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    Bulletin 10-19-2022

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    ARC 6602CBanking Division[187]Notice of Intended Action

    Proposing rule making related to scope and application and providing an opportunity for public comment

        The Iowa Division of Banking hereby proposes to amend Chapter 1, “Description of Organization,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 524.213.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 524.Purpose and Summary    The Division completed its comprehensive review of all administrative rules pursuant to Iowa Code section 17A.7(2) in 2022 and identified rules 187—1.2(17A,524) and 187—1.3(17A,524) as in need of revision. Rule 187—1.2(17A,524) as currently written is confusing, and the proposed amendment to that rule, along with the amendment to rule 187—1.3(17A,524) and the addition of a chapter implementation sentence, is intended to clarify the scope and application of Chapter 1.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Division for a waiver of the discretionary provisions, if any, pursuant to 187—Chapter 12.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 Division no later than 4:30 p.m. on November 8, 2022. Comments should be directed to:Zak Hingst Iowa Division of Banking 200 East Grand Avenue, Suite 300 Des Moines, Iowa 50309-1827 Email: zak.hingst@idob.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 rule 187—1.2(17A,524) as follows:

    187—1.2(17A,524) Scope and application.  This chapter describes the office of the superintendent andidentifies the established place at which, the employees from whom, and the methods whereby the public may obtain informationfrom, make submittals on requestsof, or obtain decisionsfrom the superintendent on matters within the authority of the superintendent.

        ITEM 2.    Amend rule 187—1.3(17A,524) as follows:

    187—1.3(17A,524) Division of banking.      1.3(1) Organization—division.  The division of banking is a subdivision of the department of commerce and consists of the superintendent and those employees who discharge the duties and responsibilities imposed upon the superintendent by the laws of this state. The superintendent has general control, supervision and regulatory authority over all entities which the division is given authority to regulate pursuant to the Code of Iowa. The division consists of three separate bureaus: the bank bureau, the finance bureau, and the professional licensing and regulation bureau. The bank bureau has primary responsibility relating to the supervision, regulation, and chartering of state banks. The finance bureau has primary responsibilities relating to the supervision, regulation, and licensing of appraisal management companies, closing agents, debt management businesses, delayed deposit services businesses, industrial loan companies, money services businesses, mortgage bankers, mortgage brokers, mortgage loan originators, real estate appraisers, and regulated loan companies. The professional licensing and regulation bureau has primary responsibilities relating to the regulation and licensing of specified professions by providing administrative support to and coordinating the activities of the following licensing boards: the Iowa accountancy examining board, the architectural examining board, the engineering and land surveying examining board, the interior design examining board, the landscape architectural examining board, and the real estate commission.     1.(1) 1.3(2) Organization—superintendent.  The superintendent is the administrator of the division. The superintendent is appointed by the governor, by and with the approval of the senate, for a term of four years. The superintendent’s office is located at 200 East Grand Avenue, Suite 300, Des Moines, Iowa 50309-1827. The superintendent is assisted by the following officials who are responsible to the superintendent:    a.    Bank bureau chief.The bank bureau chief performs such duties as the superintendent prescribes, including general supervision of all bank examining personnel, administration and supervision of regulatory examinations, and administration and supervision of all matters relating to the exercise of banking powers authorized by the laws of this state.     b.    Bank analysts.Bank analysts perform such duties as the superintendent prescribes, including advanced technical analysis and review of examination and financial reports of banks and bank holding companies; assessing, measuring, and monitoring the risk conditions in state banks and bank holding companies; assisting the superintendent and banking council in the analysis of applications submitted to the division for approval; and the review and analysis of bank examination reports.    c.    Finance bureau chief.The finance bureau chief performs duties prescribed by the superintendent, including general supervision over all matters relating to the licensing and supervision of appraisal management companies, closing agents, debt management businesses, delayed deposit services businesses, industrial loan companies, money services businesses, mortgage bankers, mortgage brokers, mortgage loan originators, real estate appraisers, and regulated loan companies.    d.    Chief operating officer.The chief operating officer performs duties prescribed by the superintendent, including management of the administrative functions, information technology needs, and fiscal affairs of the division of banking. The chief operating officer is also responsible for administration of personnel policies, work rules, payrolls, and employee benefits for all employees of the division.    e.    Examiners.Each examiner performs duties prescribed by the superintendent in a manner consistent with the laws of this state and may be predominantly trained in an area within the jurisdiction of the superintendent. Bank examinations are performed by examining personnel situated in examination regions throughout the state. Each region is headed by a regional manager who is assisted by a staff of examiners.     f.    Professional licensing and regulation bureau chief.The professional licensing and regulation bureau chief performs such duties as the superintendent prescribes, including budgetary and personnel matters related to the licensing and regulation of several professions, by providing administrative support to and coordinating the activities of the following licensing boards: the Iowa accountancy examining board created pursuant to Iowa Code chapter 542, the engineering and land surveying board created pursuant to Iowa Code chapter 542B, the real estate commission created pursuant to Iowa Code chapter 543B, the architectural examining board created pursuant to Iowa Code chapter 544A, the landscape architectural examining board created pursuant to Iowa Code chapter 544B, and the interior design examining board created pursuant to Iowa Code chapter 544C.    1.3(2) Field organization.  Rescinded IAB 10/9/96, effective 11/13/96.       This rule is intended to implement Iowa Code sections 17A.3 and 524.208.

        ITEM 3.    Adopt the following new implementation sentence in 187—Chapter 1:       These rules are intended to implement Iowa Code sections 17A.3 and 524.208.    ARC 6603CBanking Division[187]Notice of Intended Action

    Proposing rule making related to state banks and providing an opportunity for public comment

        The Iowa Division of Banking hereby proposes to amend Chapter 2, “Application Procedures,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 524.213.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 524.213, 524.312, 524.314, 524.1405, 524.1410, 524.1413, 524.1415, 524.1505, 524.1508 and 524.1509 and section 524.802A as enacted by 2022 Iowa Acts, Senate File 586, section 73.Purpose and Summary    This proposed rule making addresses several issues identified during the Division’s most recent comprehensive review of administrative rules, completed in 2022 pursuant to Iowa Code section 17A.7(2), and makes several conforming changes based on amendments to Iowa Code chapter 524 that were adopted in 2022 Iowa Acts, Senate File 586.    The proposed rule making amends rule 187—2.2(17A,524), regarding the application for conversion from a national bank to a state bank, and rule 187—2.3(17A,524), regarding mergers, to make the use of the term “state bank” consistent throughout both rules. A proposed amendment to rule 187—2.5(17A,524) updates the name of an application to reflect the statutory language of a “change of location of the principal place of business” of a state bank and implements the new requirement, enacted by Senate File 586, section 36, for the Superintendent of Banking to approve or disapprove an application within 90 days. The proposed amendment to rule 187—2.7(17A,524) adds language regarding the manner in which the Superintendent must make a decision on applications to renew, amend, or restate the articles of incorporation of a state bank that mirrors similar language in the other application rules found in Chapter 2.    The Division also proposes to adopt a new rule establishing an application process for state banks that wish to engage in new or innovative electronic activities pursuant to new Iowa Code section 524.802A. This new Iowa Code section expressly authorizes the Superintendent to adopt administrative rules to implement the new provisions, and the proposed rule establishes a process for review by the bank’s board of directors, criteria for a formal application, a process for the Superintendent to approve or disapprove of applications, and other relevant factors for applicants to consider.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Division for a waiver of the discretionary provisions, if any, pursuant to 187—Chapter 12.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 Division no later than 4:30 p.m. on November 8, 2022. Comments should be directed to:Zak Hingst Iowa Division of Banking 200 East Grand Avenue, Suite 300 Des Moines, Iowa 50309-1827 Email: zak.hingst@idob.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 rule 187—2.2(17A,524) as follows:

    187—2.2(17A,524) Conversion of national bank into state bank.      2.2(1) Application.  A national bank desiring to become a state-charteredstate bank should first meet with the superintendent to discuss the proposal. An application and supplementary forms may be obtained for submission to the superintendent.    2.2(2) Examination and investigation.  The superintendent may conduct an examination or investigation of the national bank as deemed necessary.    2.2(3) Decision.  The superintendent shall approve or deny the application within 90 days after the application has been accepted for processing. The decision by the superintendent shall be conveyed in writing to the applicant.    2.2(4) Corporate documents.  If approval is granted, articles of conversion with a plan of conversion attached shall be delivered to the secretary of state for filing and recording.    2.2(5) Commencement of business as state-charteredstate bank.  The conversion shall be effective as of the date of filing of articles of conversion in the office of the secretary of state unless a later date is specified in the articles of conversion. The superintendent’s Authorization To Do Business as a state-charteredstate bank will be issued to be effective on the date of conversion.    2.2(6) Resulting state-charteredstate bank.  The resulting state bank shall submit the oath of directors, list of shareholders, and certificate of elections and appointments to the superintendent on forms to be provided by the superintendent. The oath of directors is to be signed prior to the first meeting of the board of directors following the effective date of the conversion. The list of shareholders is to be completed as of the effective date of conversion.       This rule is intended to implement Iowa Code sections 524.1410 and 524.1413 to 524.1415.

        ITEM 2.    Amend rule 187—2.3(17A,524) as follows:

    187—2.3(17A,524) Merger or purchase and assumption.      2.3(1) Definition.  For purposes of this rule, the term “merger” means a merger in which the resulting bank is a state-charteredstate bank.    2.3(2) Application.  State banks or national and state banks desiring to merge or a state bank desiring to purchase the assets and assume the liabilities of another bank should first meet with the superintendent to discuss the proposal. An application and supplementary forms may be obtained for submission to the superintendent.    2.3(3) State-charteredState bank as seller.  In the case of a purchase and assumption, if the bank being acquired is a state bank, appropriate forms and instructions for the voluntary liquidation of the bank may be obtained from the superintendent.    2.3(4) Examination and investigation.  The superintendent may conduct an examination or investigation as deemed necessary.    2.3(5) Decision.  The superintendent shall approve or deny the application within 90 days after the purchase and assumption application has been accepted for processing and within 180 days after the merger application has been accepted for processing. The decision by the superintendent shall be conveyed in writing to the applicant. If the application is approved, the superintendent shall issue the appropriate authorizations.    2.3(6) Cash out merger.  Rescinded IAB 10/10/18, effective 11/14/18.       This rule is intended to implement Iowa Code sections 524.1401 to 524.1405.

        ITEM 3.    Amend rule 187—2.5(17A,524) as follows:

    187—2.5(17A,524) Change of location of principal place of business or bank office.      2.5(1) Application.  A state bank desiring to relocate its principal place of business or a bank office shall submit to the superintendent an “Application to Move Main Office or Bank Office,”Relocate the Principal Place of Business” or “Application to Relocate a Bank Office,” which isare availableon the division’s website or upon request.    2.5(2) Investigation.  The superintendent may conduct an investigation as deemed necessary.    2.5(3) Decision.  The superintendent shall approve or deny the application within 18090 days after the application has been accepted for processing. The decision by the superintendent shall be conveyed in writing to the applicant. If the application is approved, the superintendent shall issue the appropriate authorizations for the conduct of business at the new location.       This rule is intended to implement Iowa Code section 524.312.

        ITEM 4.    Amend subrule 2.7(4) as follows:    2.7(4) Decision.  Rescinded IAB 10/10/18, effective 11/14/18.The superintendent shall approve or deny the application within 90 days after the application has been accepted for processing. The decision by the superintendent shall be conveyed in writing to the applicant. If the application is approved, the renewed, amended, or restated articles of incorporation will be approved and forwarded to the secretary of state for filing and recording. Upon filing such articles, the secretary of state will return the original to the state bank and will also issue a certificate to the state bank indicating the date the filing was effective. Thereafter, the state bank will operate in accordance with its renewed, amended, or restated articles of incorporation.

