, post-reservation requirements, the appeal process, and compliance monitoring. The plan also establishes the fees for filing an application for low-income housing tax credits and for compliance monitoring. Copies of the QAP are available upon request from the Authority and are available electronically on the Authority’s website at www.iowafinance.com. It is the Authority’s intent to incorporate the updated 2023 QAP by reference consistent with Iowa Code chapter 17A and 265—subrules 17.4(2) and 17.12(2).Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, the impact on jobs is expected to be consistent with the impact of previous years’ QAPs. The Low-Income Housing Tax Credit Program has had a substantial positive impact on employment in Iowa, creating many jobs annually in the construction, finance, and property management fields, among others.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 265—Chapter 18.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 Authority no later than 4:30 p.m. on October 11, 2022. Comments should be directed to:Kristin Hanks-Bents Iowa Finance Authority 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Phone: 515.452.0404 Email: kristin.hanks-bents@iowafinance.comPublic 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 12.1(2) as follows: 12.1(2) Nine percent qualified allocation plan. The qualified allocation plan titled Iowa Finance Authority Low-Income Housing Tax Credit Program 2020-212023 9% Qualified Allocation Plan (“9% QAP”) shall be the qualified allocation plan for the allocation of 9 percent low-income housing tax credits awarded in 2020, consistent with IRC Section 42 and the applicable Treasury regulations and Iowa Code section 16.35. The qualified allocation plan titled Iowa Finance Authority Low-Income Housing Tax Credit Program 2020-21 First Amended 9% Qualified Allocation Plan (“first amended 9% QAP”) shall be the qualified allocation plan for the allocation of 9 percent low-income housing tax credits awarded in 2021, consistent with IRC Section 42 and the applicable Treasury regulations and Iowa Code section 16.35. The 9% QAP and the first amended 9% QAP areis incorporated by reference pursuant to Iowa Code section 17A.6 and 265—subrules 17.4(2) and 17.12(2). The 9% QAP does not include any amendments or editions created subsequent to November 6, 2019August 31, 2022. The first amended 9% QAP does not include any amendments or editions created subsequent to February 3, 2021. ITEM 2. Amend subrule 12.2(2) as follows: 12.2(2) 9% QAP. The 9% QAP and the first amended 9% QAP can be reviewed and copied in theirits entirety on the authority’s website at www.iowafinance.com. Copies of the 9% QAP and the first amended 9% QAP, the application, and all related attachments and exhibits shall be deposited with the administrative rules coordinator and at the state law library and shall be available on the authority’s website. The 9% QAP incorporates by reference IRC Section 42 and the regulations in effect as of November 6, 2019August 31, 2022. The first amended 9% QAP incorporates by reference IRC Section 42 and the regulations in effect as of February 3, 2021. Additionally, both the 9% QAP and the first amended 9% QAP incorporateincorporates by reference Iowa Code section 16.35. These documents are available from the state law library, and information about these statutes, regulations and rules is on the authority’s website.ARC 6540CIowa Public Information Board[497]Notice of Intended ActionProposing rule making related to five-year rules review and providing an opportunity for public comment
The Iowa Public Information Board (IPIB) hereby proposes to amend Chapter 2, “Complaint Investigation and Resolution Procedures,” and Chapter 4, “Contested Cases,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 23.6(2).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 23.Purpose and Summary This proposed rule making reflects changes related to the IPIB five-year rules review and removes inapplicable rules.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition IPIB for a waiver of the discretionary provisions, if any, pursuant to 497—Chapter 9.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 IPIB no later than 4:30 p.m. on October 11, 2022. Comments should be directed to: Margaret Johnson Iowa Public Information Board Wallace State Office Building 502 East 9th Street, Third Floor Des Moines, Iowa 50319 Phone: 515.725.1783 Fax: 515.725.1789 Email: margaret.johnson@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 subrule 2.1(6). ITEM 2. Rescind and reserve rule 497—4.17(17A).ARC 6541CLabor Services Division[875]Notice of Intended ActionProposing rule making related to boiler and pressure vessel codes and providing an opportunity for public comment
The Boiler and Pressure Vessel Board hereby proposes to amend Chapter 91, “General Requirements for All Objects,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 89.14(5).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 89.Purpose and Summary This proposed rule making will update and clarify the rules and also adopt by reference the most recent version of national consensus codes pertaining to boilers and pressure vessels. The proposed rule making adopts CSD-1 (2021), which was adopted by the American National Standards Institute on September 21, 2021. The updates in CSD-1 are mostly editorial or clarifications. There are several minor changes to standards for specific boilers. CSD-1 (2021) is applicable to the assembly, installation, maintenance, and operation of controls and safety devices on automatically operated boilers directly fired with gas, oil, gas-oil, or electricity.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 875—Chapter 81.Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on October 11, 2022. Comments should be directed to: Lanny Zieman Division of Labor Services 150 Des Moines Street Des Moines, Iowa 50309 Email: lanny.zieman@iwd.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 91.1(6) as follows: 91.1(6) Control and safety device code adopted by reference. Controls and Safety Devices for Automatically Fired Boilers (CSD-1) (2018)(2021) is adopted by reference, and installations after April 15, 2020December 1, 2022, shall comply with it. Reporting requirements concerning CSD-1 are set forth at rule 875—90.11(89). ITEM 2. Amend subrule 91.8(1) as follows: 91.8(1) General requirements. a. Leaky tubes shall be replaced or plugged. b. Tube plugs shall be made of a material which is compatible with the material of the boiler tube being plugged and shall be welded into place or manufactured to be expanded into the tube sheet or drum. c. All plugged boiler tubes shall be replaced prior to the next required certificate inspection. d. c. The maximum number of tubes that shallmay be plugged isshall be the lesser of the number specified by the OEM or the number specified by an engineer experienced in boiler design. d. Documentation of the maximum number of tubes that may be plugged as determined by the OEM or engineer shall be kept on site, and a copy shall be mailedsupplied to the division of labor servicesby either mail or email. ITEM 3. Amend subrule 91.8(2) as follows: 91.8(2) Fire tube boilers. In a fire tube boiler, a tube that is adjacent to a plugged tube shall not be plugged. a. A tube that is adjacent to a plugged tube shall not be plugged. b. All plugged boiler tubes shall be replaced prior to the next required certificate inspection. ITEM 4. Amend subrule 91.8(3) as follows: 91.8(3) Water tube boilers, unfired boilers, or process steam generators. To determine the maximum number of tubes that may be plugged in a water tube boiler, unfired boiler, or process steam generator, an engineer experienced in boiler design shall consider the operational effect on the water side pressure boundary or membrane and the effect on the combustion process throughout the boiler. Water wall tubes may not be plugged if the tubes form a separation wall between products of combustion and the outside atmosphere or a separation of the gas passes in a multiple gas pass boiler.Water wall tubes that form a separation wall between products of combustion and the outside atmosphere or a separation of the gas passes in a multiple gas pass boiler shall not be plugged. ITEM 5. Amend subrule 91.10(1) as follows: 91.10(1) Clearances. a. This paragraph applies to objects installed after December 1, 2022. Minimum clearance on all sides of objects shall be 36 inches, or the manufacturer’s recommended service clearances if they allow sufficient room for inspection. Where a manufacturer identifies in the installation manual or other document that the unit requires more than 36 inches of service clearance, those dimensions shall be followed. Manholes shall have five feet of clearance between the manhole opening and any wall, ceiling or piping that would hinder entrance or egress from the object. a. b. AllThis paragraph applies to all objects installed after December 1, 2021,and before December 1, 2022. All objects shall be installed with the clearances identified in NBIC Part 1. b. c. This paragraph applies to objects installed after September 20, 2006, and before December 1, 2021. Minimum clearance on all sides of objects shall be 24 inches, or the manufacturer’s recommended service clearances if they allow sufficient room for inspection. Where a manufacturer identifies in the installation manual or other document that the unit requires more than 24 inches of service clearance, those dimensions shall be followed. Manholes shall have five feet of clearance between the manhole opening and any wall, ceiling or piping that would hinder entrance or egress from the object. c. d. All objects installed prior to September 20, 2006, shall be so located that adequate space is provided for the proper operation, inspection, and necessary maintenance and repair of the object and its appurtenances. ITEM 6. Amend subrule 91.10(4) as follows: 91.10(4) Carbon monoxide detector or alarm. The owner or user shall installand maintain a carbon monoxide detector or alarm in an equipment room where one or more fuel-fired objects are locatedin accordance with the detector or alarm manufacturer’s recommendations. a. The carbon monoxide detector or alarm shall have a visible display showing the parts per million value of the carbon monoxide that is detected. b. The carbon monoxide detector or alarm shall be hardwired to the building power and shall have a battery backup with visible and audible alarms that identify when the battery backup power supply is low. c. The carbon monoxide detector or alarm shall be tested daily and shall be calibrated in accordance with the manufacturer’s recommendations, or every 18 months after installation of the detector. The testing and calibration shall be recorded in a log book that is readily accessible to the inspectors and owner’s staff. d. The carbon monoxide detector or alarm shall have visible and audible alarms capable of being heard and seen both inside and outside of the equipment room.ARC 6545CLaw Enforcement Academy[501]Notice of Intended ActionProposing rule making related to certification and training and providing an opportunity for public comment
The Iowa Law Enforcement Academy hereby proposes to amend Chapter 2, “Minimum Standards for Iowa Law Enforcement Officers,” Chapter 3, “Certification of Law Enforcement Officers,” Chapter 4, “Instructor Certification Criteria for the Training of Peace Officers, Reserve Officers, Jailers and Public Safety Telecommunicators,” Chapter 9, “Jailer Training,” and Chapter 10, “Reserve Peace Officers,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 80B.11, 80B.11A and 80B.11C.State or Federal Law Implemented This rule making implements, in whole or in part, 2022 Iowa Acts, House File 803.Purpose and Summary The Academy frequently reviews and updates its rules to reflect changes to curricula and procedures. The proposed amendments to Chapters 3, 4 and 9 reflect changes made to the basic academy and jail academy curricula. The proposed amendments to Chapters 2 and 10 related to physician assistants are mandated by 2022 Iowa Acts, House File 803.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Academy Council for a waiver of the discretionary provisions, if any, pursuant to 501—Chapter 16.Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Academy no later than 4:30 p.m. on October 11, 2022. Comments should be directed to:Russell Rigdon Iowa Law Enforcement Academy Building 4640 P.O. Box 130 Johnston, Iowa 50131 Email: russell.rigdon@iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend subrule 2.1(11) as follows: 2.1(11) Is examined by a licensed physician, physician assistant or surgeon and meets the physical requirements necessary to fulfill the responsibilities of a law enforcement officer. ITEM 2. Amend rule 501—3.2(80B) as follows:501—3.2(80B) Law enforcement status forms furnished to academy. Within 20ten days of any of the following occurrences, the academy will be so advised by use of prescribed forms:- Any hiring of personnel.
- Change of status of existing personnel (e.g., promotions).
- Any termination of employment of a law enforcement officer ortermination of appointment as a reserve peace officer. The notification must state whether the law enforcement officer or reserve peace officer was discharged or removed for serious misconduct or whether the officer left, voluntarily quit, or was laid off when disciplinary investigation or action was imminent or pending which could have resulted in the officer being discharged or removed for serious misconduct. Upon request by the council, the employing agency shall provide any additional information or documentation about the officer including confidential records or information under Iowa Code section 22.7 or other applicable law to the council.
Proposing rule making related to controlled substances and providing an opportunity for public comment
The Board of Pharmacy hereby proposes to amend Chapter 10, “Controlled Substances,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 124.201.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 124.201.Purpose and Summary This proposed rule making temporarily places one substance (a hallucinogen) into Schedule I of the Iowa Controlled Substances Act in response to similar action taken by the federal Drug Enforcement Administration.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on October 11, 2022. Comments should be directed to:Sue Mears Board of Pharmacy 400 S.W. 8th Street, Suite E Des Moines, Iowa 50309 Email: sue.mears@iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Rescind subrule 10.39(6) and adopt the following new subrule in lieu thereof: 10.39(6) Amend Iowa Code section 124.204(4) by adding the following new paragraph: cl. 2-(ethylamino)-2-(3-methoxyphenyl)cyclohexan-1-one. Other names: methoxetamine, MXE.ARC 6533CPharmacy Board[657]Notice of Intended ActionProposing rule making related to the Iowa prescription monitoring program and providing an opportunity for public comment
The Board of Pharmacy hereby proposes to amend Chapter 37, “Iowa Prescription Monitoring Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 124.551 and 2022 Iowa Acts, House File 2201, section 13.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 124.551 and 2022 Iowa Acts, House File 2201.Purpose and Summary The proposed rule making establishes council membership information for the Prescription Monitoring Program (PMP) Advisory Council. The proposed rule making also clarifies that only overdose-reversal opioid antagonists are required to be reported to the PMP.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.Public Comment Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on October 11, 2022. Comments should be directed to: Sue Mears Board of Pharmacy 400 S.W. 8th Street, Suite E Des Moines, Iowa 50309 Email: sue.mears@iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: October 12, 2022 10 a.m. Health Professions Board Room 400 S.W. 8th Street, Suite H Des Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend rule 657—37.2(124), definition of “Opioid antagonist,” as follows: "Opioid antagonist" means a drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptorswith the intention to reverse overdose, including but not limited to naloxone hydrochloride or any other similarly acting drug approved by the United States Food and Drug Administration. ITEM 2. Adopt the following new rule 657—37.4(124):657—37.4(124) Prescription monitoring program advisory council. 37.4(1) Membership. The membership of the PMP advisory council may include, but need not be limited to: a. One pharmacist licensed under Iowa Code chapter 155A; b. One physician licensed under Iowa Code chapter 148; c. One advanced registered nurse practitioner licensed under Iowa Code chapter 152; d. One physician assistant licensed under Iowa Code chapter 148C; e. One dentist licensed under Iowa Code chapter 153; f. One veterinarian licensed under Iowa Code chapter 169; g. One individual who is registered with the PMP as a practitioner’s delegate; h. One individual who is eligible to utilize the PMP in an investigative capacity, such as a law enforcement official, licensing authority representative, or medical examiner; and i. One member of the public who is not eligible to register with the PMP. 37.4(2) Term of appointment. Council members shall be appointed by the board for a three-year term and may be reappointed by the board for two additional terms, for a maximum of three terms. Each term shall expire on June 30 of the third year of the term. 37.4(3) Quorum. Three members of the council constitutes a quorum. 37.4(4) Termination of appointment. A council member who is no longer eligible or able to serve on the council shall submit a written resignation to the board. A council member who does not attend three consecutive regular meetings of the council shall be deemed to have submitted a resignation.ARC 6542CRacing and Gaming Commission[491]Notice of Intended ActionProposing rule making related to gambling games and providing an opportunity for public comment
The Racing and Gaming Commission hereby proposes to amend Chapter 1, “Organization and Operation,” Chapter 5, “Track, Gambling Structure, and Excursion Gambling Boat Licensees’ Responsibilities,” Chapter 6, “Occupational and Vendor Licensing,” and Chapter 8, “Pari-Mutuel Wagering, Simulcasting and Advance Deposit Wagering,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 99D.7, 99E.3 and 99F.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 99D, 99E and 99F; 2020 Iowa Acts, House File 2389; and 2022 Iowa Acts, House Files 803 and 2497.Purpose and Summary Item 1 implements changes required by 2022 Iowa Acts, House File 2497. Item 2 implements changes required by 2020 Iowa Acts, House File 2389. Item 3 implements changes required by 2022 Iowa Acts, House File 2497. Item 4 implements changes required by 2022 Iowa Acts, House File 2497. Item 5 implements changes required by 2022 Iowa Acts, House File 803. Item 6 implements changes required by 2022 Iowa Acts, House File 2497. Item 7 implements changes required by 2022 Iowa Acts, House File 803. Item 8 implements changes required by 2022 Iowa Acts, House File 803. Item 9 implements changes required by 2022 Iowa Acts, House File 2497. Item 10 implements changes required by 2022 Iowa Acts, House File 2497. Item 11 implements changes required by 2022 Iowa Acts, House File 2497. Item 12 implements changes required by 2022 Iowa Acts, House File 2497. Item 13 implements changes required by 2022 Iowa Acts, House File 2497.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any.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 Commission no later than 4:30 p.m. on October 11, 2022. Comments should be directed to:Barb Blake Iowa Racing and Gaming Commission 1300 Des Moines Street Des Moines, Iowa 50309 Email: barb.blake@iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows:October 11, 2022 9 a.m.Commission Office, Suite 100 1300 Des Moines Street Des Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Commission and advise of specific needs.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Adopt the following new subrule 1.5(14): 1.5(14) Alternative simulcast license application. This form shall contain, at a minimum, the full name of the applicant, all ownership interests, balance sheets and profit-and-loss statements for three fiscal years immediately preceding the application, pending legal action, agreement with licensed facility or description of proposed operation, and a notarized certification of truthfulness. The form may include other information the commission deems necessary to make a decision on the license application. ITEM 2. Rescind and reserve subrule 1.8(21). ITEM 3. Amend subrule 5.4(16) as follows: 5.4(16) Officers, agents, and employees. Licensees are accountable for the conduct of their officers, agents, and employees. The commission or commission representative reserves the right to impose penalties against the license holder or its officer, agent, employee, or both as the commission or commission representative determines appropriate. In addition, the licensee shall be responsible for the conduct of nonlicensedemployees and other personsworking on behalf of the licensee inpublic and nonpublic areas of the excursion gambling boat, gambling structure, or racetrack enclosure. ITEM 4. Amend subrule 6.2(1) as follows: 6.2(1) All licensees for internet fantasy sports contests and all persons participating in any capacity at a racing or gaming facility,Licensee staff engaged in administration, control, conduct of gambling games, racing and sports wagering and fantasy sports contest board members, with the exception of certified law enforcement officers while they are working for the facility as uniformed officers, are required to be properly licensed by the commission. a. License applicants may be required to furnish to the commission a set of fingerprints and may be required to be refingerprinted or rephotographed periodically. b. License applicants must supply current photo identification and proof of their social security number and date of birth. c. License applicants must complete and sign the application form prescribed and published by the commission. An incomplete application shall not be processed. The application shall state the full name, social security number, residence, date of birth, and other personal identifying information of the applicant that the commission deems necessary. The application shall include, in part, whether the applicant has any of the following: (1) A record of conviction of a felony or misdemeanor, including a record involving the entry of a deferred judgment and adjudications of delinquency; (2) An addiction to alcohol or a controlled substance; (3) A history of mental illness or repeated acts of violence; (4) Military convictions; (5) Adjudication of delinquency; or (6) Overdue income taxes, fines, court-ordered legal obligations, or judgments. d. License applicants for designated positions of higher responsibility may be required to complete a division of criminal investigation (DCI) background form. e. A fee set by the commission shall be assessed to each license applicant. Once a license is issued, the fee cannot be refunded. f. License applicants must pay an additional fee set by the Federal Bureau of Investigation (FBI) and by the department of public safety (DCI and bureau of identification) to cover the cost associated with the search and classification of fingerprints. g. All racing and gaming commission fees for applications or license renewals must be paid by applicants or licensees before a license will be issued or renewed or, if the applicant is an employee of a facility, the commission fees will be directly billed to the facility. h. An applicant who knowingly makes a false statement on the application is guilty of an aggravated misdemeanor. i. Participation in racing and gaming, sports wagering, and internet fantasy sports contests in the state of Iowa is a privilege and not a right. The burden of proving qualifications to be issued any license is on the applicant at all times. An applicant must accept any risk of adverse public notice, embarrassment, criticism, or other action, as well as any financial loss that may result from action with respect to an application. j. All licenses are conditional until completion of a necessary background investigation including, but not limited to, fingerprint processing through the DCI and the FBI and review of records on file with national organizations, courts, law enforcement agencies, and the commission. k. Any licensee who allows another person use of the licensee’s license badge for the purpose of transferring any of the benefits conferred by the license may be fined, have the license suspended or revoked, or be subject to any combination of the above-mentioned sanctions. No license shall be transferable and no duplicate licenses shall be issued except upon submission of an application form and payment of the license fee. l. It shall be the affirmative responsibility and continuing duty of each applicant to provide all information, documentation, and assurances pertaining to qualifications required or requested by the commission or commission representatives and to cooperate with commission representatives in the performance of their duties. A refusal by any person to comply with a request for information from a commission representative shall be a basis for fine, suspension, denial, revocation, or disqualification. m. Non-U.S. citizens must supply documentation authorizing them to work in the United States or supply documentation demonstrating compliance with the North American Free Trade Agreement. n. Portions of all completed applications accepted by the commission are confidential. The following persons have the explicit right to review all information contained on the application: the applicant, all commission officials and employees, the track steward, and DCI agents or other law enforcement officers serving in their official capacity. o. A license may not be issued or held by an applicant who is unqualified, by experience or otherwise, to perform the duties required. p. A license may not be issued to applicants who have not previously been licensed in the following occupations except upon recommendation by the commission representative: trainers, assistant trainers, jockeys, apprentice jockeys, exercise persons, and other occupations the commission may designate. The commission representative may, for the purpose of determining a recommendation under this subrule, consult a representative of the facility, horsemen, or jockeys. ITEM 5. Amend paragraph 6.5(1)"f" as follows: f. A license shall be denied if the applicant has an addiction to alcohol or a controlled substance without sufficient evidence of rehabilitation, has a history of mental illness without demonstrating successful treatment by a licensed medical physicianor physician assistant, or has a history of repeated acts of violence without sufficient evidence of rehabilitation. ITEM 6. Amend subrule 6.14(3) as follows: 6.14(3) Any employee who works for a licensed vendor and will be supplying the goods or services to the facility must have a vendor employee license.Only employees who work for a racing, sports wagering, or simulcast vendor require an occupational license. A vendor license must be issued before a vendor employee can be issued a license to represent that company. The authorized signature on the vendor employee’s application must be the signature of the person authorized by the vendor application to sign vendor employee applications. ITEM 7. Amend paragraph 6.24(1)"b" as follows: b. A jockey shall pass a physical examination given within the previous 12 months by a licensed physicianor physician assistant affirming fitness to participate as a jockey. The commission representatives may require that any jockey be reexamined and may refuse to allow any jockey to ride pending completion of such examination. ITEM 8. Amend subrule 6.28(2) as follows: 6.28(2) Drug prohibition/body fluid test. Licensees whose duties require them to be in a restricted area, as defined in subrule 6.28(1), of a racing facility shall not have present within their systems any controlled substance as listed in Schedules I to V of U.S.C. Title 21 (Food and Drug Section 812), Iowa Code chapter 124 or any prescription drug unless it was obtained directly or pursuant to valid prescription or order from a duly licensed physicianor physician assistant who is acting in the course of professional practice. Acting with reasonable cause, a commission representative may direct the above licensees to deliver a specimen of urine or subject themselves to the taking of a blood sample or other body fluids at a collection site approved by the commission. In these cases, the commission representative may prohibit the licensee from participating in racing until the licensee evidences a negative test result. Sufficient sample should be collected to ensure a quantity for a split sample when possible. A licensee who refuses to provide the samples herein described shall be in violation of these rules and shall be immediately suspended and subject to disciplinary action by the board or commission representative. All confirmed positive test costs and any related expenses shall be paid for by the licensee. Negative tests shall be at the expense of the commission.With reasonable cause noted, an on-duty commission representative may direct a licensee to deliver a test. The commission representative shall call the approved laboratory or hospital and provide information regarding the person who will be coming; that the licensee will have a photo ID; the name and number to call when the licensee arrives; to whom and where to mail the results; and who should be called with the results. The licensee will be directed to immediately leave the work area and proceed to an approved laboratory or hospital for testing with the following directions:- If under impairment, the licensee must have another person drive the licensee to the laboratory or hospital.