        ITEM 5.    Adopt the following new rule 187—2.18(17A,524):

    187—2.18(17A,524) New or innovative electronic activities.      2.18(1) Scope.  Iowa Code section 524.802A as enacted by 2022 Iowa Acts, Senate File 586, authorizes a state bank to engage in new or innovative electronic activities that are part of the business of banking. When considering a proposal to engage in new or innovative electronic activities, the superintendent will consider whether the activity is expressly authorized for state banks under Iowa Code chapter 524, whether the activity is the functional equivalent or a logical extension of any activity authorized for state banks, whether the state bank has the expertise necessary to understand and manage the activity and the associated risks, and whether the activity presents similar risks to those state banks already assume.    2.18(2) Board responsibilities.  The board of directors of a state bank considering engaging in a new or innovative electronic activity shall first evaluate the risks associated with the proposed new or innovative electronic activity and ensure that the state bank conducts the proposed new or innovative electronic activities in compliance with Iowa Code section 524.802A(3) as enacted by 2022 Iowa Acts, Senate File 586.    2.18(3) Application.  A state bank desiring to engage in new or innovative electronic activities should first meet with the superintendent to discuss the proposed electronic activities. After meeting with the superintendent, a state bank proposing to engage in new or innovative electronic activities shall submit a formal proposal to the superintendent that shall, at a minimum, contain the following information:    a.    A description of the proposed new or innovative electronic activities, including how the proposed electronic activities align with the strategy and business objectives of the state bank.    b.    A description of any state or federal laws and regulations expected to apply to the proposed electronic activities. Examples: compliance (terms, conditions, disclosures), Bank Secrecy Act, federal securities laws.    c.    A description of the state bank’s corporate governance process that will oversee the proposed electronic activities, including ongoing monitoring to identify and handle any problems or incidents that may arise.    d.    A description of the resources and management information systems necessary to oversee the electronic activities.    e.    Due diligence materials, including risk assessments (e.g., operational risk, liquidity risk, strategic risk, compliance risk) and information on third-party relationships.    f.    A description of any other licenses or approvals required from any regulatory authority to engage in the proposed new or innovative electronic activities.    g.    A description of the capital position of the state bank in relation to the risks associated with the proposed new or innovative electronic activities.    h.    A description of the state bank’s exit strategy for the proposed new or innovative electronic activity if the activity proves unsuccessful.    2.18(4) Investigation.  The superintendent may investigate as deemed necessary.    2.18(5) Decision.  The superintendent shall approve or deny the application, and the decision by the superintendent shall be conveyed in writing to the applicant.    2.18(6) Other relevant factors.  The following provisions apply to a state bank seeking approval to engage in new or innovative electronic activities pursuant to Iowa Code section 524.802A as enacted by 2022 Iowa Acts, Senate File 586:    a.    The state bank shall contact its primary federal regulator to determine any federal legal requirements that may apply to the proposed activity and the permissibility of the activity under applicable federal law.    b.    Upon approval to engage in a new or electronic activity, a state bank that shares any electronic space, including a co-branded website, with a bank subsidiary, affiliate, or any other third party, must take reasonable steps to clearly, conspicuously, and understandably distinguish between the products and services offered by the state bank and those offered by the state bank’s subsidiary, affiliate, or any other third party.       This rule is intended to implement Iowa Code section 524.802A as enacted by 2022 Iowa Acts, Senate File 586.    ARC 6604CBanking Division[187]Notice of Intended Action

    Proposing rule making related to the general definition of “bank” and providing an opportunity for public comment

        The Iowa Division of Banking hereby proposes to amend Chapter 8, “General Banking Powers,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 524.213.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 524.103 as amended by 2022 Iowa Acts, Senate File 586.Purpose and Summary    This proposed rule making updates the definition of the term “bank” in rule 187—8.9(524) to reflect the updated definition of the term “bank” in Iowa Code section 524.103 as amended by 2022 Iowa Acts, Senate File 586, section 6.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Division for a waiver of the discretionary provisions, if any, pursuant to 187—Chapter 12.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 Division no later than 4:30 p.m. on November 8, 2022. Comments should be directed to:Zak Hingst Iowa Division of Banking 200 East Grand Avenue, Suite 300 Des Moines, Iowa 50309-1827 Email: zak.hingst@idob.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 action is proposed:

        ITEM 1.    Amend rule 187—8.9(524) as follows:

    187—8.9(524) General definition of bank.  It is the superintendent’s intent that the term “bank” used in Iowa Code section 524.103(8)524.103 means a corporation organized under Iowa Code chapter 524, or a corporation organized under 12 U.S.C. §21, a corporation organized under 12 U.S.C. §1464, or an out-of-state bank as defined in Iowa Code section 524.103. The general definition of “bank” as set forth in Iowa Code section 524.103(8)524.103 does not include a federal savings association, state credit union, or federal credit union.       This rule is intended to implement Iowa Code section 524.103(8)524.103.    ARC 6605CBanking Division[187]Notice of Intended Action

    Proposing rule making related to legal lending limits and providing an opportunity for public comment

        The Iowa Division of Banking hereby proposes to amend Chapter 9, “Investment and Lending Powers,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 524.213.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 524.904 as amended by 2022 Iowa Acts, Senate File 586, sections 85 through 88.Purpose and Summary    This proposed rule making is intended to update language to reflect changes made to the statutory legal lending limit. The existing language refers to an extra borrowing privilege for loan or lease amounts secured by certain collateral, and this extra borrowing privilege was based on analogous privileges codified in Iowa Code section 524.904. These statutory provisions were amended by 2022 Iowa Acts, Senate File 586, to remove extra borrowing privileges for loan or lease amounts secured by the types of collateral identified in the current rule language. Therefore, the Division proposes to amend paragraph 9.3(3)“a” to accurately reflect the current legal lending limits.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Division for a waiver of the discretionary provisions, if any, pursuant to 187—Chapter 12.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 Division no later than 4:30 p.m. on November 8, 2022. Comments should be directed to:Zak Hingst Iowa Division of Banking 200 East Grand Avenue, Suite 300 Des Moines, Iowa 50309-1827 Email: zak.hingst@idob.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 action is proposed:

        ITEM 1.    Amend paragraph 9.3(3)"a" as follows:    a.    If the obligations acquired carry full recourse endorsements, guaranty, or an agreement to repurchase of the lessor or servicer negotiating the sale of the leases, then the endorser, guarantor, or repurchaser shall also be deemed to be a customer of the bank. This customer’s obligation would be limited to 3515 percent of aggregate capital of the state bank if the amounts exceeding 15 percent of aggregate capital consist of obligations as endorser of negotiable chattel paper negotiated by endorsement with recourse, or as unconditional guarantor of nonnegotiable chattel paper, or as transferor of chattel paper endorsed without recourse subject to a repurchase agreement.    ARC 6598CCollege Student Aid Commission[283]Notice of Intended Action

    Proposing rule making related to health care award program and providing an opportunity for public comment

        The College Student Aid Commission hereby proposes to amend Chapter 26, “Health Care Loan Repayment Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 261.3.State or Federal Law Implemented    This rule making implements, in whole or in part, 2022 Iowa Acts, Senate File 2383.Purpose and Summary    This proposed rule making implements amendments enacted in 2022 Iowa Acts, Senate File 2383. Senate File 2383 changes the Health Care Loan Repayment Program to the Health Care Award Program, removing the requirement for applicants to have federal student loan debt. The legislation also allows a part-time nurse educator to qualify for an award if the individual is also employed as a registered nurse or advanced registered nurse practitioner. In addition, this rule making prioritizes awards to Iowa residents or members of the Iowa National Guard who are in their final year of study, in an attempt to incentivize newly trained individuals to become employed in the identified occupations in service commitment areas.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, pursuant to 283—Chapter 7. Public Comment     Any interested person may submit comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Commission no later than 4:30 p.m. on November 8, 2022. Comments should be directed to:Mark Wiederspan Executive Director Iowa College Student Aid Commission 475 S.W. Fifth Street, Suite D Des Moines, Iowa 50309-4608 Phone: 515.725.3420 Fax: 515.725.3401 Email: mark.wiederspan@iowa.gov or administrative rules website at rules.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 283—Chapter 26, title, as follows:HEALTH CARE LOAN REPAYMENTAWARD PROGRAM

        ITEM 2.    Amend rule 283—26.1(261) as follows:

    283—26.1(261) Health care loan repaymentaward program.  The health care loan repaymentaward program is a state-supported and state-administered program established to repay the qualified student loans ofprovide financial awards to nurse educators teaching at eligible Iowa colleges and universities, as well as applicants who agree to practice as registered nurses, advanced registered nurse practitioners, or physician assistants in service commitment areas for five consecutive years, and who meet the requirements of these rules.

        ITEM 3.    Amend rule 283—26.2(261), definitions of “Advanced registered nurse practitioner,” “Physician assistant,” “Registered nurse” and “Service commitment area,” as follows:        "Advanced registered nurse practitioner" means an individual who graduated from an accredited graduate or postgraduate advanced practice educational program, is licensed by the board of nursing as a registered nurse, is licensed by the board of nursing as an advanced registered nurse practitioner, and is employed as an advanced registered nurse practitioner in an eligible service commitment area.        "Physician assistant" means an individual who graduated with a master’s degree, holds a practitioner’s license to practice as a physician assistant pursuant to Iowa Code chapter 148C, and is employed as a physician assistant in an eligible service commitment area.        "Registered nurse" means a nurse who is licensed by the board of nursing as a registered nurse and is employed as a registered nurse in an eligible service commitment area.        "Service commitment area" means a city in Iowa with a population of less than 26,000 that is located more than 20 miles from a city with a population of 50,000 or more. Locations and distances between cities will be consistently measured and verified by calculating the shortest travel distance on paved roads.After an eligible applicant signs an agreement to practice in a service commitment area, subsequent population increases will not impact that applicant’s continued eligibility for the program, to the extent allowed in rule 283—26.3(261).

        ITEM 4.    Rescind the definition of “Qualified student loan” in rule 283—26.2(261).

        ITEM 5.    Amend rule 283—26.3(261) as follows:

    283—26.3(261) Eligibility requirements.      26.3(1)   An eligible applicant must be:    a.    A student in the final year of a degree program leading to a license to practice as an advanced registered nurse practitioner, nurse educator, physician assistant, or registered nurse.who signs an agreement to practice in a service commitment area for five consecutive years; or    b.    A licensed advanced registered nurse practitioner, physician assistant, or registered nurse who signs an agreement to practice in a service commitment area for five consecutive years; or    c.    A nurse educator who signs an agreement to teach full-time during the fall and spring semesters, or the equivalent, for five consecutive years; or    d.    A nurse educator who teaches at least part-time during the fall and spring semesters, or the equivalent. The individual must also be employed as an advanced registered nurse practitioner or registered nurse in Iowa, and the total hours worked between these occupations must equate to full-time employment. An advanced registered nurse practitioner or registered nurse who signs an agreement to teach at least part-time as a nurse educator is not required to be employed in a service commitment area but is required to work at least part-time as a nurse educator for five consecutive years.    26.3(2)   An eligible applicant must annually complete and file an application for the program by the deadline established by the commission. If funds remain available after the application deadline, the commission will continue to accept applications.    26.3(3)   An eligible applicant must annually complete and return to the commission an affidavit of practice verifying full-time employment, as defined by the employer, in a service commitment area during the entire year as an advanced registered nurse practitioner, physician assistant, or registered nurse, or full-time employment, as defined by the employer, as a nurse educator.A nurse educator who teaches part-time during the fall and spring semesters, or the equivalent, and is also employed as a registered nurse or advanced registered nurse practitioner in Iowa must annually complete and return an affidavit of practice verifying that the total hours worked equates to full-time employment.