- On arrival at the laboratory or hospital, the licensee must show the license to the admitting personnel for verification.
- On arrival at the laboratory or hospital, the licensee shall be required to sign a consent for the release of information of the results to a commission representative.
Proposing rule making related to electronic filing of tax returns and providing an opportunity for public comment
The Revenue Department hereby proposes to amend Chapter 8, “Forms and Communications,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 422.14, 422.15, 422.16B, 422.36, 422.37, and 422.62 as amended by 2022 Iowa Acts, House File 2552, and section 422.68.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 422.14, 422.15, 422.16B, 422.36, 422.37 and 422.62 as amended by 2022 Iowa Acts, House File 2552.Purpose and Summary This proposed rule making is intended to implement the requirement imposed by 2022 Iowa Acts, House File 2552, division II, to electronically file certain business income, fiduciary, and franchise tax returns. This rule making describes the proper method for filing electronic returns, provides definitions that are useful for determining whether a taxpayer has met the criteria for being subject to the mandate, and provides for exceptions to the electronic filing requirement. The reference to rule 701—10.9(421) in subrule 8.7(4) is a reference to a new rule proposed in ARC 6453C, IAB 8/10/22. 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 October 11, 2022. Comments should be directed to: Benjamin Clough Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306 Phone: 515.587.0662 Email: ben.clough@iowa.gov Public Hearing If requested, a public hearing at which persons may present their views orally or in writing will be held as follows: October 12, 2022 1 to 2 p.m. Via video/conference call Persons who wish to participate in the video/conference call should contact Benjamin Clough before 4:30 p.m. on October 11, 2022, to facilitate an orderly hearing. A video link or conference call number will be provided to participants prior to the hearing. Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Adopt the following new rule 701—8.7(422,533):701—8.7(422,533) Mandatory electronic filing for certain taxpayers. Iowa corporate and fiduciary income and franchise taxpayers, and pass-through entities subject to Iowa income reporting requirements, are required to file their annual returns in an electronic format approved by the department for any tax year in which certain criteria are met. This rule provides information needed to determine whether any entity is subject to this electronic filing requirement for a given tax year. 8.7(1) Definitions. "Business entity," when used in this rule, means entities taxed as corporations, partnerships, S corporations, and financial institutions as defined in Iowa Code section 422.61(1). "Fiduciary taxpayer" means the same as “fiduciary” as defined in Iowa Code section 422.4(4). "Iowa tax credits" means refundable and nonrefundable tax credits authorized under the Iowa Code for the tax year in which they are claimed or applied, but does not include credits for prior payments or composite credits. "Return," when used in this rule, means Form IA 1120, IA 1120S, IA 1120F, IA 1065, IA PTE-C, or IA 1041, as context requires, and includes amended returns, supporting schedules, attachments, or lists which are supplemental to or part of the filed return. "Taxpayer," unless the context otherwise requires, means any business entity, financial institution, or fiduciary taxpayer as defined in this rule. "Tax year" means any period of up to 12 months, including periods of less than 12 months, for which a taxpayer subject to this rule is required to file an Iowa income tax, franchise tax, or information return. "Total gross receipts" means gross receipts or sales from all business operations conducted within and without Iowa without any adjustment for returns and allowances, and also includes receipts from all interest, dividends, rents, and royalties; income from ordinary and capital gains; and the distributive share of income received by the taxpayer from a partnership, S corporation, estate, or trust. 8.7(2) Electronic format for filing. A taxpayer that meets any of the criteria for mandatory electronic filing in subrule 8.7(3) shall file a paperless Iowa income or franchise tax return by way of the Internal Revenue Service (IRS) Modernized e-File (MeF) program, also known as federal/state electronic filing, in a manner consistent with the requirements of rule 701—8.5(422). 8.7(3) Criteria for mandatory electronic filing. This subrule applies to business entities for tax years ending on or after December 31, 2022, and to fiduciary taxpayers for tax years ending on or after December 31, 2023. Every taxpayer required to file an Iowa income or franchise tax return for an applicable year must file using the electronic format specified in subrule 8.7(2) if the taxpayer meets any of the following criteria for the tax year: a. Gross receipts.The taxpayer has $250,000 or more in total gross receipts for the tax year. b. Iowa tax credits.The taxpayer claims or applies $25,000 or more of Iowa tax credits on the return for the tax year. c. Iowa Schedules K-1.The taxpayer is required to issue ten or more Iowa Schedules K-1 to its partners, members, shareholders, or beneficiaries for the tax year. d. Consolidated corporate return.The taxpayer elects or is required to file or be included on an Iowa consolidated corporate income tax return under Iowa Code section 422.37 for the tax year. 8.7(4) Returns not in compliance with this rule. Any return filed in any manner other than the manner specified in subrule 8.7(2) by a taxpayer that meets any of the criteria for mandatory electronic filing as described in subrule 8.7(3) is not a valid return. The taxpayer is a nonfiler for the tax year for which the return was required, and may be subject to the failure to file penalties as provided for in rules 701—10.6(421) and 701—10.9(421), until such time as the taxpayer files the return in the proper electronic format. This subrule shall not apply if an exception has been granted under subrule 8.7(5). 8.7(5) Exceptions. At the department’s discretion, exceptions to the electronic filing requirement under this rule may be granted for good cause. The taxpayer bears the burden to prove that good cause exists for the failure to file electronically. A claim that the return preparation software purchased or licensed by a taxpayer or taxpayer’s return preparer does not include all of the features necessary to comply with the taxpayer’s Iowa filing obligations shall not be considered good cause for purposes of granting an exception to the electronic filing requirement. a. Requests for exceptions to the electronic filing requirement. (1) Form of request. Requests for exceptions to the electronic filing requirement must be submitted by mail or online through GovConnectIowa on forms provided by the department. (2) Timing of request. Requests for exceptions to the electronic filing requirement must be submitted before the return is filed. (3) Department determination. The department will notify the taxpayer in writing whether a request for an exception to the electronic filing requirement has been approved or denied. If the department does not respond to a taxpayer’s valid request for an exception to the electronic filing requirement within 90 days of the date the request is received, the request shall be deemed accepted. (4) Applicability of exception. An exception to the electronic filing requirement, if granted, shall only be valid for the tax year for which it was approved. b. Temporary one-time relief.For tax years ending on or before December 31, 2023, if the department determines a taxpayer that filed a paper return was required to file in an electronic manner as provided in this rule, the department will notify the taxpayer in writing of the requirements of this rule. If the taxpayer properly files in an electronic manner within 30 days of the date of the notification under this paragraph, the department shall grant an exception to the requirements of this rule and deem the originally filed paper return a valid return. A taxpayer shall only be granted the benefit of this paragraph for one eligible return. This rule is intended to implement 2022 Iowa Acts, House File 2552, division II.ARC 6538CRevenue Department[701]Notice of Intended ActionProposing rule making related to withholding and providing an opportunity for public comment
The Revenue Department hereby proposes to amend Chapter 38, “Administration,” and Chapter 46, “Withholding,” 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 sections 421.27, 422.16 and 422.25 and 2022 Iowa Acts, House File 2552.Purpose and Summary This proposed rule making is intended to implement statutory changes to the penalty imposed on payers of withholding who fail to file income statements with the Department. Payers of withholding will now be penalized $500 for each instance of willful failure to file an income statement with the Department. This rule making also implements a statutory change that eliminates the requirement that payers of withholding submit an annual summary of withholding payments. Further, this rule making eliminates references to responsible parties and amends other provisions related to withholding registration to better conform with how withholding registration is administered by the Department. Finally, this rule making amends language regarding filing of returns to better conform with how withholding filings are administered by the Department and to make the rules easier to read.Fiscal Impact This rule making has no fiscal impact to the State of Iowa beyond that of the legislation it is intended to implement. The final Fiscal Note for 2022 Iowa Acts, House File 2552, did not indicate any fiscal impact.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 October 11, 2022. Comments should be directed to:Kurt Konek Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306 Phone: 515.587.0440 Email: kurt.konek@iowa.govPublic Hearing If requested, a public hearing at which persons may present their views orally or in writing will be held as follows:October 11, 2022 12:30 to 1:30 p.m.Via video/conference call Persons who wish to participate in the video/conference call should contact Kurt Konek before 8 a.m. on October 11, 2022, to facilitate an orderly hearing. A video link or conference call number will be provided to participants prior to the hearing. Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Rescind subrule 38.1(8). ITEM 2. Amend paragraph 46.1(1)"c" as follows: c. Exemption from withholding.An employer may be relieved of the responsibility to withhold Iowa income tax on an employee who does not anticipate an Iowa income tax liability for the current tax year.An employee who anticipates no Iowa income tax liability for the current tax year shall file with the employer a withholding allowance certificate claiming exemption from withholding. An employee who meets this criterion may claim an exemption from withholding at any time; however, this exemption from withholding must be renewed by February 15 of each tax year that the criterion is met. If the employee wishes to discontinue or is required to revoke the exemption from withholding, the employee must file a new withholding allowance certificate within ten days from the date the employee anticipates a tax liability or on or before December 31 if a tax liability is anticipated for the next tax year. See subrule 46.3(2)Subrule 46.3(3) contains more information. ITEM 3. Amend rule 701—46.3(422) as follows:701—46.3(422) Forms, returns, and reports. 46.3(1) Definitions. For the purposes of this rule, the following definitions apply. "GovConnectIowa" means the e-services portal of the department of revenue. "Income statement" means a statement that conforms to the requirements of Iowa Code section 422.16(7)“a.” An income statement includes, but is not limited to, Internal Revenue Service (IRS) Form W-2, IRS Form 1099, and IRS Form W-2G. "Payee" means an employee or other person who had Iowa income tax withheld pursuant to Iowa Code section 422.16. "Payer" means an employer or other person required to withhold and remit Iowa income tax pursuant to Iowa Code section 422.16. 46.(1) 46.3(2) EmployerWithholding registration. a. Every employer or payer required to deduct and withhold Iowa income tax must register with the department of revenue by filing an “Iowa Business Tax Registration Form.”Iowa Business Tax Registration Form either on a paper form available online at tax.iowa.gov or through GovConnectIowa. The form shall indicate the employer’s or payer’s federalemployer identification number. If an employer ora payer has not received a federal employer’semployer identification number, the department will issue a temporary identification number. The employer or payer must notify the department whenof thepayer’s federal employer identification number isonce the number has been assigned.If a payer fails to provide the payer’s federal employer identification number, the department may cancel the payer’s withholding registration.When initial payment of wages subject to Iowa withholding tax occurs late in the calendar quarter, or before the employer’s or payer’s federal employer’s identification number is assigned by the Internal Revenue Service, the Iowa business tax registration form shall be forwarded along with the first quarterly withholding return. The responsible party(ies) shall be listed on the form. b. If an employera payer deducts and withholds Iowa income tax but does not file the Iowa business tax registration formBusiness Tax Registration Form, the department may register the employerpayer using the best information available. If an employera payer uses a service provider to report and remit Iowa withholding tax on behalf of the employerpayer, the department may use information obtained from the service provider to register the employerpayer if an Iowa business tax registration formBusiness Tax Registration Form is not filed. This information would include, but is not limited to, the name, address, federal employer’semployer identification number, filing frequency,and withholding agent and responsible party(ies)contact of the employerpayer. 46.(2) 46.3(3) Allowance certificate. a. General rules.On or before the date on which an individual commences employment with an employer, the individual shall furnish the employer with a signed Iowa employee’s withholding allowance certificate (IA W-4) indicating the number of withholding allowances which the individual claims, which in no event shall exceed the number to which the individual is entitled. The employer is required to request a withholding allowance certificate from each employee. If the employee fails to furnish a certificate, the employee shall be considered as claiming no withholding allowances. See subrule 46.3(4) forSubrule 46.3(5) contains information on Form IA W-4P, which is to be used by payers of pensions, annuities, deferred compensation, individual retirement accounts and other retirement incomes.The employer must submit to the department of revenue a copy of a withholding allowance certificate received from an employee if: (1) The employee claimed more than a total of 22 withholding allowances, or (2) The employee is claiming an exemption from withholding and it is expected that the employee’s wages from that employer will normally exceed $200 per week.Employers required to submit withholding certificates should use the following address:Iowa Department of RevenueCompliance DivisionExamination SectionHoover State Office BuildingP.O. Box 10456Des Moines, Iowa 50306The department will notify the employer whether to honor the withholding certificate or to withhold as though the employee is claiming no withholding allowances. b. Form and content.The “Iowa Employee’s Withholding Allowance Certificate” (IA W-4) must be used to determine the number of allowances that may be claimed by an employee for Iowa income tax withholding purposes. Generally, the greater number of allowances an employee is entitled to claim, the lower the amount of Iowa income tax to be withheld for the employee. The following withholding allowances may be claimed on the IA W-4 form: (1) Personal allowances. An employee can claim one personal allowance or two if the individual is eligible to claim head of household status. The employee can claim an additional allowance if the employee is 65 years of age or older and another additional allowance if the employee is blind.If the employee is married and the spouse either does not work or is not claiming an allowance on a separate W-4 form, the employee can claim an allowance for the spouse. The employee may also claim an additional allowance if the spouse is 65 years of age or older and still another allowance if the spouse is blind. (2) Dependent allowances. The employee can claim an allowance for each dependent that the employee will be able to claim on the employee’s Iowa return. (3) Allowances for itemized deductions. The employee can claim allowances for itemized deductions to the extent the total amount of estimated itemized deductions for the tax year for the employee exceeds the applicable standard deduction amount by $200. In instances where an employee is married and the employee’s spouse is a wage-earner, the total allowances for itemized deductions for the employee and spouse should not exceed the aggregate amount itemized deduction allowances to which both taxpayers are entitled. (4) Allowances for the child/dependent care credit. Employees who expect to be eligible for the child/dependent care credit for the tax year can claim withholding allowances for the credit. The allowances are determined from a chart included on the IA W-4 form on the basis of net income shown on the Iowa return for the employee. If the employee is married and has filed a joint federal return with a spouse who earns Iowa wages subject to withholding, the withholding allowances claimed by both spouses for the child/dependent care credit should not exceed the aggregate number of allowances to which both taxpayers are entitled. Taxpayers that expect to have a net income of $45,000 or more for a tax year beginning on or after January 1, 2006, should not claim withholding allowances for the child and dependent care credit, since these taxpayers are not eligible for the credit. (5) Allowances for adjustments to income. For tax years beginning on or after January 1, 2008, employees can claim allowances for adjustments to income which are set forth in Treasury Regulation §31.3402(m)-1, paragraph “b.” This includes adjustments to income such as alimony, deductible IRA contributions, student loan interest and moving expenses which are allowed as deductions in computing income subject to Iowa income tax. In instances where an employee is married and the employee’s spouse is a wage earner, the withholding allowances claimed by both spouses for adjustments to income for the employee and spouse should not exceed the aggregate number of allowances to which both taxpayers are entitled. c. Change in allowances which affect the current calendar year. (1) Decrease. If, on any day during the calendar year, the number of withholding allowances to which an employee is entitled is less than the number of withholding allowances claimed by the individual on a withholding certificate then in effect, the employee must furnish the employer with a new Iowa withholding allowance certificate relating to the number of withholding allowances which the employee then claims, which must in no event exceed the number to which the employee is entitled on such day. (2) Increase. If, on any day during the calendar year, the number of withholding allowances to which an employee is entitled is more than the number of withholding allowances claimed by the employee on the withholding allowance certificate then in effect, the employee may furnish the employer with a new Iowa withholding allowance certificate on which the employee must in no event claim more than the number of withholding allowances to which the employee is entitled on such day. d. Change in allowances which affect the next calendar year.If, on any day during the calendar year, the number of withholding allowances to which the employee will be, or may reasonably be expected to be, entitled to for the employee’s taxable year which begins in, or with, the next calendar year is different from the number to which the employee is entitled on such day, the following rules shall apply: (1) If such number is less than the number of withholding allowances claimed by an employee on an Iowa withholding allowance certificate in effect on such day, the employee must within a reasonable time furnish the employee’s employer with a new withholding allowance certificate reflecting the decrease. (2) If such number is greater than the number of withholding allowances claimed by the employee on an Iowa withholding allowance certificate in effect on such day, the employee may furnish the employee’s employer with a new withholding allowance certificate reflecting the increase. e. Duration of allowance certificate.An Iowa withholding allowance certificate which is in effect pursuant to these regulations shall continue in effect until another withholding allowance certificate takes effect. Employers should retain copies of the IA W-4 forms for at least four years. 46.(3) 46.3(4) Reports and payments of income tax withheld. a. Returns of income tax withheld from wages. (1) Quarterly returns. Every withholding agentpayer required to withhold tax on compensation paid for personal services in Iowa shall make a return for the first calendar quarter in which tax is withheld and for each subsequent calendar quarter, whether or not compensation is paid therein, until a final return is filed. The withholding agent’s “Quarterly Withholdingpayer’s Iowa Withholding Tax Quarterly Return is the form prescribed for making the return required under this paragraph. Monthly tax deposits or semimonthly tax deposits may be required in addition to quarterly returns. See subparagraphsSubparagraphs (2) and (3) of paragraph 46.3(3)“a.”46.3(4)“a” contain more information about monthly and semimonthly tax deposits. In some circumstances, only an annual return and payment of withheld taxes will be required; see paragraph 46.3(3)“c.”. Paragraph 46.3(4)“c” contains more information on annual reporting.Payments shall be based upon the tax required to be withheld and must be remitted in full.A withholding agentpayer is not required to list the name(s) of the agent’s employee(s)payee(s) when filing quarterly returns, nor is the withholding agent required to show on the employee’s paycheck or voucher the amount of Iowa income tax withheld.If a withholding agent’spayer’s payroll is not constant, and the agentpayer finds that no wages or other compensationincome was paid during the current quarter, the agentpayer shall enter the numeral “zero” on the return and submit the return as usual. (2) Monthly deposits. Every withholding agentpayer required to file a quarterly withholding return shall also file a monthly deposit if the amount of tax withheld during any calendar month exceeds $500, but is less than $10,000. A withholding agent needs to file a monthly deposit even if no payment is due. No monthly deposit is required for the third month in any calendar quarter. The information otherwise required to be reported on the monthly deposit for the third month in a calendar quarter shall be reported on the quarterly return filed for that quarter, and no monthly deposit need be filed for such month. (3) Semimonthly deposits. Every withholding agentpayer who withholds more than $5,000 in a semimonthly period must file a semimonthly tax deposit. A semimonthly period is defined as the period from the first day of a calendar month through the fifteenth day of a calendar month, or the period from the sixteenth day of a calendar month through the last day of a calendar month. When semimonthly deposits are required, a withholding agentpayer must still file a quarterly return. (4) Final returns. A withholding agentpayer who in any return period permanently ceases doing business shall file the returns required by subparagraphs (1), (2) and (3) of paragraph 46.3(3)“a”46.3(4)“a” as final returns for such period. The withholding agentpayer shall cancel the withholding tax registration by notifying the departmentsubmitting the Iowa Business Tax Cancellation Form or by canceling the registration using GovConnectIowa. b. Time for filing returns. (1) Quarterly returns. Each return required by subparagraph 46.3(3)“a”(1)46.3(4)“a”(1) shall be filed on or before the last day of the first calendar month following the calendar quarter for which such return is made. (2) Monthly tax deposits. Monthly deposits required by subparagraph 46.3(3)“a”(2)46.3(4)“a”(2) shall be filed on or before the fifteenth day of the second and third months of each calendar quarter for the first and second months of each calendar quarter, respectively. (3) Semimonthly tax deposits. Semimonthly deposits required by subparagraph 46.3(3)“a”(3)46.3(4)“a”(3) for the semimonthly period from the first day of the month through the fifteenth day of the month shall be filed with payment of the tax on or before the twenty-fifth day of the same month. The semimonthly deposits required by subparagraph 46.3(3)“a”(3)46.3(4)“a”(3) for the semimonthly period from the sixteenth day of the month through the last day of the month shall be filed with payment of the tax on or before the tenth day of the month following the month in which the tax is withheld.For withholding that occurs on or after January 1, 2005, quarterlyQuarterly returns, amended returns, monthly deposits and semimonthly deposits shall be made electronically in a format and by means specified by the department of revenue. Tax payments are considered to have been made on the date that the tax is transmitted and released by the vendor to the department.For withholding that occurs on or after January 1, 2022, tax payments shall be made using GovConnectIowa. (4) Determination of filing statuspayment frequency. Effective July 1, 2002, theThe department and the department of management have the authority to change filingpayment thresholds by department rule. This paragraph sets forth the filingpayment thresholdsand frequencies for each filerpayer based on the amount withheld for withholding that occurs on or after January 1, 2003.The following criteria will be used by the department to determine if a change in filing statuspayment frequency is warranted.Filing StatusPayment FrequencyThresholdTest CriteriaSemimonthlyGreater than $120,000 in annual withholding taxes (more than $5,000 in a semimonthly period).Tax remitted in 3 of most recent 4 quarters examined exceeds $30,000.MonthlyBetween $6,000 and $120,000 in annual withholding taxes (more than $500 in a monthly period).Tax remitted in 3 of most recent 4 quarters examined exceeds $1,500 per quarter.QuarterlyLess than $6,000 in annual withholding taxes.Tax remitted in 3 of most recent 4 quarters examined is less than $1,500 per quarter.AnnualLess than 3 employees.When it is determined that a withholding agent’s filing status is to be changed, the withholding agent shall be notified in writing. A withholding agent has the option of requesting, within 30 days of the department’s notice of a change in filing frequency, that the withholding agent file more or less frequently than required by the department. 1. To request filingto pay on a less frequent basis than assigned by the departmentrequired, the request must be in writing and submitted to the department. A withholding agent’spayer’s written request to be allowed to filepay less frequently than the filing status assigned by the department will be reviewed by the department, and a written determination will be issued to the withholding agentpayer who made the request. A change in assigned filing statuspayment frequency to filepay on a less frequent basis will be granted in only two instances:Proposing rule making related to the rent reimbursement program and providing an opportunity for public comment
The Revenue Department hereby proposes to amend Chapter 73, “Property Tax Credit and Rent Reimbursement,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 421.14 and 425.37.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 425, subchapter II, as amended by 2021 Iowa Acts, House File 368.Purpose and Summary House File 368, enacted during the 2021 Legislative Session, transferred the administration of the rent reimbursement program under Iowa Code chapter 425, subchapter II, from the Iowa Department of Revenue (IDR) to the Iowa Department of Human Services (DHS). This transition is scheduled to occur on January 1, 2023. This proposed rule making addresses three transition issues that IDR and DHS have identified. First, the rule making clarifies that appeals of denials or reductions of rent reimbursement claims shall be filed with and administered by the agency that made the denial or reduction. Second, the rule making addresses claims received by IDR on or after December 1, 2022, requiring that those claims be forwarded to DHS for processing and allowance or disallowance. Finally, the rule making clarifies that all rent reimbursement claims made on and after January 1, 2023, including late or amended claims, should be filed with DHS for determination of eligibility for the credit.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 October 11, 2022. Comments should be directed to: Nick Behlke Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306 Phone: 515.336.9025 Email: nick.behlke@iowa.gov Public Hearing If requested, a public hearing at which persons may present their views orally or in writing will be held as follows: October 11, 2022 1 to 2 p.m. Via video/conference call Persons who wish to participate in the video/conference call should contact Nick Behlke before 8 a.m. on October 11, 2022, to facilitate an orderly hearing. A video link or conference call number will be provided to participants prior to the hearing. Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of their specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making action is proposed:
ITEM 1. Adopt the following new rule 701—73.35(425):701—73.35(425) Transition period. As of January 1, 2023, the rent reimbursement program will be administered by the department of human services. The transition of the program from the department of revenue to the department of human services will be managed as follows: 73.35(1) Appeals. a. Appeals of denials or reductions of rent reimbursement claims made by the department of revenue shall be filed with the department of revenue in accordance with 701—Chapter 7 and will be administered in accordance with that chapter. b. Appeals of denials or reductions of rent reimbursement claims made by the department of human services shall be administered in accordance with 441—Chapter 7. 73.35(2) Claims. a. Any claim, including late or amended claims, received by the department of revenue on or after December 1, 2022, shall be redirected to the department of human services for processing and allowance or disallowance. b. Effective January 1, 2023, all claims, including late or amended claims, shall be filed with and processed by the department of human services. The department of human services shall be responsible for making determinations on rent reimbursement claims on and after January 1, 2023. This rule is intended to implement 2021 Iowa Acts, chapter 41 [House File 368].ARC 6519CTransportation Department[761]Notice of Intended ActionProposing rule making related to third-party commercial driver’s license testers and providing an opportunity for public comment
The Transportation Department hereby proposes to amend Chapter 607, “Commercial Driver Licensing,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 307.12 and 321.187.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 321.187 as amended by 2022 Iowa Acts, Senate File 2337.Purpose and Summary This proposed rule making updates Chapter 607 to conform the rules with 2022 Iowa Acts, Senate File 2337. This legislation amends Iowa Code section 321.187 to authorize public transit systems and regional public transit systems to be third-party commercial driver’s license (CDL) testers, and to allow all third-party testers to administer the CDL knowledge test in addition to the CDL skills test. Under this legislation, any CDL knowledge or skills test offered by a third party must be the same as the test administered by the Department. The proposed amendments provide that public and regional transit systems may be certified by the Department to be third-party CDL testers and allow all third-party testers to be certified by the Department to administer CDL knowledge tests in addition to CDL skills tests. The proposed amendments adopt definitions for “knowledge test,” “public transit system” and “regional transit system” and amend a few existing definitions to align with the definitions amended within Iowa Code section 321.187. To implement and align the existing rules with the expanded third-party testing functions, the proposed amendments update references to skills testing to include knowledge testing and update references to the Federal Motor Carrier Safety Regulations in 49 CFR Parts 383 and 384. This proposed rule making clarifies that the existing requirement to maintain a $50,000 bond is applicable only to a third-party tester that is not a government agency in accordance with federal regulations. The proposed amendments add a new paragraph concerning the revocation of a certificate of authority issued by the Department to a third-party knowledge test examiner if the examiner does not meet certain minimum federal requirements relating to examiner qualifications, training and protocols for suspected fraudulent activity. The proposed amendments also require the Department to revoke the certificate of authority for a third-party test examiner to administer knowledge or skills tests if the examiner fraudulently administers either type of test.Fiscal Impact This rule making has no fiscal impact to the State of Iowa beyond any impact anticipated by the legislation. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11. Public Comment Any interested person may submit written comments concerning this proposed rule making or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on October 11, 2022. Comments should be directed to: Tracy George Department of Transportation DOT Rules Administrator, Government and Community Relations 800 Lincoln Way Ames, Iowa 50010 Email: tracy.george@iowadot.usPublic Hearing If requested, a public hearing to hear oral presentations will be held on October 13, 2022, via conference call at 10 a.m. Persons who wish to participate in the conference call should contact Tracy George before 4:30 p.m. on October 11, 2022, to facilitate an orderly hearing. A conference call number will be provided to participants prior to the hearing. Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George and advise of specific needs. The public hearing will be canceled without further notice if no oral presentation is requested. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Amend rule 761—607.30(321) as follows:761—607.30(321) Third-party testing. 607.30(1) Purpose and definitions. Theknowledge tests required by rule 761—607.27(321) and the skills test required by rule 761—607.28(321) may be administered by third-party testers and third-party skills test examiners approved and certified by the department. For the purpose of administering third-party skills testing and this rule, the following definitions shall apply: "Community college" means an Iowa community college established under Iowa Code chapter 260C. "Iowa-based motor carrier" means a motor carrier or its subsidiary that has its principal place of business in the state of Iowa and operates a permanent commercial driver training facility in the state of Iowa. "Iowa nonprofit corporation" means a nonprofit corporation that serves as a trade association for Iowa-based motor carriers. "Knowledge test" means the knowledge tests required by rule 761—607.27(321). "Motor carrier" means the same as defined in 49 CFR Section 390.5. "Permanent commercial driver training facility" means a facility dedicated to a program of commercial driving instruction that is offered to employees or potential employees of the motor carrier as incident to the motor carrier’s commercial operations, that requires at least 40 hours of instruction, and that includes fixed and permanent structures and facilities for the off-road portions of commercial driving instruction, including classroom, pretrip inspection, and basic vehicle control skills. A permanent commercial driver training facility must include a fixed and paved or otherwise hard-surfaced area for basic vehicle control skills testing that is permanently marked and capable of inspection and measurement by the department. "Public transit system" means the same as defined in Iowa Code section 324A.1. "Regional transit system" means the same as defined in Iowa Code section 324A.1. "Skills test" means the skills test required by rule 761—607.28(321). "Subsidiary" means a company that is partly or wholly owned by a motor carrier that holds a controlling interest in the subsidiary company. "Third-party skills test examiner" means the same as defined in 49 CFR Section 383.5Iowa Code section 321.187 as amended by 2022 Iowa Acts, Senate File 2337. "Third-party tester" means the same as defined in 49 CFR Section 383.5Iowa Code section 321.187 as amended by 2022 Iowa Acts, Senate File 2337. 607.30(2) Certification of third-party testers. a. The department may certify as a third-party tester a community college, Iowa-based motor carrier, or Iowa nonprofit corporation, public transit system or regional transit system to administerknowledge tests and skills tests. A community college, Iowa-based motor carrier, or Iowa nonprofit corporation, public transit system or regional transit system that seeks certification as a third-party tester shall contact the motor vehicle division and schedule a review of the proposed testing program, which shall include the proposed testing courses and facilities, information sufficient to identify all proposed third-party skills test examiners, and any other information necessary to demonstrate compliance with 49 CFR Section 383.75Parts 383 and 384 applicable to knowledge and skills testing. b. No community college, Iowa-based motor carrier, or Iowa nonprofit corporation, public transit system or regional transit system shall be certified to conduct third-party testing unless and until the community college, Iowa-based motor carrier, or Iowa nonprofit corporation, public transit system or regional transit system enters an agreement with the department that meets the requirements of 49 CFR Section 383.75 and demonstrates sufficient ability to conductknowledge and skills tests in a manner that consistently meets the requirements of 49 CFR Section 383.75Parts 383 and 384 applicable to knowledge and skills testing. c. The department shall issue a certified third-party tester a certificate of authority that identifies the classes and types of vehicles for whichknowledge and skills tests may be administered. The certificate shall be valid for the duration of the agreement executed pursuant to paragraph 607.30(2)“b,” unless revoked by the department for engaging in fraudulent activities related to conductingknowledge and skills tests or failing to comply with the requirements, qualifications, and standards of this chapter, the agreement, or 49 CFR Section 383.75Parts 383 and 384 applicable to knowledge and skills testing. 607.30(3) Certification of third-party skills test examiners. a. A certified third-party tester shall not employ or otherwise use as a third-party skills test examiner a person who has not been approved and certified by the department to administerknowledge or skills tests. Each certified third-party tester shall submit for approval the names of all proposed third-party skills test examiners to the department. The department shall not approve as a third-party skills test examiner a person who does not meet the requirements, qualifications, and standards of 49 CFR Sections 383.75 and 384.228Parts 383 and 384 applicable to knowledge and skills testing, including but not limited to all required training and examination and a nationwide criminal background check. The criteria for passing the nationwide criminal background check shall include no felony convictions within the last ten years and no convictions involving fraudulent activities. b. The department shall issue a certificate of authority for each person certified as a third-party skills test examiner that identifies the certified third-party tester for which the person will administerknowledge or skills tests and the classes and types of vehicles for which the person may administerknowledge or skills tests. The certificate shall be valid for a period of four years from the date of issuance of the certificate. c. The department shall revoke the certificateof authority for a third-party test examiner to administer skills tests if the person holding the certificate does not administer skills tests to at least ten different applicants per calendar year; does not successfully complete the refresher training required by 49 CFR Section 384.228 every four years; is involved in fraudulent activities related to conductingknowledge or skills tests; or otherwise fails to comply with and meet the requirements, qualifications and standards of this chapter or 49 CFR Sections 383.75 and 384.228Parts 383 and 384 applicable to skills testing. Notwithstanding anything in this paragraph to the contrary, as provided in 49 CFR Section 383.75, if the person does not administer skills tests to at least ten different applicants per calendar year, the certificate will not be revoked for that reason if the person provides proof of completion of the examiner refresher training in 49 CFR Section 384.228 to the department or successfully completes one skills test under the observation of a department examiner. d. The department shall revoke the certificate of authority for a third-party test examiner to administer knowledge tests if the person holding the certificate does not successfully complete the refresher training required by 49 CFR Section 384.228 every four years, is involved in fraudulent activities related to conducting knowledge or skills tests or otherwise fails to comply with and meet the requirements, qualifications and standards of this chapter or 49 CFR Parts 383 and 384 applicable to knowledge testing. d. e. A third-party skills test examinercertified by the department to administer skills tests who is also a skills instructor shall not administer a skills test to an applicant who received skills training from that third-party skills test examiner. e. f. A third-party skills test examiner may only administer CDL skills tests for the examiner’s primary employer, unless authorized by the department to administer CDL skills tests for another county or third-party tester. 607.30(4) Bond. As a condition of certificationin accordance with 49 CFR Section 383.75, an Iowa-based motor carrier or Iowa nonprofit corporationa third-party tester that is not a government agency as defined in Iowa Code section 553.3 must maintain a bond in the amount of $50,000 to pay for the retesting of drivers in the event that the third-party tester or one or more of its third-party skills test examiners are involved in fraudulent activities related to conducting skills tests ofCDL applicants for a commercial driver’s license. 607.30(5) Limitation applicable to Iowa-based motor carriers. An Iowa-based motor carrier certified as a third-party tester may only administer theknowledge or skills test to persons who are enrolled in the Iowa-based motor carrier’s commercial driving instruction program and shall not administerknowledge or skills tests to persons who are not enrolled in that program. 607.30(6) Training and refresher training for third-party skills test examiners. All training and refresher training required under this rule shall be provided by the department, in form and content that meet the recommendations of the American Association of Motor Vehicle Administrators’ International Third-Party Examiner/Tester Certification Program. This rule is intended to implement Iowa Code section 321.187as amended by 2022 Iowa Acts, Senate File 2337, section 1. ITEM 2. Amend rule 761—607.31(321) as follows:761—607.31(321) Test results. 