        ITEM 6.    Amend rule 283—26.4(261) as follows:

    283—26.4(261) Awarding of funds.      26.4(1) Selection criteria.  All completed applications received on or before the published deadline will be considered for funding. To the extent possible, an equal number of new advanced registered nurse practitioners, nurse educators, physician assistants, and registered nurses will be offered awards based on the availability of appropriated funds. In the event that funding is insufficient to award all eligible applicants within an occupation category, criteria for selection of eligible applicants within each occupation category will be prioritized as follows:    a.    Renewal status. Recipients of awards through the registered nurse and nurse educator loan forgiveness program during the 2018 state fiscal year will be eligible for funding under the health care loan repayment program if the eligible applicants meet the eligibility criteria of the health care loan repayment program. Under this provision, no recipient will receive more than five consecutive awards between the registered nurse and nurse educator loan forgiveness program and the health care loan repayment program;The priority status of the applicant in the first year funding is received will be retained for renewal in priority determinations in future years as long as the applicant continues to meet the criteria in rule 283—26.3(261). Applicants within this category are prioritized as follows:    (1)   Eligible applicants who are Iowa residents and eligible applicants who are members of the Iowa national guard, if requested by the adjutant general;    (2)   Date of application;    b.    Iowa residency statusStudents in the final year of a degree program leading to a license to practice in a specified occupation under this chapter who are Iowa residents or who are members of the Iowa national guard, if requested by the adjutant general; advanced registered nurse practitioners and registered nurses who agree to begin practice as nurse educators on at least a part-time basis and who are Iowa residents or members of the Iowa national guard, if requested by the adjutant general. Applicants within this category are prioritized by date of application;    c.    MembersIowa residents or members of the Iowa national guard, if requested by the adjutant general, who are licensed to practice in a specified occupation under this chapter and who agree to work in a service commitment area but who are not employed in a service commitment area at the time of application.Applicants within this category are prioritized by date of application;    (1)   Members of the Iowa national guard are exempt from the service commitment area requirement, and    (2)   Members of the Iowa national guard must have satisfactorily completed required guard training and must maintain satisfactory performance of guard duty;    d.    Date of application.The most recent graduates of a degree program leading to a license to practice in a specified occupation under this chapter or leading to the qualification to be a nurse educator, with the most recent academic year graduates given priority, who are Iowa residents or members of the Iowa national guard, if requested by the adjutant general. Applicants within this category are prioritized by date of application;    e.    Students in the final year of a degree program leading to a license to practice in a specified occupation under this chapter who are neither Iowa residents nor members of the Iowa national guard requested by the adjutant general; advanced registered nurse practitioners and registered nurses who agree to begin practice as nurse educators on at least a part-time basis and who are neither Iowa residents nor members of the Iowa national guard requested by the adjutant general. Applicants within this category are prioritized by date of application;    f.    Individuals who are neither Iowa residents nor members of the Iowa national guard requested by the adjutant general but who are licensed to practice in a specified occupation under this chapter, and who agree to work in a service commitment area but are not employed in a service commitment area at the time of application. Applicants within this category are prioritized by date of application;    g.    The most recent graduates of a degree program leading to a license to practice in a specified occupation under this chapter or leading to the qualification to be a nurse educator, who are neither Iowa residents nor members of the Iowa national guard requested by the adjutant general, with the most recent academic year graduates given priority. Applicants within this category are prioritized by date of application.    26.4(2) Applicants who are members of the Iowa national guard requested by the adjutant general.  Applicants who are members of the Iowa national guard, if requested by the adjutant general, are subject to the following provisions:    a.    Members of the Iowa national guard are exempt from the service commitment area requirement, and    b.    Members of the Iowa national guard must have satisfactorily completed required guard training and must maintain satisfactory performance of guard duty.    26.(2) 26.4(3) Annual award.  The maximum annual award shall be the lesser of:$6,000.    a.    $6,000, or    b.    Twenty percent of the eligible applicant’s total outstanding qualified student loan.    26.(3) 26.4(4) Extent of repaymentaward.  Eligible applicants may receive loan repaymentan award for no more than five consecutive years. Eligible applicants who fail to receive loan repayment awards in consecutive years will not be considered for subsequent years of loan repaymentawards.    26.(4) 26.4(5) Disbursement of loan repayment funds.      a.    Loan repayment awardsAwards will be disbursed upon completion of the year for which the award was approved and upon certification from the employer that the advanced registered nurse practitioner, nurse educator, physician assistant, or registered nurse was employed full-time, as defined by the employer, during the entire year and completed the year in good standing.    b.    Loan repayment awardsAwards will be distributed to the eligible applicant’s student loan holder and applied directly to qualified student loansdirectly to the eligible applicant.

        ITEM 7.    Amend rule 283—26.5(261) as follows:

    283—26.5(261) Loan repaymentAward cancellation.      26.5(1)   An eligible applicant who has been designated for a loan repaymentan award shall notify the commission within 30 days following termination or cessation of full-time practice in a service commitment area as an advanced registered nurse practitioner, physician assistant, or registered nurse, or; termination or cessation of full-time employment as a nurse educator; or combined full-time employment as a nurse educator and registered nurse or nurse educator and advanced registered nurse practitioner.    26.5(2)   A recipient of an award is responsible for notifying the commission immediately of a change in name, place of employment, or home address.

        ITEM 8.    Amend rule 283—26.6(261) as follows:

    283—26.6(261) Restrictions.  An advanced registered nurse practitioner, nurse educator, physician assistant, or registered nurse who is in default on a qualified student loan or who owes a repayment on any Title IV grant assistance or state award shall be ineligible for loan repayment benefits. Eligibility may be reinstated upon payment in full of the delinquent obligation or by commission ruling on the basis of adequate extenuating evidence presented in appeal under the procedures set forth in 283—Chapters 4 and 5.A recipient of an award under Iowa Code section 261.114 or 261.115 shall not be eligible for an award under this chapter.

        ITEM 9.    Adopt the following new rule 283—26.7(261) as follows:

    283—26.7(261) Transition provisions.  Recipients of awards through the health care loan repayment program during the 2022 state fiscal year will be eligible for funding under the health care award program if the eligible applicants meet the eligibility criteria of the health care award program. Under this provision, no recipient will receive more than five consecutive awards between the health care loan repayment program and the health care award program. Under this provision, recipients can elect to continue to have the award applied directly to previously verified outstanding federal student loans.    ARC 6607CCorrections Department[201]Notice of Intended Action

    Proposing rule making related to physician assistants and providing an opportunity for public comment

        The Corrections Department hereby proposes to amend Chapter 45, “Parole,” Chapter 50, “Jail Facilities,” and Chapter 51, “Temporary Holding Facilities,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 147.77 as enacted by 2022 Iowa Acts, House File 803, and section 904.108.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 147.77 as enacted by 2022 Iowa Acts, House File 803.Purpose and Summary    This proposed rule making implements amendments enacted by 2022 Iowa Acts, House File 803. House File 803 directs the Department to add physician assistants to lists of health care workers who may perform various duties that are within their scope of practice. Fiscal Impact     This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 201—Chapter 7.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 November 8, 2022. Comments should be directed to: Michael Savala Department of Corrections Jessie Parker Building 510 East 12th Street Des Moines, Iowa 50319 Email: michael.savala@iowa.govPublic Hearing    If requested, a public hearing to hear requested oral presentations will be held as follows:November 10, 2022 9 to 10 a.m.Via conference call    Persons who wish to participate in the conference call should contact Michael Savala before 4:30 p.m. on November 8, 2022, to facilitate an orderly hearing. A conference call number will be provided to participants prior to the hearing. The public hearing will be canceled without further notice if no oral presentation is requested by November 8, 2022.    Persons who wish to make oral comments at a 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.    Amend paragraph 45.2(1)"e" as follows:    e.    Substance abuse. The parolee shall not use, purchase, or possess alcoholic beverages and shall submit to alcohol tests and drug tests when directed by the parolee’s supervising officer. The parolee shall not enter taverns or liquor stores or other establishments where the primary activity is the sale of alcoholic beverages. The parolee will not use, ingest, inject, huff, possess or smoke any illegal or synthetic substances. The parolee shall not use, purchase, possess or transfer any drugs unless they are prescribed by a physicianor physician assistant.

        ITEM 2.    Amend rule 201—50.15(356,356A) as follows:

    201—50.15(356,356A) Medical services.  The jail administrator shall establish a written policy and procedure to ensure that prisoners have the opportunity to receive necessary medical attention for the prisoners’ objectively serious medical and dental needs which are known to the jail staff. A serious medical need is one that has been diagnosed by a physicianor physician assistant as requiring treatment or is one that is so obvious that even a lay person would easily recognize the necessity for a physician’sor physician assistant’s attention. The plan shall include a procedure for emergency care. Responsibility for the costs of medical services and products remains that of the prisoner. However, no prisoner will be denied necessary medical services, dental service, medicine or prostheses because of a lack of ability to pay. Medical and dental prostheses shall be provided only for the serious medical needs of the prisoner, as determined by a licensed health care professional. Cosmetic or elective procedures need not be provided.    50.15(1) Medical resources.  Each jail shall have a designated licensed physician, licensed osteopathic physician, physician assistant or medical resource, such as a hospital or clinic staffed by licensed physicians, or licensed osteopathic physiciansor physician assistants, designated for the medical supervision, care and treatment of prisoners as deemed necessary and appropriate. Medical resources shall be available on a 24-hour basis.    50.15(2) Trained staff.      a.    All staff who administer medication shall be trained in accordance with the Iowa State Sheriffs and Deputies Association medication training program or other recognized medication administration course.    b.    At least one staff member on duty at the jail shall be currently trained in first aid (or the equivalent) and CPR.    50.15(3) Prisoner involvement.  No prisoner shall be involved in any phase of delivery of medical services.    50.15(4) First-aid kits.  A first-aid kit approved by qualified medical personnel shall be available to staff (no policy required).    50.15(5) Chemical control agents.  A prisoner affected by a chemical control agent shall be offered a medical examination and appropriate treatment as soon as reasonable.    50.15(6) Screening upon admission.      a.    Any person who is obviously injured, ill or unconscious shall be examined by qualified medical personnel before being admitted to a jail.    b.    Prisoners suspected of having a contagious or communicable disease shall be separated from other prisoners until examined by qualified medical personnel.    c.    As a part of the admission procedure, a medical history intake form shall be completed for each person admitted to the jail. The intake procedure shall include screening for potential self-injury or potential suicide. Jail staff with actual knowledge that there is a substantial risk that a prisoner intends to commit suicide shall take reasonable measures to abate that risk. The jail shall have a written suicide prevention plan. Essential elements of the plan shall include annual training to recognize the potential for suicide, communication between staff, appropriate housing and intervention procedures.    d.    During times when there is no means of immediate access to the district court, a person arrested on a charge constituting a simple misdemeanor and believed by the arresting officer/agency to be mentally ill, and because of that illness is likely to physically injure the person’s self or others, shall be admitted to the jail only after the arresting officer/agency has demonstrated a reasonable effort to comply with the emergency hospitalization procedure, as provided in Iowa Code section 229.22. The jail shall have a written plan to provide prisoners access to services for the detection, diagnosis and treatment of mental illness. The plan shall include a mental health screening process at admission    e.    Prisoners shall be provided with information on how they can obtain necessary medical attention, and the agency’s policy and procedure shall also reflect this.    50.15(7) Medication procedures.      a.    Written policies and procedures pertaining to providing medication shall be established.    b.    All prescription medicine shall be securely stored and inventory control practiced. Inventory control shall include documentation of all medication coming into the jail and the amount returned or destroyed when a prisoner is released.    c.    A written procedure for recording the taking or administering of all medications shall be established.    d.    Prescription medication, as ordered by a licensed physician, licensed osteopathic physician, physician assistant or licensed dentist, shall be provided in accordance with the directions of the prescribing physician, licensed osteopathic physician, physician assistant or dentist. Prisoners with medication from a personal physician, osteopathic physician, physician assistant or dentist may be evaluated by a physician, osteopathic physician, physician assistant or dentist selected by the jail administrator to determine if the present medication is appropriate.    50.15(8) Medical records.  A separate medical record shall be maintained for each prisoner receiving medical care. The record shall include the illness being treated, medication administered, special diets required, medical isolations and the name of the attending health professional or institution. The record may be kept in the prisoner’s file jacket but must be labeled confidential.    50.15(9) Medication storage.      a.    Prisoners’ medications shall be stored at the proper temperature, as defined by the following terms:    (1)   Room temperature: temperature maintained between 15 degrees centigrade (59 degrees Fahrenheit) and 30 degrees centigrade (85 degrees Fahrenheit).    (2)   Cool: temperature between 8 degrees centigrade (46 degrees Fahrenheit) and 15 degrees centigrade (59 degrees Fahrenheit).    (3)   Refrigerate: temperature that is thermostatically maintained between 2 degrees centigrade (36 degrees Fahrenheit) and 8 degrees centigrade (46 degrees Fahrenheit).    (4)   All medication required to be “cool” or “refrigerated” shall be stored in a separate refrigerator or in a separate locked container within a refrigerator that is used for other purposes.    b.    Any medications bearing an expiration date may not be administered beyond the expiration date.    c.    Expired drugs or drugs not in unit dose packaging, whose administration had been discontinued by the attending physicianor physician assistant, shall be destroyed by the jail administrator or designee in the presence of a witness. A record of drug destruction shall be made in each prisoner’s medical record. The record shall include the name, the strength and the quantity of the drug destroyed, and the record shall be signed by the jail administrator or designee and by the witness.    d.    Medications dispensed by a pharmacy in unit dose packaging may be returned to the dispensing pharmacy pursuant to board of pharmacy rule 657—23.15(124,155A).    e.    Jails utilizing unit dose packaging shall have written policies and procedures providing for the return of drugs so packed to the issuing pharmacy. Policy shall include proper record keeping of disposal.

        ITEM 3.    Amend subrule 50.16(5) as follows:    50.16(5) Medical diets.  Special diets as prescribed by a physicianor physician assistant shall be followed and documented. The physicianor physician assistant who prescribes the special diet shall specify a date on which the diet will be reviewed for renewal or discontinuation. Unless specified by the prescribing physicianor physician assistant, a certified dietitian shall develop the menu.

        ITEM 4.    Amend subparagraph 50.24(5)"a" as follows:    (10)   Special diets as prescribed by a physicianor physician assistant shall be followed and documented.

        ITEM 5.    Amend rule 201—51.13(356,356A) as follows:

    201—51.13(356,356A) Medical services.  The facility administrator shall establish a written policy and procedure to ensure that detainees have the opportunity to receive necessary medical attention for the detainee’s objectively serious medical and dental needs which are known to the facility staff. A serious medical need is one that has been diagnosed by a physicianor physician assistant as requiring treatment, or one that is so obvious that even a lay person would easily recognize the necessity for a physician’sor physician assistant’s attention. The plan shall include a procedure for emergency services day or night and a procedure for regular medical attention. Responsibility for the costs of medical services remains that of the detainee. However, no detainee will be denied necessary medical services, dental service, or medicine because of a lack of ability to pay. Medical and dental prostheses shall be provided only for the serious medical needs of the detainee, as determined by a licensed health care professional. Cosmetic or elective procedures need not be provided.    51.13(1) Medical resources.  Each facility shall have a designated licensed physician, licensed osteopathic physician, physician assistant or medical resource, such as a hospital or clinic staffed by licensed physicians, physician assistants or licensed osteopathic physicians, designated for the medical supervision, care and treatment of detainees as deemed necessary and appropriate. Medical resources shall be available on a 24-hour basis.    51.13(2) Trained staff.      a.    All staff providing medication shall be trained in accordance with the Iowa State Sheriffs and Deputies Association medication training program or other recognized medication administration course.    b.    At least one staff member on duty at the facility shall be currently trained in first aid (or the equivalent) and CPR.    51.13(3) Detainee involvement.  No detainee shall be involved in any phase of delivery of medical services.    51.13(4) First-aid kits.  A first-aid kit approved by qualified medical personnel shall be available to staff.    51.13(5) Chemical control agents.  Detainees affected by a chemical control agent shall be offered a medical examination and appropriate treatment as soon as reasonable.    51.13(6) Screening upon admission.      a.    Any person who is obviously injured, ill or unconscious shall be examined by qualified medical personnel before being admitted to a facility.    b.    Detainees suspected of having a contagious or communicable disease shall be separated from other detainees until examined by qualified medical personnel.    c.    As a part of the admission procedure, a medical history intake form shall be completed for each person admitted to the facility. The intake procedure shall include screening for potential self-injury or suicide. Facility staff with actual knowledge that there is a substantial risk that a detainee intends to commit suicide shall take reasonable measures to abate the risk. The facility shall have a written suicide prevention plan. Essential elements of the plan shall include annual staff training to recognize the potential for suicide, communication between staff, appropriate housing, and intervention procedures.    d.    During times when there is no means of immediate access to the district court, a person arrested on a charge constituting a simple misdemeanor and believed by the arresting officer/agency to be mentally ill, and because of that illness is likely to physically injure the person’s self or others, shall be admitted to the facility only after the arresting officer/agency has demonstrated a reasonable effort to comply with the emergency hospitalization procedure as provided in Iowa Code section 229.22. The facility shall have a written plan to provide detainees access to services for the detection, diagnosis and treatment of mental illness.    e.    Detainees shall be provided with information on how they can obtain necessary medical attention, and the facility’s policy and procedure shall also reflect this.    51.13(7) Medication procedures.      a.    Written policies and procedures pertaining to providing medication shall be established.    b.    All prescription medicine shall be securely stored and inventory control practiced. Inventory control shall include documentation of all medication coming into the facility and the amount of medication returned or destroyed when the detainee is released.    c.    A written procedure for recording the taking or administering of all medications shall be established.    d.    Prescription medication, as ordered by a licensed physician, licensed osteopathic physician, physician assistant or licensed dentist, shall be provided in accordance with the directions of the prescribing physician, licensed osteopathic physician, physician assistant or dentist. Detainees with medication from a personal physician, osteopathic physician, physician assistant or dentist may be evaluated by a physician, osteopathic physician, physician assistant or dentist selected by the facility administrator to determine if the present medication is appropriate.    51.13(8) Medical records.  A separate medical record shall be maintained for each detainee receiving medical care. The record shall include the illness being treated, medication administered, special diets required, medical isolations and the name of the attending health professional or institution. The record may be kept in the detainee’s file jacket but must be labeled “confidential.”    51.13(9) Medication storage.      a.    Detainees’ medications shall be stored at the proper temperature, as defined by the following terms:    (1)   Room temperature: temperature maintained between 15 degrees centigrade (59 degrees Fahrenheit) and 30 degrees centigrade (85 degrees Fahrenheit).    (2)   Cool: temperature maintained between 8 degrees centigrade (46 degrees Fahrenheit) and 15 degrees centigrade (59 degrees Fahrenheit).    (3)   Refrigerate: temperature that is thermostatically maintained between 2 degrees centigrade (36 degrees Fahrenheit) and 8 degrees centigrade (46 degrees Fahrenheit). All medication required to be “cool” or “refrigerated” shall be stored in a separate refrigerator or in a separate locked container within a refrigerator that is used for other purposes.    b.    Any medications bearing an expiration date may not be administered beyond the expiration date.    c.    Expired drugs or drugs not in unit dose packaging, whose administration had been discontinued by the attending physicianor physician assistant, shall be destroyed by the facility administrator or designee in the presence of a witness. A record of drug destruction shall be made in each detainee’s medical record. The record shall include the name, the strength and the quantity of the drug destroyed;, and the record shall be signed by the facility administrator or designee and by the witness.    d.    Medications dispensed by a pharmacy in unit dose packaging may be returned to the dispensing pharmacy pursuant to board of pharmacy rule 657—23.15(124,155A).    e.    Facilities utilizing unit dose packaging shall have written policies and procedures providing for the return of drugs so packed to the issuing pharmacy. Policy shall include proper record keeping of disposal.

        ITEM 6.    Amend subrule 51.14(4) as follows:    51.14(4) Medical diets.  Special diets as prescribed by a physicianor physician assistant shall be followed and documented.

        ITEM 7.    Amend subparagraph 51.20(5)"a" as follows:    (10)   Special diets as prescribed by a physicianor physician assistant shall be followed and documented.    ARC 6594CEconomic Development Authority[261]Notice of Intended Action

    Proposing rule making related to STEM BEST and targeted small business certification programs and providing an opportunity for public comment

        The Economic Development Authority hereby proposes to amend Chapter 15, “STEM BEST Appropriation,” and Chapter 52, “Iowa Targeted Small Business Certification Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 15.106A and 2022 Iowa Acts, House Files 2564 and 803.State or Federal Law Implemented    This rule making implements, in whole or in part, 2022 Iowa Acts, House Files 2564 and 803.Purpose and Summary    The following corrective and clarifying amendments are proposed to rules relating to appropriations to the Authority and programs administered by the Authority:    • Clarify references in Chapter 15 to appropriations for the STEM BEST Program in 2021 Iowa Acts, House File 871, and 2022 Iowa Acts, House File 2564.    • Add a reference to physician assistants to subrule 52.2(7) regarding targeted small business certification as required 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 Authority 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 the Authority no later than 4:30 p.m. on November 8, 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.com 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 261—15.1(89GA,HF871) as follows:

    261—15.1(89GA,HF871,HF2564) Purpose.  The authority is directed to adopt rules to establish criteria for the distribution of funds appropriated in 2021 Iowa Acts, House File 871, section 3, subsection 11, tothe authority for the STEM BEST program.

        ITEM 2.    Amend rule 261—15.2(89GA,HF871), parenthetical implementation statute, as follows:

    261—15.2(89GA,HF871,HF2564) Definitions.  

        ITEM 3.    Amend rule 261—15.3(89GA,HF871), parenthetical implementation statute, as follows:

    261—15.3(89GA,HF871,HF2564) Eligible uses of funds.  

        ITEM 4.    Amend 261—Chapter 15, implementation sentence, as follows:       These rules are intended to implement 2021 Iowa Acts, House File 871, section 3(11), and 2022 Iowa Acts, House File 2564, section 3(12).

        ITEM 5.    Amend paragraph 52.2(7)"a" as follows:    a.    Person with a disability.In order to be considered a person with a disability for the purpose of the TSB program, the person must qualify and receive certification as having a disability from a licensed medical physicianor physician assistant or must have been found eligible for vocational rehabilitation services by the department of education, division of vocational rehabilitation services, or by the department for the blind.    ARC 6592CEconomic Development Authority[261]Notice of Intended Action

    Proposing rule making related to endow Iowa tax credits and providing an opportunity for public comment

        The Economic Development Authority hereby proposes to amend Chapter 47, “Endow Iowa Tax Credits,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 15E.305.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 15E.305 as amended by 2022 Iowa Acts, House File 2317, section 48.Purpose and Summary    The Authority administers the Endow Iowa tax credit pursuant to Iowa Code sections 15E.301 to 15E.303 and 15E.305. The program offers a tax credit of up to 25 percent of an endowment gift to a qualified community foundation.    The proposed amendments represent a comprehensive update of Chapter 47. Changes include the following:    1. Implement a change from 2022 Iowa Acts, House File 2317, section 48, to the maximum amount of tax credit that an individual taxpayer may claim. The maximum was previously 5 percent of the aggregate amount of tax credits available each year. For tax years beginning on or after January 1, 2023, the maximum will be $100,000.    2. Eliminate a tax credit waitlist for applications received on or after July 1, 2023.    3. Add a requirement that a donor submit a tax credit application within 12 months of a qualifying donation.    4. Rescind rule 261—47.5(15E) regarding reporting requirements because it is inconsistent with the Iowa Code.    5. Make other corrective and clarifying changes.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199.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 Authority no later than 4:30 p.m. on November 8, 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 rule 261—47.2(15E) as follows:

    261—47.2(15E) Definitions.          "Act" means Iowa Code sections 15E.301 to 15E.306.        "Authority" means the economic development authority.        "Community affiliate organization" means a group of five or more community leaders or advocates organized for the purpose of increasing philanthropic activity in an identified community or geographic area in the state with the intention of establishing a community affiliate endowment fund.        "Endow Iowa qualified community foundation" means a community foundation organized or operating in this state that substantially complies with the national standards for U.S. community foundations established by the National Council on Foundations as determined by the authority in collaboration with the Iowa Council of Foundations.        "Endowment gift" means an irrevocable contribution to a permanent endowment held by an endow Iowa qualified community foundation.        "Permanent endowment fund" means a fund held in an endow Iowa qualifying community foundation to provide benefit to charitable causes in the state of Iowa. Endowed funds are intended to exist in perpetuity, and to implement an annual spend rate not to exceed 5 percent.        "Tax credit" means the amount a taxpayer may claim against the taxes imposed in Iowa Code chapter 422, divisionssubchapters II, III, and V, and in Iowa Code chapter 432, and against the moneys and credits tax imposed in Iowa Code section 533.24533.329.