607.31(1) Period of validity. Passing knowledge and skills test results shall remain valid for a period of one year. 607.31(2) Retesting. Subject to rule 761—607.28(321), an applicant shall be required to repeat only the knowledge test(s) or part(s) of the skills test that the applicant failed. An applicant who fails a test shall not be permitted to repeat that test the same day. An applicant may be required to repeat a test if the department determines the test was improperly administered. 607.31(3) Skills test results from other states. As required by 49 CFR Section 383.79, the department shall accept the valid results of a skills test administered to an applicant who is domiciled in the state of Iowa and that was administered by another state, in accordance with 49 CFR Part 383, Subparts F, G and H, in fulfillment of the applicant’s testing requirements under 49 CFR Section 383.71 and the state’s test administration requirements under 49 CFR Section 383.73. The results must be transmitted directly from the testing state to the department as required by 49 CFR Section 383.79. 607.31(4) SkillsKnowledge and skills test results from certified third-party testers. A third-party skills tester certified under rule 761—607.30(321) shall transmit the skills test results of tests administered by the third-party tester through secure electronic means determined by the department. The department may retest any person who has passed aknowledge or skills test administered by a certified third-party tester if it appears to the department that theknowledge or skills test administered by the third-party tester was administered fraudulently or improperly, and as needed to meet the third-party skills test examiner oversight requirements of 49 CFR Section 383.75(a)(5)Parts 383 and 384 applicable to knowledge and skills testing. 607.31(5) Downgrade or cancellation when retesting is required. a. When retesting is required under subrule 607.31(2) or 607.31(4), the department shall notify the person of the requirement to retake the applicable knowledge or skills test. b. If the person fails to contact the department within 30 days after receipt of the notice, fails to appear for a scheduled retest, or fails the knowledge or skills test, the department shall, in accordance with the authority in 49 CFR Section 383.5 and Iowa Code section 321.201, take one of the following actions: (1) Downgrade the person’s commercial driver’s license or commercial learner’s permit if the person held valid noncommercial driving privileges prior to obtaining the license or permit. (2) Cancel the person’s commercial driver’s license or commercial learner’s permit pursuant to 761—subrule 615.7(3) if the applicant did not hold valid noncommercial driving privileges prior to obtaining the license or permit. c. When a person’s commercial driver’s license or commercial learner’s permit has been downgraded or canceled under this subrule, the person must comply with all applicable retesting requirements in order to regain the license or permit, in addition to any other applicable requirements for licensure. This rule is intended to implement Iowa Code sections 321.180, 321.186, 321.187as amended by 2022 Iowa Acts, Senate File 2337, section 1, 321.188 and 321.201.ARC 6520CPublic Employment Relations Board[621]Filed Emergency After NoticeRule making related to submission of voter eligibility lists
The Public Employment Relations Board hereby amends Chapter 15, “Retention and Recertification Elections,” Iowa Administrative Code. Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 20.6(5).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 20.15(2).Purpose and Summary These amendments were adopted after feedback and internal review. The adopted amendments relate to the submission of employee voter eligibility lists for retention and recertification elections. These amendments require employers to submit lists to the agency via secure upload rather than by email. Item 1 requires employers and certified employee organizations to have a representative or agent for service listed in the agency’s secure upload filing system and also requires the employers and certified employee organizations to maintain the accuracy of that information. Items 2 through 4 address retention and recertification voter eligibility lists. These amendments change the process of submission of voter eligibility lists from email to a secure upload filing system. Items 2 and 4 also contain conforming amendments regarding the contents of the voter eligibility lists.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 6413C. A public hearing was held on August 2, 2022, at 10 a.m. via videoconference. The agency received both informal and formal comments regarding language proposed to be stricken in Item 3 requiring employers to notify employee organizations about the submission of the list. As a result of the feedback, the language in Item 3 requiring employers to notify employee organizations about the submission of the list was changed to mirror the language already contained in Item 2.Reason for Waiver of Normal Effective Date Pursuant to Iowa Code section 17A.5(2)“b”(1)(b) and (c), the Board finds that the normal effective date of this rule making, 35 days after publication, should be waived and the rule making made effective on August 22, 2022, because the amended rules ensure the safe upload of Iowa public employees’ personally identifiable information to the agency’s secure upload filing system for the fall 2022 recertification election. Without these amendments, employers may transfer this sensitive data using unsecure email.Adoption of Rule Making This rule making was adopted by the Board on August 22, 2022.Fiscal Impact The use of a secure upload filing system requires an increase in the expenditure of funds by the agency. However, the cost of the secure upload filing system will be offset by the automation of functions, which reduces the agency time necessary to complete such tasks. Additionally, this system will be used for various functions of the agency.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers These rules do not provide for a waiver of their terms, but are instead subject to the agency’s general waiver provisions found at rule 621—1.9(17A,20).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making became effective on August 22, 2022. The following rule-making actions are adopted:
ITEM 1. Amend rule 621—15.1(20) as follows:621—15.1(20) General procedures. The agency shall determine the date of the election or election period, and the place, method, and other procedural aspects of conducting a retention and recertification election held pursuant to Iowa Code chapter 20. Elections shall be conducted under the direction and supervision of the agency or its election agent and shall be by secret ballot.Each election will be assigned a “BU” case number in the agency’s electronic document management system (EDMS). A party shall electronically file all documents in its respective BU case file unless the rules specify otherwise.Employers and certified employee organizations shall have a representative or agent for service listed in the applicable BU case file in EDMSand in the agency’s secure upload filing system. Employers and certified employee organizations have a continuing duty to update the representative or agent for service in the BU case file in EDMSand in the agency’s secure upload filing system. 15.1(1) Election fees. a. The employee organization is responsible for and shall prepay the election fees in accordance with this chapter. b. A certified employee organization may file a written request with the agency for an extension of time in which to pay its election fees. A certified employee organization may file a request after the agency’s filing of its intent to conduct an election, but shall file the request no later than the date the election fee is due as provided in the notice of intent to conduct an election. In no event will the agency conduct an election prior to an employee organization’s payment of election fees. c. A certified employee organization may file notice of nonpayment to indicate that it will not pay the election fees. If the certified employee organization chooses to file a notice of nonpayment, that notice shall be filed after the employer has submitted the voter list pursuant to paragraph 15.2(2)“a,” but no later than the date the election fee is due. The notice shall be signed by an authorized representative of the organization, state that the organization will not pay the election fees, and acknowledge that the agency will not conduct the applicable election and the employee organization’s certification will be revoked. d. The applicable election fee is based upon the number of employees on the voter eligibility list submitted to the agency pursuant to subrule 15.2(2). (1) When the list contains ten or fewer eligible voters, the election fee is $20. When the list contains more than ten eligible voters, the election fee is $2 per eligible voter. When the number of eligible voters on the list for determining fees increases or decreases as contemplated by paragraph 15.2(2)“b” or due to successful challenges pursuant to subrule 15.2(3) and the increases or decreases alter the number of eligible voters by ten or more, the employee organization shall make an additional payment to reflect the increased number of eligible voters or, in the case of a decrease, the agency shall reimburse the employee organization for its overpayment. (2) The agency will not refund the election fee in the event the election fee is paid and the agency has performed duties to conduct the election but the election does not occur. 15.1(2) Date of election. For purposes of this chapter, the date of an election shall be the date on which the ballots were tallied. 15.1(3) Election period. For purposes of this chapter, an election period begins at the time and on the date the agency sets for when eligible voters may first cast a ballot and ends at the time and on the date the agency sets for the tally of ballots. ITEM 2. Amend subrule 15.2(2) as follows: 15.2(2) Initial eligible votereligibility list. a. List for determining fees. (1) The agency will determine the election fee based on the following initial employer-provided list of employees. When the agency files a notice of intent to conduct a retention and recertification election, the employer shall, within seven days of the notice, emailsubmit to the agencythrough the agency’s secure upload filing system an alphabetical list of the names; addresses; email addresses, if known; telephone numbers, if known; and job classifications of the employees in the bargaining unit. When a telephonic/web-based election is ordered, the list of eligible voters shall also include the employee’s date of birth, the last four digits of the employee’s social security number and any other information required by the agency. The employer shall separately email the certified employee organization to confirm that the employer provided the agency with the voter list and will provide the date the list was emailedsubmitted to the agency and the number of employees on the list.The employer shall format the list as prescribed by the agency and securely upload the list to the agency’s secure upload filing system in a manner determined by the agency. (2) The agency shall file the list of eligible voters’ names and job classifications. The agency shall provide to the employee organization the voter list containing the employees’ contact information. b. Final voter eligibility list. (1) When the agency files an order that the retention and recertification election be conducted, the employer shall, within seven days of the order, emailsecurely upload to the agency a secondagency’s secure upload filing system an updated alphabetical list of the names; addresses; email addresses, if known; telephone numbers, if known; and job classifications of the employees eligible to vote.When a telephonic/web-based election is ordered, the list of eligible voters shall also include the employee’s date of birth, the last four digits of the employee’s social security number and any other information required by the agency. If the originalprevious list the employer provided for determining fees is unchanged, the employer does not need to emailupload this secondadditional list. The original list, if unchanged, or this second list will become the final list. The agency shall file the list of eligible voters’ names and job classifications. This list shall become the official eligible votervoter eligibility list for the election to be conductedexcept as provided in subparagraph 15.2(2)“b”(2). The agency shall provide to the employee organization the voter list containing the employees’ contact information. (2) The employer shall not add to or delete from the list any employee name after the submission of the above-described voter eligibility list. By contacting the employer, the certified employee organization may propose additions to or deletions from the list of employees’ namesvoter list. The employer shall securely upload any mutually agreed upon amended list to the agency’s secure upload filing system prior to the date of the election for in-person elections, prior to the date the ballots are mailed for mail-ballot elections, or seven days prior to the commencement of the election period for telephonic/web-based elections. The parties may amend the list by agreement prior to the date of the election for in-person elections, prior to the date the ballots are mailed for mail-ballot elections, or seven days prior to the commencement of the election period for telephonic/web-based elections. ITEM 3. Amend subrule 15.5(4) as follows: 15.5(4) Eligible voterVoter eligibility list for determining election fee. a. The public employer shall emailsubmit to the agencythrough the agency’s secure upload filing system a list of the employees in the bargaining unit in question within seven days of the filing of the notice of intent to conduct an election. This list shall be organized alphabetically and contain the names; addresses; email addresses, if known; telephone numbers, if known; and job classifications of the employees in the bargaining unit. When a telephonic/web-based election is ordered, the list of eligible voters shall also include the employee’s date of birth, the last four digits of the employee’s social security number and any other information required by the agency. The employer shall separately email the certified employee organization to confirm that the employer provided the agency with the voter list and will provide the date the list was emailedsubmitted to the agency and the number of employees on the list.The employer shall format the list as prescribed by the agency and securely upload the list to the agency’s secure upload filing system in a manner determined by the agency. The agency shall file the list of eligible voters’ names and job classifications. The agency shall provide to the certified