        ITEM 2.    Amend rule 261—47.3(15E) as follows:

    261—47.3(15E) Authorization of tax credits to taxpayers.  The authority shall authorize tax credits to qualified taxpayers who provide an endowment gift to an endow Iowa qualified community foundation or a community affiliate organization affiliated with an endow Iowa qualified community foundation for a permanent endowment fund within the state of Iowa in accordance with the following provisions:    47.3(1)   Approved tax credits shall be allowed against taxes imposed in Iowa Code chapter 422, divisionssubchapters II, III, and V, and in Iowa Code chapter 432, and against the moneys and credits tax imposed in Iowa Code section 533.24533.329.    47.3(2)   Beginning January 1, 2010, approved taxTax credits will be equal to 25 percent of a taxpayer’s gift to a permanent endowment held in an endow Iowa qualified community foundation. The amount of the endowment gift for which the endow Iowa tax credit is claimed shall not be deductible in determining taxable income for state income tax purposes.    47.3(3)   The aggregate amount of tax credits available under this ruleannually is limited according to Iowa Code section 15E.305, subsection 2$6 million. The aggregate amount is determined by taking a base authorization amount specified in Iowa Code section 15E.305, subsection 2, paragraph “a,” and adding an additional amount to be determined annually by calculating a certain percentage of the state’s gambling revenues, as provided in Iowa Code section 99F.11, subsection 3, paragraph “d,” subparagraph (3), for the prior fiscal year. For calendar year 2011 and for all subsequent calendar years, the annual base authorization amount of available tax credits is $3.5 million. The additional amount varies each year according to the amount of gambling revenues collected in the prior year. For 2012, the aggregate amount of available tax credits is $4,642,945. TheFor tax credits issued on or before December 31, 2022, the maximum amount of tax credit thatmay be granted to an individual taxpayer may claim is limited to 5 percent of the aggregate amount available each year. For 2012, the maximum amount of tax credit available to a single taxpayer is $232,147.25tax credits issued on or after January 1, 2023, the maximum amount of tax credit that may be granted to an individual taxpayer is limited to $100,000. If the authority receives applications for tax credits in excess of the amount available, the applications shall be prioritized by the date the authority received the applications. IfApplications received on or before June 30, 2023, will be placed on a waitlist for a subsequent year’s allocation of tax credits if the number of applications exceeds the amount of annual tax credits available, the authority shall establish a wait list for the next year’s allocation of tax credits and applications. Applications placed on the waitlist shall first be funded in the order listed on the wait listwaitlist.Applications received on or after July 1, 2023, in excess of the amount of tax credits available will not be placed on the waitlist and will be denied by the authority. A taxpayer shall submit an application to the authority for the tax credit no later than 12 months from the date of the donation which qualifies the taxpayer for the tax credit.    47.3(4)   Any tax credit in excess of the taxpayer’s tax liability for the tax year may be credited to the tax liability for the following five years or until depleted, whichever occurs first.To receive the tax credit, a donor shall file a claim with the department of revenue in accordance with any applicable administrative rules adopted by the department.    47.3(5)   A tax credit shall not be carried back to a tax year prior to the tax year in which the taxpayer claims the tax credit.    47.3(6)   A tax credit shall not be transferable to any other taxpayer.

        ITEM 3.    Rescind rule 261—47.5(15E).

        ITEM 4.    Amend 261—Chapter 47, implementation sentence, as follows:       These rules are intended to implement Iowa Code sections 15E.301 to 15E.306 as amended by 2011 Iowa Acts, Senate File 30215E.301 to 15E.303 and 15E.305 as amended by 2022 Iowa Acts, House File 2317.    ARC 6593CEconomic Development Authority[261]Notice of Intended Action

    Proposing rule making related to brownfield and grayfield redevelopment tax credits and providing an opportunity for public comment

        The Economic Development Authority hereby proposes to amend Chapter 65, “Brownfield and Grayfield Redevelopment,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 15.106A and 15.293B.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 15.291 to 15.295.Purpose and Summary    2022 Iowa Acts, House File 2317, amends Iowa Code section 15.293A relating to the Redevelopment Tax Credit Program for Brownfields and Grayfields. The legislation reduces the refundability of the tax credits by 5 percentage points each year for five years, beginning in tax years beginning on or after January 1, 2023. Additionally, tax credits under the program that are refundable shall not be transferable.     This proposed rule making amends Chapter 65 to reflect the changes made to the Iowa Code section and remove information relating to the tax credit claims process that is addressed in rules promulgated by the Iowa Department of Revenue (IDR).Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199. 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 Authority no later than 4:30 p.m. on November 8, 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 subrule 65.6(4) as follows:    65.6(4)   Application forms for the brownfield redevelopment program and the redevelopment tax credits program for brownfields and grayfields are available upon request from Economic Development Authority, 200 East Grand Avenue, Des Moines, Iowa 50309. Additional information is available on the authority’s Internet site at www.iowaeconomicdevelopment.comwebsite.

        ITEM 2.    Amend subrule 65.11(3) as follows:    65.11(3) Tax credit certificate.      a.    Issuance.The authority shall issue a redevelopment tax credit certificate upon completion of the project and submittal of proof of completion by the qualified investor. The tax credit certificate shall contain the qualified investor’s name, address,and tax identification number,; the amount of the credit,; the name of the qualifying investor,;whether the taxpayer has satisfied the requirements for the credit to be refundable; any other information required by the department of revenue,; and a place for the name and tax identification number of a transferee and the amount of the tax credit being transferred.    b.    Acceptance.Claims.The tax credit certificate, unless rescinded by the board, shall be accepted by the Iowa department of revenue as payment for taxes imposed pursuant to Iowa Code chapter 422, divisions II, III, and V, and to Iowa Code chapter 432, and for the moneys and credits tax imposed in Iowa Code section 533.329, subject to any conditions or restrictions placed by the board upon the face of the tax credit certificate and subject to the limitations of this rule, for a portion of a taxpayer’s equity investment in a qualifying redevelopment project.To claim a tax credit under this rule, a qualified investor shall file a claim with the department of revenue pursuant to the department’s applicable rules. The qualified investor must include one or more tax credit certificates with the qualified investor’s tax return. A tax credit certificate shall not be used or included with a return filed for a taxable year beginning prior to the tax year listed on the certificate. The tax credit certificate or certificates included with the qualified investor’s tax return shall be issued in the qualified investor’s name, expire on or after the last day of the taxable year for which the qualified investor is claiming the tax credit, and show a tax credit amount equal to or greater than the tax credit claimed on the qualified investor’s tax return.    c.    Transfer.Tax credit certificates issued under this rule may be transferred to any person or entitypursuant to the department of revenue’s applicable rules, except a tax credit certificate that is refundable pursuant to Iowa Code section 15.293A(1)“c”(2) as amended by 2022 Iowa Acts, House File 2317, shall not be transferable. Within 90 days of transfer, the transferee shall submit the transferred tax credit certificate to the Iowa department of revenue, including a statement with the transferee’s name, tax identification number, address, the denomination that each replacement tax credit certificate is to carry, and any other information required by the Iowa department of revenue.    d.    Replacement certificate.Within 30 days of receiving the transferred tax credit certificate and the transferee’s statement, the Iowa department of revenue shall issue one or more replacement tax credit certificates to the transferee. Each replacement tax credit certificate must contain the information required for the original tax credit certificate and must have the same expiration date that appeared in the transferred tax credit certificate.     e.    Claiming a transferred tax credit.A tax credit shall not be claimed by a transferee until a replacement tax credit certificate identifying the transferee as the proper holder has been issued. The transferee may use the amount of the tax credit transferred against the taxes imposed in Iowa Code chapter 422, divisions II, III, and V, and in Iowa Code chapter 432, and against the moneys and credits tax imposed in Iowa Code section 533.329, for any tax year the original transferor could have claimed the tax credit. Any consideration paid or received for the transfer of the tax credit shall not be included or deducted as income under Iowa Code chapter 422, divisions II, III, and V, under Iowa Code chapter 432, or against the moneys and credits tax imposed in Iowa Code section 533.329.

        ITEM 3.    Amend subrule 65.11(4) as follows:    65.11(4) Amount of tax credit.Tax credit amount and limitations.      a.    Pro rata share.The qualified investor may claim the amount based upon the pro rata share of the qualified investor’s earnings from the partnership, limited liability company, S corporation, estate, or trust. Except as provided in paragraph 65.11(4)“b,” any tax credit in excess of the qualified investor’s liability for the tax year is not refundable but may be credited to the tax liability for the following five years or until depleted, whichever is earlier. A tax credit shall not be carried back to a tax year prior to the tax year in which the qualified investor receives the tax credit.    b.    a.    Refundability.A tax credit in excess of the taxpayer’s liability for the tax year is refundable if all of the following conditions are met:only to the extent indicated in Iowa Code section 15.293A(1)“c”(2) as amended by 2022 Iowa Acts, House File 2317.    (1)   The taxpayer is an investor making application for tax credits provided in this rule and is an entity organized under Chapter 504 and qualifying under Section 501(c)(3) of the Internal Revenue Code as an organization exempt from federal income tax under Section 501(a) of the Internal Revenue Code.    (2)   The taxpayer establishes during the application process described in this chapter that the requirement in subparagraph 65.11(4)“b”(1) is satisfied. The authority, when issuing a certificate to a taxpayer that meets the requirements in paragraph 65.11(4)“b,” will indicate on the certificate that such requirements have been satisfied. A certificate indicating that it is refundable pursuant to paragraph 65.11(4)“b” shall not also be transferred to another taxpayer unless all the requirements of paragraph 65.11(4)“b” have been met.    c.    b.    Percentage.The amount of the tax credit shall equal one of the following:    (1)   Twelve percent of the taxpayer’s qualifying investment in a grayfield site.    (2)   Fifteen percent of the taxpayer’s qualifying investment in a grayfield site if the qualifying redevelopment project meets the requirements of green development as defined in 261—65.2(15).    (3)   Twenty-four percent of the taxpayer’s qualifying investment in a brownfield site.    (4)   Thirty percent of the taxpayer’s qualifying investment in a brownfield site if the qualifying redevelopment project meets the requirements of green development as defined in 261—65.2(15).    d.    c.    Maximum credit per project.The maximum amount of a tax credit for a qualifying investment in any one qualifying redevelopment project shall not exceed 10 percent of the maximum amount of tax credits available in any one fiscal year pursuant to paragraph 65.11(4)“e.”65.11(4)“d.”    e.    d.    Maximum credit total.For the fiscal year beginning July 1, 2021, and for each subsequent fiscal year, the maximum amount of tax credits allocated to the program by the authority shall be an amount determined by the board but not in excess of the amount established pursuant to Iowa Code section 15.119 as amended by 2021 Iowa Acts, Senate File 619. Tax credits awarded pursuant to paragraph 65.11(8)“b”65.11(7)“b” shall not be counted against the allocation determined by the board pursuant to this paragraph.

        ITEM 4.    Rescind subrule 65.11(5).

        ITEM 5.    Renumber subrules 65.11(6) to 65.11(10) as 65.11(5) to 65.11(9).

        ITEM 6.    Amend 261—Chapter 65, implementation sentence, as follows:       These rules are intended to implement Iowa Code sections 15.291 to 15.295 and 2021 Iowa Acts, Senate File 619.    ARC 6600CLabor Services Division[875]Notice of Intended Action

    Proposing rule making related to the exception for the operation of pizza dough rollers and providing an opportunity for public comment

        The Labor Commissioner hereby proposes to amend Chapter 32, “Child Labor,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 92.21.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 92.8(10) as amended by 2022 Iowa Acts, Senate File 2190.Purpose and Summary    This proposed rule making implements a required rule revision because of 2022 Iowa Acts, Senate File 2190, which exempts certain pizza dough rollers from being defined as “power-driven bakery machines.”Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    The statute and rule may increase the availability of jobs for employees under the age of 18.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 Commissioner for a waiver of the discretionary provisions, if any, pursuant to 875—Chapter 1. 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 Commissioner no later than 4:30 p.m. on November 8, 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.govPublic Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making action is proposed:

        ITEM 1.    Amend subrule 32.8(10) as follows:    32.8(10) “Occupations involved in the operation of certain power-driven bakery machines”  means the occupations of operating, assisting to operate or setting up, adjusting, repairing, oiling, or cleaning any horizontal or vertical dough mixer; batter mixer; bread dividing, rounding, or molding machine; dough brake; dough sheeter; combination bread slicing and wrapping machines; or cake cutting band saw and the occupations of setting up or adjusting a cookie or cracker machine.However, this definition does not apply to the operation of pizza dough rollers that are a type of dough sheeter that have been constructed with safeguards contained in the basic design so as to prevent fingers, hands, or clothing from being caught in the in-running point of the rollers, that have gears that are completely enclosed, and that have microswitches that disengage the machinery if the backs or sides of the rollers are removed, only when all the safeguards detailed in Iowa Code section 92.8(10) are present on the machinery, are optional, and have not been overridden.       This subrule is intended to implement Iowa Code section 92.8(10).    ARC 6599CLabor Services Division[875]Notice of Intended Action

    Proposing rule making related to physician assistants and providing an opportunity for public comment

        The Labor Commissioner hereby proposes to amend Chapter 155, “Asbestos Removal and Encapsulation,” Chapter 169, “General Requirements for Athletic Events,” Chapter 173, “Professional Boxing,” Chapter 174, “Elimination Tournaments,” Chapter 176, “Professional Kickboxing,” and Chapter 177, “Mixed Martial Arts,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 88B.3 and 90A.7.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 147.77 as enacted by 2022 Iowa Acts, House File 803.Purpose and Summary    2022 Iowa Acts, House File 803, allows physician assistants to perform various duties that are within their scope of practice but which statute or rule previously only allowed physicians to accomplish. House File 803 also directs agencies to amend their rules to reflect the statutory changes allowing physician assistants to perform certain tasks that previously were only accomplished by physicians. The purpose of this proposed rule making is to modify the Division of Labor Services’ rules to be consistent with these statutory changes.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 Commissioner for a waiver of the discretionary provisions, if any, pursuant to 875—Chapter 1. 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 Commissioner no later than 4:30 p.m. on November 8, 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 155.6(1) as follows:    155.6(1) Application form.  Except as noted in this subrule, the applicant must complete and submit the entire form provided by the division with the necessary attachments. Respirator fit tests and medical examinations must have occurred within the past 12 months. Only worker and contractor/supervisor license applicants must submit the respiratory protection and physician’sor physician assistant’s certification forms. Photocopies of the forms shall not be accepted.