employee organization the list with the employees’ contact information. The certified employee organization shall use this list to determine the election fee as provided in subrule 15.5(5). b. If the public employer fails to submit the list of eligible voters to the agency by the deadline set in the notice, the agency will not conduct the election and will file an order recertifying the employee organization. ITEM 4. Amend subrule 15.5(6) as follows: 15.5(6) Final voter eligibility list. a. When the agency files an order directing that the retention and recertification election be conducted, the employer shall, within seven days of the order, emailsubmit to the agency a secondthrough the agency’s secure upload filing system an updated alphabetical list of the names; addresses; email addresses, if known; telephone numbers, if known; and job classifications of the employees eligible to vote.When a telephonic/web-based election is ordered, the list of eligible voters shall also include the employee’s date of birth, the last four digits of the employee’s social security number and any other information required by the agency. If theprevious list the employer previously provided pursuant to subrule 15.5(4) is unchanged, the employer does not need to email a subsequentupload this additional list. The agency shall file the list of eligible voters’ names and job classifications. This list shall become the official eligible votingvoter eligibility list for the election to be conductedexcept as provided in subparagraph 15.2(2)“b”(2). The agency shall provide to the certified employee organization the voter list containing the employees’ contact information. b. The employer shall not add to or delete from the list any employee name after the submission of the above-described voter eligibility list. By contacting the employer, the certified employee organization may propose additions to or deletions from the list of employees’ names prior to the date of the election for in-person elections, prior to the date the ballots are mailed for mail-ballot elections, or seven days prior to the commencement of the election period for telephonic/web-based elections. The parties may amend the list by agreement prior to the date of the election for in-person elections, prior to the date the ballots are mailed for mail-ballot elections, or seven days prior to the commencement of the election period for telephonic/web-based elections. [Filed Emergency After Notice 8/22/22, effective 8/22/22][Published 9/21/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/21/22.ARC 6524CManagement Department[541]Adopted and FiledRule making related to suspension and reinstatement of state funds
The Management Department hereby adopts new Chapter 16, “Suspension and Reinstatement of State Funds,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 8.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 27B.5 and 27B.6.Purpose and Summary This rule making establishes procedures and guidelines to deny state funds to a local entity intentionally violating the provisions of Iowa Code chapter 27B and to reinstate eligibility to receive state funds when a local entity comes into compliance with Iowa Code chapter 27B. This rule making establishes the process by which the Department receives a final judicial determination that the local entity is out of compliance with Iowa Code chapter 27B and is ineligible to receive state funds and funds are denied. This rule making also establishes the process by which the Department receives the declaratory judgment that the local entity is in full compliance with Iowa Code chapter 27B and is eligible to receive state funds and state funds are reinstated.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 27, 2022, as ARC 6428C. 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 31, 2022.Fiscal Impact At this time, it is not possible to estimate the total fiscal impact of Iowa Code sections 27B.5 and 27B.6, and this rule making has no fiscal impact to the State beyond that of the Iowa Code sections it is intended to implement.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 541—1.3(8).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 26, 2022. The following rule-making action is adopted:
ITEM 1. Adopt the following new 541—Chapter 16: CHAPTER 16SUSPENSION AND REINSTATEMENT OF STATE FUNDS541—16.1(27B) Denial of state funds. 16.1(1) Definitions. For purposes of this chapter: "City" means a municipal corporation but does not include a county, township, school district, or any special-purpose district or authority. "County" means an administrative subdivision in the state governed by a locally elected board of supervisors and may be comprised of subdivisions, including cities, townships, school districts, or any special-purpose district or authority. "Declaratory judgment" means a judgment issued by a district court declaring a local entity is in full compliance with Iowa Code chapter 27B. "Department" means the Iowa department of management, pursuant to Iowa Code chapter 8. "Final judicial determination" means a district court ruling on a civil action brought by the state attorney general’s office finding a local entity to have violated the provisions of Iowa Code chapter 27B. "Fiscal year" means the time period beginning on July 1 and ending the following June 30, as defined in Iowa Code section 8.36. "Governing body" means the mayor and city council of a city or the board of supervisors of a county. "Local entity" means the governing body of a city or county and includes an officer or employee of a local entity or a division, department, or other body that is part of a local entity, including but not limited to a sheriff, police department, city attorney, or county attorney. “Local entity” includes local city and county boards and commissions in which membership on the board or commission is the result of an appointment by the city council or the county board of supervisors. “Local entity” does not include local city and county boards and commissions whose membership is determined by election or is specifically set forth by the Iowa Code. “Local entity” does not include multijurisdictional boards and commissions in which a city or county is one of multiple local government members. "State agency" means any board, commission, department or other administrative office or unit of the executive branch of the state as defined by Iowa Code section 7E.4. "State funds" means those funds held by the state that originate from revenues, fees or receipts collected by the state and distributed to local entities. Funds held by the state that are not defined as state funds include:- Federal funds (unless provided to the state and awarded as a grant by the state).
- Funds paid out per gubernatorial or presidential emergency proclamation.
- Any revenue collected and administered by the state on behalf of a local entity due to a locally imposed tax, fee or fine.
- Any state funds for the provision of wearable body protective gear used for law enforcement purposes.
- Payment for public protection, utilities, or goods and services.
- Payment of settlements.
- Setoffs as described by Iowa Code section 8A.504.
Rule making related to controlled substances
The Board of Pharmacy hereby amends Chapter 10, “Controlled Substances,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 124.201.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 124.201.Purpose and Summary This rule making temporarily places seven substances (synthetic opioid-related substances) into Schedule I and one substance (a new U.S. Food and Drug Administration (FDA)-approved medication to treat insomnia) into Schedule IV of the Iowa Controlled Substances Act in response to similar action taken by the federal Drug Enforcement Administration.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 1, 2022, as ARC 6334C. 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 24, 2022.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on October 26, 2022. The following rule-making actions are adopted:
ITEM 1. Rescind subrule 10.39(2) and adopt the following new subrule in lieu thereof: 10.39(2) Amend Iowa Code section 124.204(9) by adding the following new paragraphs: y. 2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine and its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers. Other name: Butonitazene. z. 2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine and its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers. Other names: Etodesnitazene; etazene. aa. N,N-diethyl-2-(2-(4-fluorobenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine and its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers. Other name: Flunitazene. ab. N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine and its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers. Other name: Metodesnitazene. ac. N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine and its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers. Other name: Metonitazene. ad. 2-(4-ethoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H-benzimidazole and its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers. Other names: N-pyrrolidino etonitazene; etonitazepyne. ae. N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine and its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers. Other name: Protonitazene. ITEM 2. Adopt the following new subrule 10.39(8): 10.39(8) Amend Iowa Code section 124.210(3) by adding the following new paragraph: bg. Daridorexant. [Filed 8/29/22, effective 10/26/22][Published 9/21/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/21/22.ARC 6522CPharmacy Board[657]Adopted and FiledRule making related to records of compounded preparations
The Board of Pharmacy hereby amends Chapter 20, “Compounding Practices,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 147.76.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 147.76.Purpose and Summary This rule making requires documentation of all ingredient sources, lot numbers, and expiration dates and the steps involved in the compounding process for all nonsterile and sterile compounded preparations. This rule making also separates rule 657—20.23(124,126,155A) into subrules for clarity.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 6333C. A public hearing was held on June 23, 2022, at 10 a.m. in the Health Professions Board Room, 400 S.W. 8th Street, Suite H, Des Moines, Iowa. No one attended the public hearing. The Board received five comments about the proposed rule making. Three commenters expressed concern about documenting steps of a preparation when simply following a manufacturer’s package insert. One commenter suggested a modification to the term “source” to alleviate confusion. One commenter suggested that the proposed requirement to include the steps involved in compounding implied that a pharmacy would be required to maintain a Master Formulation Record, currently only required by United States Pharmacopoeia (USP) General Chapter 797 (standards for sterile compounded preparations) for compounding preparations for more than one patient or from nonsterile ingredients. The Board declined action on the comments relating to preparations made following a manufacturer’s package insert because that practice is excluded from the definition of “compounding” and, thus, would not be subject to these documentation requirements. The Board also declined action on the comment relating to a Master Formulation Record because the amendment does not require a Master Formulation Record but instead requires only the addition of the compounding steps on a pharmacy’s compounding record. The Board agreed with the commenter’s concern about the confusion that could arise from the term “source,” deleted the word “source” from paragraph 20.23(2)“a,” and instead now requires documentation of each ingredient’s “manufacturer or National Drug Code (NDC).”Adoption of Rule Making This rule making was adopted by the Board on August 24, 2022.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on October 26, 2022. The following rule-making action is adopted:
ITEM 1. Amend rule 657—20.23(124,126,155A) as follows:657—20.23(124,126,155A) Records. 20.23(1) Retention. All records required by this chapter shall be retained as original records of the pharmacy or outsourcing facility and shall be readily available for inspection and photocopying by agents of the board or other authorized authorities for at least two years following the date of the record. 20.23(2) Required elements. Records shall allow for the identification of allthe following: a. Allingredients used in compounding, allincluding manufacturer or National Drug Code (NDC), lot number, and expiration date. b. The compounding steps involved in the preparation. c. Allpersonnel involved in compounding, and all. d. All personnel involved in reviewing compounded preparations. 20.23(3) Batch disbursements. The pharmacy or outsourcing facility shall maintain records documenting the disbursements from each batch of a compounded preparation. [Filed 8/29/22, effective 10/26/22][Published 9/21/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/21/22.ARC 6525CRevenue Department[701]Adopted and FiledRule making related to the application of assessment limitations by county auditors
The Revenue Department hereby amends Chapter 71, “Assessment Practices and Equalization,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 421.14, 421.17(1), 421.17(4) and 441.21(9).State or Federal Law Implemented This rule making implements, in whole or in part, 2022 Iowa Acts, House File 2552, division XI.Purpose and Summary This rule making addresses the application of the first of two assessment limitation tiers for commercial, industrial, and railway property assessed under Iowa Code chapter 434. 2022 Iowa Acts, House File 2552, division XI, repeals the Business Property Tax Credit under Iowa Code chapter 426C on July 1, 2024, and creates a two-tier assessment limitation for properties classified as commercial, industrial, and railway property assessed under Iowa Code chapter 434 for assessment years beginning on or after January 1, 2022. The first tier of assessment limitation provides that the first $150,000 of value for properties classified as commercial, industrial, and railway property assessed under Iowa Code chapter 434 shall receive the assessment limitation percentage applicable to residential property. For the second tier, any value in excess of $150,000 for commercial, industrial, and railway properties assessed under Iowa Code chapter 434 shall receive a 90 percent assessment limitation. This rule making requires county auditors to apply the first tier of the assessment limitation proportionately by percentage of total value among the parcels for property units that are comprised of multiple parcels. Citations in the rule to Iowa Code section 441.21 reflect that section as amended by 2022 Iowa Acts, House File 2552, sections 36 and 37.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 27, 2022, as ARC 6429C. The Department received one comment from the Iowa League of Cities (ILC). ILC commented on the fiscal impact portion of the rule making, referring to the Fiscal Note for House File 2552. The Department has fully considered the comment from ILC and does not anticipate that prescribing a formula for the application of the assessment limitations via rule will produce a fiscal impact beyond what is described in the Fiscal Note for House File 2552. The fiscal impact portion of this rule making has been updated to state that the rule making has no fiscal impact to the State of Iowa beyond the legislation it is meant to implement. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on August 31, 2022.Fiscal Impact This rule making has no fiscal impact to the State of Iowa beyond the legislation it is meant to implement. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 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 26, 2022. The following rule-making action is adopted:
ITEM 1. Adopt the following new rule 701—71.29(441):701—71.29(441) Application of two-tier assessment limitation. 71.29(1) Following receipt of the certification of assessment limitations described in Iowa Code section 441.21(9), the county auditor shall determine the assessed values of property by applying the assessment limitations as required under Iowa Code section 441.21(9). 71.29(2) When a property unit of commercial property, industrial property, or property valued by the department pursuant to Iowa Code chapter 434 is comprised of more than one parcel, the county auditor shall apply the assessment limitations described in Iowa Code sections 441.21(5)“b”(2)(a) and 441.21(5)“c”(2)(a), as applicable, to each parcel within the property unit by dividing 150,000 by the value of the entire property unit and multiplying the quotient by the value of each parcel within the property unit. Any remaining value of each parcel within the property unit shall receive the assessment limitations described in Iowa Code sections 441.21(5)“b”(2)(b) and 441.21(5)“c”(2)(b), as applicable. The assessment limitations shall be applied as whole numbers.Parcel 1 is assessed at $100,000.Parcel 2 is assessed at $100,000.Parcel 3 is assessed at $100,000.The first $50,000 of value of each parcel receives the assessment limitation applicable to residential property. The additional value of each parcel receives the applicable assessment limitation for commercial, industrial, or railway property assessed under Iowa Code chapter 434 described in Iowa Code sections 441.21(5)“b”(2)(b) and 441.21(5)“c”(2)(b).Parcel 1 is assessed at $500,000.Parcel 2 is assessed at $200,000.Parcel 3 is assessed at $100,000.Parcel 4 is assessed at $50,000.The first $88,235 of value of Parcel 1 receives the assessment limitation applicable to residential property. The additional value of the parcel receives the applicable assessment limitation for commercial, industrial, or railway property assessed under Iowa Code chapter 434 described in Iowa Code sections 441.21(5)“b”(2)(b) and 441.21(5)“c”(2)(b).The first $35,294 of value of Parcel 2 receives the assessment limitation applicable to residential property. The additional value of the parcel receives the applicable assessment limitation for commercial, industrial, or railway property assessed under Iowa Code chapter 434 described in Iowa Code sections 441.21(5)“b”(2)(b) and 441.21(5)“c”(2)(b).The first $17,647 of value of Parcel 3 receives the assessment limitation applicable to residential property. The additional value of the parcel receives the applicable assessment limitation for commercial, industrial, or railway property assessed under Iowa Code chapter 434 described in Iowa Code sections 441.21(5)“b”(2)(b) and 441.21(5)“c”(2)(b).The first $8,824 of value of Parcel 4 receives the assessment limitation applicable to residential property. The additional value of the parcel receives the applicable assessment limitation for commercial, industrial, or railway property assessed under Iowa Code chapter 434 described in Iowa Code sections 441.21(5)“b”(2)(b) and 441.21(5)“c”(2)(b).Parcel 1 is assessed at $400,000.Parcel 2 is assessed at $100,000.The first $120,000 of value of Parcel 1 receives the assessment limitation applicable to residential property. The additional value of the parcel receives the applicable assessment limitation for commercial, industrial, or railway property assessed under Iowa Code chapter 434 described in Iowa Code sections 441.21(5)“b”(2)(b) and 441.21(5)“c”(2)(b).The first $30,000 of value of Parcel 2 receives the assessment limitation applicable to residential property. The additional value of the parcel receives the applicable assessment limitation for commercial, industrial, or railway property assessed under Iowa Code chapter 434 described in Iowa Code sections 441.21(5)“b”(2)(b) and 441.21(5)“c”(2)(b). This rule is intended to implement Iowa Code sections 441.21(5) and 441.21(9) as amended by 2022 Iowa Acts, House File 2552. [Filed 8/31/22, effective 10/26/22][Published 9/21/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/21/22.ARC 6523CVeterinary Medicine Board[811]Adopted and FiledRule making related to veterinarian/client/patient relationships
The Veterinary Medicine Board hereby amends Chapter 1, “Description of Organization and Definitions,” and Chapter 12, “Standards of Practice,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 169.5.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 169.5.Purpose and Summary Some of the requirements for a veterinarian/client/patient relationship (VCPR), including a veterinarian’s responsibilities in an emergency setting, were previously set forth in the American Veterinary Medical Association’s document, referenced in the rules, titled Principles of Veterinary Medical Ethics. The Board removed references to the document and adopted its own ethics rules in a separate rule making, ARC 6212C, IAB 2/23/22, which became effective on March 30, 2022. The rule requires a VCPR before a veterinarian may provide medical care or prescribe medications to a patient. The Board adopted additional amendments to the VCPR requirements on December 30, 2021, in ARC 6171C, IAB 2/9/22, which require a physical examination of the patient or visits to the premises within the past 12 months to establish a VCPR. The Administrative Rules Review Committee (ARRC), at its March 7, 2022, meeting, delayed the effective date of that rule making by 70 days from April 1, 2022, to June 10, 2022. This rule making addresses public comments made during the previous two rule makings and at Board meetings. Currently, a VCPR is established when three criteria are met. This rule making clarifies and revises two of the criteria to allow a VCPR for groups of animals and allows a licensed veterinarian with a VCPR to designate another licensed veterinarian to consult or provide backup care. This rule making clarifies and addresses the responsibilities of veterinarians who provide services in an emergency setting, which were previously explained in the rule-referenced document. This rule making establishes an applicability date to avoid retroactive application of the 12-month requirement as required in ARC 6171C.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 6403C. This rule making was also adopted and filed emergency and published in the Iowa Administrative Bulletin as ARC 6397C on the same date. One public comment was received, which suggested minor alterations to the proposed amendments to provide additional clarity. These changes have been incorporated. The proposed definition for “premises” was not adopted because the term is used in other instances in the chapter in which the definition would not make sense. The substance of the definition has been incorporated into the relevant item of the rule making. Additionally, the word “temporarily” has been added to subparagraph 12.1(1)“b”(3) to clarify that the VCPR designation is for a limited period of time.Adoption of Rule Making This rule making was adopted by the Board on August 25, 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 811—Chapter 14.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 26, 2022, at which time the Adopted and Filed Emergency rule making is hereby rescinded. The following rule-making actions are adopted:
ITEM 1. Amend rule 811—1.4(17A,169), introductory paragraph, as follows:811—1.4(17A,169) Definitions. As used in thesethe rulesof the board, unless the context otherwise requires: ITEM 2. Adopt the following new definitions of “Emergency” and “Physical examination” in rule 811—1.4(17A,169): "Emergency" means that an animal has been placed in a life-threatening condition and immediate treatment is necessary to sustain life or that death is imminent, and action is necessary to relieve extreme pain or suffering. "Physical examination" means a veterinarian is physically proximate, hands-on to the patient and subjectively and objectively evaluates the patient’s health status through the use of observation, auscultation, palpation, percussion or manipulations, or, for a group of patients, the veterinarian is physically proximate to the group of patients and has subjectively and objectively assessed a representative sample of the patients. ITEM 3. Amend rule 811—12.1(169) as follows:811—12.1(169) Veterinarian/client/patient relationships. 12.1(1) The board shall determine, on a case-by-case basis, if a valid veterinarian/client/patient relationship exists. This relationship shall be deemed to exist when all of the following criteria have been met: a. The licensed veterinarian has assumed the responsibility for making medical judgments regarding the health of the patient and the need for medical treatment, and the client has agreed to follow the instructions of the licensed veterinarian; b. The licensed veterinarian has sufficient knowledge of the patient to initiate at least a general or preliminary diagnosis of the medical condition of the patient. Sufficient knowledge means that the licensed veterinarian has recently seen or is personally acquainted with thekeeping and care of the patient by virtue of a physical examination of the patient within the past 12 months or a visit to the premises where the patient is kept within the past 12 months; andany of the following: (1) A physical examination of the patient within the past 12 months; (2) A professional visit within the past 12 months to the premises where the patient or representative patients are housed, kept, located, or grazed; or (3) The licensed veterinarian has been temporarily designated by a licensed veterinarian, who has a prior veterinarian/client/patient relationship, to provide reasonable and appropriate medical care. The veterinarian making the designation shall have met the requirements of either subparagraph 12.1(1)“b”(1) or 12.1(1)“b”(2), and the designated veterinarian must have access to the patient’s medical records.The 12-month time period in paragraph 12.1(1)“b” shall not apply until June 14, 2023. c. The licensed veterinarian is readily available or provides for follow-upcare in case of adverse reactions or failure of the regimen of therapy, or, if unavailable, has designated another available licensed veterinarian who has access to the patient’s records to provide reasonable and appropriate medical care. 12.1(2) A valid veterinarian/client/patient relationship cannot be established by contact solely based on a telephonic or electronic communication. 12.1(3) In the absence of a veterinarian/client/patient relationship: a. Any advice which is provided through electronic means must be general and not specific to a particular animal or its diagnosis or treatment. b. Advice and recommendations may be provided via veterinary telephonic or electronic communication in an emergency, but only until the animal can be examined in person by a licensed veterinarian. 12.(3) 12.1(4) Both the licensed veterinarian and the client have the right to establish or decline a valid veterinarian/client/patient relationship. Once the licensed veterinarian and the client have agreed and entered into a relationship, and the licensed veterinarian has begun patient care, the licensed veterinarian may not neglect the patient and must continue to provide professional services related to the patient’s injury or illness within the previously agreed limits. As subsequent needs and costs for patient care are identified, the licensed veterinarian and the client must confer and reach agreement on the continued care and responsibility for fees. If the informed client declines future care or declines to assume responsibility for the fees, the relationship may be terminated by either party. 12.(4) 12.1(5) If no ongoing medical condition exists, a licensed veterinarian may terminate a valid veterinarian/client/patient relationship by notifying the client that the licensed veterinarian no longer wishes to serve that patient and client. However, if an ongoing medical or surgical condition exists, the patient should be referred to another licensed veterinarian for diagnosis, care, and treatment and the former attending licensed veterinarian should continue to provide care as needed during the transition. 12.(5) 12.1(6) Concerns about licensed veterinarian or staff safety may result in immediate termination of the veterinarian/client/patient relationship. 12.1(7) In emergencies, a veterinarian has an ethical responsibility to provide essential services for an animal when necessary to save the animal’s life or relieve extreme suffering, subsequent to a client agreement (or until such agreement can be obtained when a client is not present or cannot be reached). Such emergency care may be limited to relieve extreme pain or suffering, or to stabilization of the patient for transport to another source of animal care or euthanasia when deemed necessary by the veterinarian. When a veterinarian cannot be available to provide services, the veterinarian should provide readily accessible information to assist a client in obtaining emergency services, consistent with the needs of the locality. In an emergency, if a veterinarian does not have the expertise or the necessary equipment and facilities to adequately diagnose or treat a patient, the veterinarian should advise the client that more qualified or specialized services are available elsewhere and offer to expedite referral to those services. 12.1(8) A licensed veterinarian who in good faith engages in the practice of veterinary medicine by rendering or attempting to render emergency or urgent care to a patient when a client cannot be identified, and a veterinarian/client/patient relationship is not established, shall not be subject to discipline based solely on the veterinarian’s inability to establish a veterinarian/client/patient relationship. [Filed 8/29/22, effective 10/26/22][Published 9/21/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/21/22.