        ITEM 2.    Amend subparagraph 155.6(11)"a" as follows:    (2)   A copy of a physician’sor physician assistant’s statement indicating that, consistent with 29 CFR 1910.134, a licensed physicianor physician assistant has examined the individual within the past 12 months and approved the individual to work while wearing a respirator;

        ITEM 3.    Amend subparagraph 169.4(1)"b" as follows:    (5)   A copy of the medical license of the ringside physicianor physician assistant;

        ITEM 4.    Amend subparagraph 169.4(1)"b" as follows:    (10)   The date, time, and location of the ringside physician’sor physician assistant’s examination of the contestants;

        ITEM 5.    Amend subrule 169.5(16) as follows:    169.5(16)   Submit to the ringside physicianor physician assistant no later than at the time of the physicals test results showing that each contestant scheduled for the event tested negative for the human immunodeficiency, hepatitis B, and hepatitis C viruses within the one-year period prior to the event. The contestant shall not participate and the physicianor physician assistant shall notify the promoter that the contestant is prohibited from participating for medical reasons if any of the following occurs:    a.    The promoter does not produce timely proof of testing;    b.    The test results are positive;    c.    The laboratory is not properly certified in accordance with the federal Clinical Laboratory Improvement Act;    d.    The test was performed more than 12 months prior to the event; or    e.    The test results are otherwise deficient.

        ITEM 6.    Amend rule 875—173.4(90A) as follows:

    875—173.4(90A) Injury.  If a contestant claims to be injured during the bout, the referee shall stop the bout and request the attending physicianor physician assistant to make an examination. If the physicianor physician assistant decides that the contestant has been injured as the result of a foul, the physicianor physician assistant shall advise the referee of the injury. If the physicianor physician assistant is of the opinion that the injured contestant may be able to continue, the physicianor physician assistant shall order a five-minute intermission, after which the physicianor physician assistant shall make another examination and again advise the referee of the injured contestant’s condition. It shall be the duty of the promoter to have an approved physicianor physician assistant in attendance during the entire duration of all bouts.

        ITEM 7.    Amend rule 875—173.8(90A) as follows:

    875—173.8(90A) Persons allowed in the ring.  No person other than the contestants and the referee shall enter the ring during the bout, excepting the seconds between the rounds or the attending physicianor physician assistant if asked by the referee to examine an injury to a contestant.

        ITEM 8.    Amend rule 875—173.19(90A) as follows:

    875—173.19(90A) Weighing of contestants.  Contestants shall be weighed and examined on the day of the scheduled match by the attending ring physicianor physician assistant, at a time and place to be determined by the commissioner. Preliminary boxers may be allowed to weigh in and be examined not later than one hour before the scheduled time of the first match on the card. All weigh-ins will be conducted with the boxer stripped. Accurate scales shall be furnished by the promoter.

        ITEM 9.    Amend rule 875—173.45(90A) as follows:

    875—173.45(90A) Attending ring physicianor physician assistant.  When a boxer has been injured seriously, knocked out or technically knocked out, the referee shall immediately summon the attending ring physicianor physician assistant to aid the stricken boxer. Managers, handlers and seconds shall not attend to the stricken boxer, except at the request of the physicianor physician assistant.

        ITEM 10.    Amend rule 875—173.47(90A) as follows:

    875—173.47(90A) Timekeeper.  The timekeeper shall provide a stopwatch and shall maintain an accurate time of all bouts. The timekeeper shall keep an exact record of time taken out at the request of a referee for an examination of a contestant by the physicianor physician assistant, replacing a glove or adjusting any equipment during a round. The timekeeper shall provide a whistle and shall sound the whistle ten seconds before the start of each round of boxing bouts. The timekeeper shall be impartial and shall not signal interested parties at any time during a bout.

        ITEM 11.    Amend rule 875—174.6(90A) as follows:

    875—174.6(90A) Suspension.  A contestant who suffers a knockout or where the referee stops a fight on a technical knockout (TKO) shall not be permitted to box in the state for a period of 30 days. Before being permitted to fight again, the contestant shall be examined by a physicianor physician assistant approved by the commissioner.

        ITEM 12.    Amend subrule 176.4(1) as follows:    176.4(1)   Officials. The designation of officials, referees, physicians, physician assistants, timekeepers, judges, kick counters, scorekeepers, contestants, seconds, and managers is subject to the approval of the commissioner or designee.

        ITEM 13.    Amend subrule 177.4(1) as follows:    177.4(1) Officials.  Officials shall consist of three judges, two referees, the physicianor physician assistant, and the timekeeper.

        ITEM 14.    Amend subrule 177.4(3) as follows:    177.4(3) Timekeeper.  The timekeeper shall keep an exact record of time taken out at the request of a referee for an examination of a contestant by the physicianor physician assistant, replacing a glove or adjusting any equipment during a round. The timekeeper shall notify contestants at the beginning and end of each round. The timekeeper shall be impartial and shall not signal interested parties at any time during a match.

        ITEM 15.    Amend subrule 177.4(8) as follows:    177.4(8) Persons allowed in the cage.  No person other than the two contestants and the referee shall enter the cage during the match. However, the physicianor physician assistant may enter the cage to examine a contestant upon the request of the referee.

        ITEM 16.    Amend paragraph 177.4(10)"d" as follows:    d.    A contestant is exempt from 177.4(10)(a)(1)subparagraphs 177.4(10)“a”(1) and (2) while interacting with the contestant’s opponent during a round. However, if the round is stopped by the physicianor physician assistant or referee for a time out, 177.4(10)(a)(1)subparagraphs 177.4(10)“a”(1) and (2) shall apply to a contestant.

        ITEM 17.    Amend subrule 177.5(13) as follows:    177.5(13) Examination of contestants.  On the day of the event, at a time and place to be approved by the commissioner, the ringside physicianor physician assistant shall conduct a rigorous physical examination to determine the contestant’s fitness to participate in an MMA match. A contestant deemed not fit by the physicianor physician assistant shall not participate in the event.

        ITEM 18.    Amend subrule 177.6(7) as follows:    177.6(7) Injury.  If a contestant claims to be injured or when a contestant has been injured seriously or knocked out, the referee shall immediately stop the fight and summon the attending ring physicianor physician assistant to make an examination of the stricken fighter. If the physicianor physician assistant decides that the contestant has been injured, the physicianor physician assistant shall advise the referee of the severity of the injury. If the physicianor physician assistant is of the opinion the injured contestant may be able to continue, the physicianor physician assistant shall order a five-minute intermission, after which the physicianor physician assistant shall make another examination and again advise the referee of the injured contestant’s condition. Managers, handlers and seconds shall not attend to the stricken fighter, except at the request of the physicianor physician assistant.    ARC 6597CProfessional Licensure Division[645]Notice of Intended Action

    Proposing rule making related to mandatory reporter training and providing an opportunity for public comment

        The Board of Massage Therapy hereby proposes to amend Chapter 131, “Licensure of Massage Therapists,” and Chapter 133, “Continuing Education for Massage Therapists,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 152C.3 and 2022 Iowa Acts, House File 2168.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 152C.3, 232.69 and 235B.16 and 2022 Iowa Acts, House File 2168.Purpose and Summary    This proposed rule making amends the Board’s rules regarding mandatory reporter training in response to 2022 Iowa Acts, House File 2168. House File 2168 provides that massage therapists who treat children or dependent adults must complete mandatory reporter training, as opposed to only those therapists who work in certain settings, and further provides that mandatory reporter training shall count toward a licensed massage therapist’s continuing education requirements. This proposed rule making updates the Board’s rules regarding mandatory reporter training to reflect these changes. Although the Board’s rules already allow massage therapists to count mandatory reporter training toward their continuing education hours, the proposed amendments update the rules to align with the specific language of House File 2168.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment     Any interested person may submit written 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 November 8, 2022. Comments should be directed to: Janelle Larson Professional Licensure Division Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.281.4401 Fax: 515.281.3121 Email: janelle.larson@idph.iowa.govPublic Hearing     A public hearing at which persons may present their views orally or in writing will be held as follows: November 8, 2022 8 to 9 a.m. Fifth Floor Conference Room 526 Lucas State Office Building Des Moines, Iowa     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing.     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Rescind subrule 131.8(4) and adopt the following new subrule in lieu thereof:    131.8(4) Mandatory reporter training.      a.    If a licensee examines, attends, counsels, or treats children in the scope of the licensee’s professional practice or employment responsibilities, the licensee shall complete training relating to the identification and reporting of child abuse every three years pursuant to Iowa Code section 232.69(3)“b.” The licensee shall indicate on the renewal application completion of such training.    b.    If a licensee examines, attends, counsels, or treats dependent adults in the scope of the licensee’s professional practice or employment responsibilities, the licensee shall complete training relating to the identification and reporting of dependent adult abuse every three years pursuant to Iowa Code section 235B.16(5)“b.” The licensee shall indicate on the renewal application completion of such training.    c.    The course(s) shall be the curriculum provided by the department of health and human services.    d.    The licensee shall maintain written documentation for three years after completing mandatory training, including program date(s), duration, and proof of participation.    e.    The requirement for mandatory training for identifying and reporting child and dependent adult abuse shall be suspended if the board determines that suspension is in the public interest or that a person at the time of license renewal:    (1)   Is engaged in active duty in the military service of this state or the United States; or    (2)   Holds a current waiver by the board based on evidence of significant hardship in complying with training requirements, including an exemption of continuing education requirements or extension of time in which to fulfill the requirements due to a physical or mental disability or illness as provided by rule 645—4.14(272C).    f.    The board may select licensees for audit of compliance with the requirements of this subrule.

        ITEM 2.    Amend subrule 133.3(2) as follows:    133.3(2) Specific criteria.  A licensee shall obtain a minimum of 16 hours of continuing education credit every two years. A minimum of 8 hours of the 16 hours must be hands-on training. A maximum of 8 hours of the 16 hours may be independent study. Licensees may obtain continuing education hours of credit by:     a.    Attending workshops, conferences, or symposiums.    b.    Accessing online training, such as viewing interactive conferences, attending webinars, or completing online training courses.    c.    Teaching curriculum at a school of massage therapy or presenting professional continuing education programs that meet the criteria listed in this subrule. One hour of credit will be awarded for each hour of presentation. A course schedule or brochure must be maintained for audit. A maximum of 4 hours may be awarded under this paragraph per biennium.    d.    Completing academic courses that directly relate to the professional competency of the licensee. Official transcripts indicating successful completion of academic courses that apply to the field of massage therapy will be necessary in order for the licensee to receive the following continuing education credits:1 academic semester hour = 15 continuing education hours of credit1 academic trimester hour = 12 continuing education hours of credit1 academic quarter hour = 10 continuing education hours of credit1 academic clock hour = 1 continuing education hour of credit    e.    Teaching in an approved college, university, or graduate school. The licensee may receive the following continuing education credits:1 academic semester hour = 15 continuing education hours of credit1 academic trimester hour = 12 continuing education hours of credit1 academic quarter hour = 10 continuing education hours of credit    f.    Authoring research the results of which are published in a recognized professional publication. The licensee shall receive 5 hours of credit per page.    g.    Taking courses directly beneficial to business practices necessary for operating a massage practice. Content areas include, but are not limited to, business management, financial management, accounting, tax preparation, marketing, human relations, communication skills, business ethics, and massage ethics.    h.    Taking courses related to personal skills topics, such as career burnout, communication skills, human relations, and other like topics.    i.    Completing programs which enhance a supplemental or complementary skill set directly related to promoting the public health while providing massage therapy. Content areas include, but are not limited to, CPR, first aid, mandatory reporter training, contraindication training, sanitation, and geriatric care.     j.    Completing mandatory reporter training pursuant to Iowa Code sections 232.69 and 235B.16. One hour of credit will be awarded for each hour of completed mandatory reporter training.    j.    k.    Passing a board-approved national examination administered by the Federation of State Massage Therapy Boards or the National Certification Board for Therapeutic Massage Therapy and Bodywork within the biennial continuing education compliance period. A copy of the applicant’s official notification may be used by the board as verification.    ARC 6601CRevenue Department[701]Notice of Intended Action

    Proposing rule making related to the property assessment appeal board and providing an opportunity for public comment

        The Property Assessment Appeal Board hereby proposes to amend Chapter 126, “Property Assessment Appeal Board,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 17A.4, 421.1A(4)“f” and 421.1A(4)“g.”State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 441.37A and 2017 Iowa Acts, House File 478.Purpose and Summary    The Board proposes the following amendments to its rules:     Item 1 rescinds rule 701—71.21(421,17A). This rule is no longer needed.    Items 2 through 12 remove references to appeals filed prior to 2018 and references to content in rule 701—71.21(421,17A).    Item 2 adds a definition for “written consideration.”    Item 3 amends the rule to remove any reference to assessment years 2018 and prior since these appeals have largely been adjudicated. The amendment also clarifies what is to be included in the board of review’s answer to a notice of appeal.    Item 4 amends the rule to permit parties, upon agreement, to serve one another via email.    Item 5 amends the rule to identify where a public access terminal is available for the public based on changes to the Hoover State Office Building and the Board’s office. The amendment also clarifies which documents the Board’s staff may electronically file on behalf of a party.    Item 6 amends the rule to include a requirement for filing a motion to dismiss for lack of jurisdiction within 90 days of filing the notice of appeal.    Item 7 amends the rule establishing a threshold for required filing of hearing scheduling and discovery plans from $2 million to $3 million.    Item 8 amends the Board’s discovery rules by limiting the number of discovery requests that may be served in cases involving property assessed for less than $1 million.    Item 9 amends language regarding waiving 30-day notice of a Board hearing and permits video proceedings before the Board. The amendment identifies that participants in a hearing before the Board may now elect to participate via video conference. The amendment also defines “ex parte” communications and notifies parties that ex parte communication with Board members is prohibited.    Item 10 amends the rule regarding reopening the record and reconsiderations by specifying and clarifying the requirements for each filing.    Item 11 amends the rule to clarify service requirements for petitions for judicial review and to require that a party seeking judicial review shall bear the cost of producing the transcript of a Board hearing, if a transcript is requested.    Item 12 amends the rule to include provision for records retention following guidelines established by the State Records Commission.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. 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 November 8, 2022. Comments should be directed to: Jessica Braunschweig-Norris Property Assessment Appeal Board Hoover State Office Building P.O. Box 10486 Des Moines, Iowa 50306 Phone: 515.725.0338 Email: jessica.braunschweig-norris@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.    Rescind and reserve rule 701—71.21(421,17A).

        ITEM 2.    Amend rule 701—126.1(421,441) as follows:

    701—126.1(421,441) Applicability and definitions.      126.1(1) Applicability and scope.  The rules set forth in this chapter govern the proceedings for all cases filed on or after January 1, 2015, in which the property assessment appeal board (board) has jurisdiction to hear appeals from the action of a local board of review.    126.1(2) Definitions.  For the purpose of these rules, the following definitions shall apply:        "Appellant" means the party filing the appeal with the property assessment appeal board.        "Board" means the property assessment appeal board as created by Iowa Code section 421.1A and governed by Iowa Code chapter 17A and section 441.37A.        "Department" means the Iowa department of revenue.        "Electronic filing" means the electronic transmission of a document to the electronic filing system together with the production and transmission of a notice of electronic filing.        "Electronic filing system" means the system established by the board for the filing of papers and service of the same to opposing parties.        "Electronic record" means a record, file, or document created, generated, sent, communicated, received, or stored by electronic means.        "Electronic service" means the electronic transmission of a notification to the registered users who are entitled to receive notice of the filing.        "Local board of review" means the board of review as defined by Iowa Code section 441.31.        "Nonelectronic filing" means a process by which a paper document or other nonelectronic item is filed with the board.        "Notice of electronic filing" means an e-mailemail notification generated by the electronic filing system when a document is electronically filed.        "Party" means each person or entity named or admitted as a party or properly seeking and entitled as of right to be admitted as a party.        "PDF" means an electronic document filed in a portable document format which is readable by the free Adobe® Acrobat® Reader.        "Presiding officer" means the chairperson, member or members of the property assessment appeal board who preside over an appeal of proceedings before the board.        "Public access terminal" means a computer located at the board’s office where the public may view, print, and electronically file documents.        "Registered user" means an individual who can electronically file documents and electronically view and download files through the use of a username and password.        "Remote access" means a registered user’s ability to electronically search, view, copy, or download electronic documents in an electronic record without the need to physically visit the board’s office.        "Secretary" means the secretary for the property assessment appeal board.        "Signature" means a registered user’s username and password accompanied by one of the following:
    1. “Digitized signature” means an embeddable image of a person’s handwritten signature;
    2. “Electronic signature” means an electronic symbol (“/s/” or “/registered user’s name/”) executed or adopted by a person with the intent to sign; or
    3. “Nonelectronic signature” means a handwritten signature applied to an original document.
            "Written consideration" means the board’s consideration of an appeal without a hearing.        126.1(3) Waivers.      a.    In response to a request, or on its own motion, the board may grant a waiver from a rule adopted by the board, in whole or in part, as applied to a specific set of circumstances, if the board finds, based on clear and convincing evidence, that:    (1)   The application of the rule would pose an undue hardship on the person for whom the waiver is requested;    (2)   The waiver would not prejudice the substantial rights of any person;    (3)   The provisions of the rule subject to a petition for waiver are not specifically mandated by statute or another provision of law; and    (4)   Substantially equal protection of public health, safety, and welfare will be afforded by means other than that prescribed in the rule for which the waiver is requested.    b.    Persons requesting a waiver may submit their request in writing. The waiver request must state the relevant facts and reasons the requester believes will justify the waiver, if the reasons have not already been provided to the board in another pleading.    c.    Grants or denials of waiver requests shall contain a statement of the facts and reasons upon which the decision is based. The board may condition the grant of the waiver on such reasonable conditions as appropriate to achieve the objectives of the particular rule in question. The board may at any time cancel a waiver upon appropriate notice and opportunity for hearing.    126.1(4) Time requirements.  Time shall be computed as provided in Iowa Code section 4.1(34). For good cause, the board may extend or shorten the time to take any action, except as precluded by statute. Except for good cause stated in the record, before extending or shortening the time to take any action, the board shall afford all parties an opportunity to be heard or to file written arguments.    126.1(5) Judgment of the board.  Nothing in this chapter should be construed as prohibiting the exercise of honest judgment, as provided by law, by the board in matters pertaining to valuation and assessment of individual properties.

        ITEM 3.    Amend rule 701—126.2(421,441) as follows:

    701—126.2(421,441) Appeal and answer.      126.2(1) Appeal and jurisdiction.  The procedure for appeals and parameters for jurisdiction are as follows:    a.    Jurisdiction is conferred upon the board by filing an appeal with the board. The appeal shall set forth the grounds for appeal and the relief sought. The appeal shall be filed with the board within 20 calendar days after the date of adjournment of the local board of review or May 31, whichever is later. Appeals postmarked within this time period shall also be considered to have been timely filed. For an appeal filed through the electronic filing system to be timely, the appeal must be filed by 11:59 p.m. on the last day for filing.    b.    The appeal may be filed through the board’s electronic filing system, delivered in person, mailed by first-class mail, or delivered to an established courier service for immediate delivery.    126.2(2) Form of appeal.  The appeal shall include:    a.    The appellant’s name, mailing address, e-mail address, and telephone number;    b.    The address of the property being appealed and its parcel number;    c.    The grounds for appeal;    d.    A short and plain statement of the claim;    e.    The relief sought; and    f.    If the party is represented by an attorney or designated representative, the attorney or designated representative’s name, mailing address, e-mail address, and telephone number.    126.2(3) Amendment of appeal.  The appellant may amend the appeal once as a matter of course within 20 days after it is filed to add or modify the grounds for appeal. Otherwise, the appellant may only amend the appeal by leave of the board or by written consent of the adverse party.    126.2(4) Scope of review.      a.    Grounds for appeal. The appellant may appeal the action of the board of review relating to protests of assessment, valuation, or the application of an equalization order. The board shall determine anew all questions arising before the local board of review which relate to the liability of the property to assessment or the amount thereof.    (1)   For assessment years prior to January 1, 2018, no new grounds in addition to those set out in the protest to the local board of review can be pleaded but additional evidence to sustain those grounds may be introduced. (2)   For assessment years beginning on or after January 1, 2018, newNew grounds in addition to those set out in the protest to the local board of review may be pleaded, and additional evidence to sustain those grounds may be introduced. The board may order the appellant to clarify the grounds on which the appellant seeks relief.    b.    Burden of proof. There shall be no presumption as to the correctness of the valuation of the assessment appealed from.     (1)   For assessment years prior to January 1, 2018, the burden of proof is on the appellant; however, when the appellant offers competent evidence by at least two disinterested witnesses that the market value of the property is less than the market value determined by the assessor, the burden of proof thereafter shall be upon the party seeking to uphold the valuation.(2)   For assessment years beginning on or after January 1, 2018, theThe burden of proof is on the appellant; however, when the appellant offers competent evidence that the market value of the property is different than the market value determined by the assessor, the burden of proof thereafter shall be upon the officials or persons seeking to uphold the valuation.    c.    The appeal is a contested case.    126.2(5) Notice to local board of review.  The board shall serve, through the electronic filing system, a copy of the appellant’s appeal to the local board of review whose decision is being appealed. Notice to all affected taxing districts shall be deemed to have been given when written notice is served on the local board of review.    126.2(6) Answer by local board of review.  Using the form provided by the board or a conforming document, the local board of review’s attorney or representative shall file an answer within 30 days after service of the notice of appeal, unless the time period is shortened or extended by the board. The answer shall include: a statement setting forth the local board of review’s position on the appeal and the    a.    The subject property’s current assessed value.;    b.    A statement regarding the timeliness of the protest to the local board of review and the timeliness of the appeal to the board;    c.    How the local board of review will participate in the hearing; and    d.    If the local board of review is represented by an attorney or designated representative, the attorney or designated representative’s name, mailing address, email address, and telephone number.    126.2(7) Docketing.  Appeals shall be assigned consecutive docket numbers. Electronic records consisting of the case name and the corresponding docket number assigned to the case shall be maintained by the board, as well as all filings made in the appeal.    126.2(8) Consolidation and severance.  The board or presiding officer may determine if consolidation or severance of issues or proceedings should be performed in order to efficiently resolve matters on appeal before the board.    a.    Consolidation.The presiding officer may consolidate any or all matters at issue in two or more appeal proceedings where:    (1)   The matters at issue involve common parties or common questions of fact or law;    (2)   Consolidation would expedite and simplify consideration of the issues involved; and    (3)   Consolidation would not adversely affect the rights of any of the parties to those proceedings.    b.    Severance.The presiding officer may, for good cause shown, order any appeal proceedings or portions of the proceedings severed.    126.2(9) Appearances.  Any party may appear and be heard on its own behalf, or by its attorney or designated representative. Attorneys and designated representatives both shall file a notice of appearance with the board for each appeal. A designated representative who is not an attorney shall also file a power of attorney. When acting as a designated representative on behalf of a party, the designated representative acknowledges that the representative has read and will abide by the board’s rules.

        ITEM 4.    Amend rule 701—126.3(421,441) as follows:

    701—126.3(421,441) Nonelectronic service on parties and filing with the board.      126.3(1) Applicability.  This rule applies to all nonelectronic filings made with the board by parties not voluntarily using the electronic filing system or in all other cases for which the board has not ordered the conversion of the case to an electronic file. Electronic filing and service of documents using the board’s electronic filing system is governed by rule 701—126.4(421,441).    126.3(2) Service and filing of paper documents.  After the appeal has been filed, all motions, pleadings, briefs, and other papers shall be served upon each of the parties of record contemporaneously with their filing with the board.    a.    Service on parties to the appeal.All documents are deemed served at the time they are delivered in person to the opposing party; delivered to an established courier service for immediate delivery; or mailed by first-class mail, so long as there is proof of mailing; or emailed to the opposing party per mutual agreement.    b.    Filing with the board.Except where otherwise provided by law, a document is deemed filed at the time it is delivered to the board; delivered to an established courier service for immediate delivery; or mailed by first-class mail, so long as there is proof of mailing. A registered user of the board’s electronic filing system may electronically file documents with the board pursuant to rule 701—126.4(421,441).    c.    Proof of mailing.Proof of mailing includes: a legible United States Postal Service postmark on the envelope, a certificate of service, a notarized affidavit, or a certification in substantially the following form:I certify under penalty of perjury and pursuant to the laws of Iowa that, on (date of mailing), I mailed copies of (describe document) addressed to the Property Assessment Appeal Board and to the names and addresses of the parties listed below by depositing the same in a (United States post office mailbox with correct postage properly affixed).(Date) (Signature)    126.3(3) Board-generated documents.  The board will mail copies of all board-generated documents to any party not served by the board’s electronic filing system.    126.3(4) Conversion of filed paper documents.  The board will convert all filed paper documents to an electronic format viewable to registered users of the electronic filing system.    126.3(5) Form of paper documents.  Each document delivered to the board must be printed on only one side and have no tabs, staples, or permanent clips. The document may be organized with paperclips, clamps, or another type of temporary fastener or be contained in a file folder.    126.3(6) Return of copies by mail.  If a party requests that a document filed in paper form be returned by mail, the party must deliver to the board a self-addressed envelope, with proper postage, large enough to accommodate the returned document.

        ITEM 5.    Amend rule 701—126.4(421,441) as follows:

    701—126.4(421,441) Electronic filing system.      126.4(1) Electronic filing and applicability.      a.    Electronic filing.The board will maintain an electronic filing system, which shall be the preferred method for filing documents with the board.    b.    Applicability.This rule applies to electronic filing and service of documents using the board’s electronic filing system. Nonelectronic filing and service are governed by rule 701—126.3(421,441).    (1)   The board may order the conversion of any case to an electronic file. Upon such an order, all future filings must be made using the board’s electronic filing system in compliance with this rule, unless a filing is subject to the exception in paragraph 126.4(1)“c.”    (2)   In all other cases, a party or parties to a proceeding may voluntarily choose to use the electronic filing system in compliance with this rule.    c.    Exceptions.Any item that is not capable of electronic filing shall be filed in a nonelectronic format pursuant to rule 701—126.3(421,441).    126.4(2) Registration.      a.    Registration required.Every individual who is filing documents or viewing or downloading documents filed in an appeal must register as a registered user of the electronic filing system.    b.    How to register.To register, an individual must complete the registration process online at https://efile-paab.iowa.gov/, consent to the user agreement, and obtain a username and password for the electronic filing system.    c.    Changing passwords.Once registered, the user may change the user’s password. If the registered user believes the security of an existing password has been compromised, the registered user must change the password immediately. The board may require password changes periodically.    d.    Changes in a registered user’s contact information.If a registered user’s e-mail address, mailing address, or telephone number changes, the registered user must promptly make the necessary changes to the registered user’s information contained in the electronic filing system. The registered user shall promptly give notice of changes in contact information to any nonregistered party in every active proceeding in which the registered user is a party.    e.    Duties of a registered user.Each registered user shall ensure that the user’s e-mail account information is current, that the account is monitored regularly, and that e-mail notices sent to the account are timely opened.    f.    Canceling registration.Withdrawal from participation in the electronic filing system cancels the registered user’s profile but does not authorize nonelectronic filing of documents and is not a withdrawal from a proceeding.    g.    Use of username and password.A registered user is responsible for all documents filed with the registered user’s username and password unless proven by clear and convincing evidence that the registered user did not make or authorize the filing.    h.    Username and password security.If a username or password is lost, misappropriated, misused, or compromised, the registered user of that username and password shall notify the board promptly.    i.    Denial of access.The board may refuse to allow an individual to electronically file or download information in the electronic filing system due to misuse, fraud or other good cause.    126.4(3) Signatures.      a.    Registered user.A username and password accompanied by a digitized, electronic, or nonelectronic signature serve as the registered user’s signature on all electronically filed documents.    b.    Documents requiring oaths, affirmations or verifications.Any document filed requiring a signature under oath or affirmation or with verification may be signed electronically or nonelectronically but shall be filed electronically.    c.    Format.Any filing requiring a signature must be signed, with either a nonelectronic signature (actual signature scanned), an electronic signature (the symbol “/s/” or “/registered user’s name/”), or a digitized signature (an inserted image of a handwritten signature).    d.    Multiple signatures.By filing a document containing multiple signatures, the registered user confirms that the content of the document is acceptable to all persons signing the document and that all such persons consent to having their signatures appear on the document.    126.4(4) Format and redaction of electronic documents.  All documents must be converted to a PDF format before they are filed in the electronic filing system. Prior to filing any document, the registered user shall ensure that the document is certified as confidential or that the confidential information is omitted or redacted.     126.4(5) Exhibits and other attachments.  Any attachments to a filing, such as an exhibit, shall be uploaded and electronically attached to the filing. Each exhibit shall be filed as a separate PDF. Exhibits shall be labeled as required by paragraph 126.7(3)“d.”    126.4(6) Filing and service using electronic filing.      a.    What constitutes filing.The electronic transmission of a document to the electronic filing system consistent with the procedures specified in these rules, together with the production and transmission of a notice of electronic filing, constitutes the filing of the document.    b.    Electronic file stamp.Electronic documents are officially filed when affixed with an electronic file stamp. Filings so endorsed shall have the same force and effect as documents time-stamped in a nonelectronic manner.    c.    E-mailEmail or fax.The e-mailingemailing or faxing of a document to the board will not generate a notice of electronic filing and does not constitute electronic filing of the document unless otherwise orderedauthorized by the board.    d.    Public access terminal.The board shall maintain a public access terminal at the board’s office.A public access terminal is available at the reception desk on the first floor of the Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319.    e.    Service of filings.When a document is electronically filed, the electronic filing system will produce and transmit a notice of electronic filing to all parties to the appeal who are registered users. The notice of electronic filing shall constitute service of the filing on registered users. No other service is required on registered users unless ordered by the board. The filing party is responsible for ensuring service, pursuant to paragraph 126.3(2)“a,” on any party that is not a registered user. Notices of electronic filing will continue to be sent to registered users appearing or intervening in a proceeding until the users have filed a withdrawal of appearance.    f.    Proof of service of nonelectronic filings.Parties filing a document nonelectronically pursuant to paragraph 126.3(2)“c” and rule 701—126.3(421,441) shall electronically file a notice of nonelectronic filing along with proof of service.    g.    Electronic filing and service of board-generated documents.All board-generated documents issued in an appeal governed by this chapter shall be electronically filed and served. The board shall only mail paper copies of documents as provided in subrule 126.3(3).    126.4(7) Filing by the board on behalf of a party.      a.    Where the circumstances and administrative efficiency requires, board staff may file a motion on behalf of a party to an appeal pursuant to this subrule.    b.    When a party to an appeal contacts board staff via telephone or other means and indicates the party’s desire to file a motion or request specified in paragraph 126.4(7)“c,” board staff may file the request or motion in the electronic filing system on behalf of the party. The request or motion shall be consistent with the instructions and information provided by the party and shall only be filed with the permission of the party. Board staff shall not file any motions or requests on behalf of a party if any opposing party requires nonelectronic service under subrule 126.3(2).    c.    Only the following motions or requests may be filed by board staff on behalf of a party:    (1)   Motion for telephone hearingRequest to participate in a hearing in person, by telephone, or by video;    (2)   Motion to appear in person at hearing;    (3)   (2)   Motion for hearing;    (4)   (3)   Motion for continuance;    (5)   (4)   Motion to withdraw appeal.    d.    Upon filing of the motion or request, board staff will provide a courtesy copy of the filing to the party.

        ITEM 6.    Amend rule 701—126.5(421,441) as follows:

    701—126.5(421,441) Motions and settlements.      126.5(1) Authority of board to issue procedural orders.  The board may issue preliminary orders regarding procedural matters.    126.5(2) Motions.  No technical form for motions is required. All prehearing motions shall be in writing, shall be filed with the board and shall contain the reasons and grounds supporting the motion. The board shall act upon such motions as justice may require. Motions based on matters which do not appear of record shall be supported by affidavit. Any party may file a written response to a motion no later than 10ten days from the date the motion is filed, unless the time period is extended or shortened by the board or presiding officer. The presiding officer may schedule oral argument on any motion.    a.    Filing of motions.Motions pertaining to the hearing, except motions for summary judgment,discussed in paragraph 126.5(2)“b,” must be filed and served at least 10ten days prior to the date of hearing unless there is good cause for permitting later action or the time for such action is lengthened or shortened by the board or presiding officer.    b.    Motions for summary judgmentand motions to dismiss for lack of jurisdiction.    (1)   Motions for summary judgment shall comply with the requirements of Iowa Rule of Civil Procedure 1.981 and shall be subject to disposition according to the requirements of that rule to the extent such requirements are not inconsistent with the provisions of this chapter or any other provision of law governing the procedure in contested cases.    (2)   Motions for summary judgmentand motions to dismiss for lack of jurisdiction must be filed and served no later than 90 days after service of the notice of appeal, unless good cause is shown for a later filing. Good cause may include, but is not limited to, information the moving party obtains through discovery. Any party resisting the motion shall file and serve a resistance within 20 days, unless otherwise ordered by the board or presiding officer, from the date a copy of the motion was served. The time fixed for hearing or nonoral submission shall be not less than 30 days after the filing of the motion, unless a shorter time is ordered by the presiding officer.The board may request oral argument on the motion or may issue a ruling without argument. A summary judgment order rendered on all issues in a contested caseor order on motion to dismiss for lack of jurisdiction is subject to rehearingreconsideration pursuant to subrule 126.9(2).    c.    Motions to withdraw.An appellant may withdraw the appeal prior to the hearing. Such a withdrawal of an appeal must be in writing and signed by the appellant or the appellant’s designated representative. Unless otherwise provided, withdrawal shall be with prejudice and the appellant shall not be able to refile the appeal. Within 20 days of the board’s granting of a withdrawal of appeal, the appellant may make a motion to reopen the file and rescind the withdrawal based upon fraud, duress, undue influence, or mutual mistake.    d.    Motions for refund.For assessment years beginning on or after January 1, 2018, ifIf the board reduces an assessment following a contested case hearing, the appellant shall be notified in the board’s final agency action of the appellant’s right to elect to be refunded for taxes already paid by filing a motion with the board. Such a motion shall be filed within 10ten days of the board’s final agency action. If the appellant does not timely file a motion for refund, any change in taxes resulting from the assessment reduction shall be credited toward future tax payments.    126.5(3) Settlements.  Parties to a case may propose to settle all or some of the issues in the case at any time prior to the issuance of a final decision. A settlement of an appeal shall be jointly signed by the parties, or their designated representatives, and filed with the board. The settlement filed with the board shall indicate whether the assessment modification will result in a tax refund or a credit toward future tax payments. The board will not approve a settlement unless the settlement is reasonable in light of the whole record, consistent with law, and in the public interest. Board adoption of a settlement constitutes the final decision of the board on issues addressed in the settlement.

        ITEM 7.    Amend rule 701—126.6(421,441) as follows:

    701—126.6(421,441) Hearing scheduling and discovery plan.      126.6(1) When required.  For appeals involving properties classified commercial, industrial, or multiresidential and assessed at $2$3 million or more, the parties shall confer and file a hearing scheduling and discovery plan within 60 days of the notice provided in subrule 126.2(5). In any other appeal, the parties may jointly file a hearing scheduling and discovery plan or the board may, on its own motionor the motion of any party, require parties to file a hearing scheduling and discovery plan. The dates established in a hearing scheduling and discovery plan under this rule shall supersede any dates set forth in any other rule in this chapter.    126.6(2) Prehearing conference.  A party may request a prehearing conference to resolve any disputed issue pertaining to the hearing scheduling and discovery plan.    126.6(3) Modification.  The parties may jointly agree to modify the plan. If one party seeks to modify the plan, the party must show good cause for the modification.    126.6(4) Failure to comply.  A party that fails to comply with a plan shall be required to show good cause for failing to comply and that the other party is not substantially prejudiced. Failing to comply with a plan may result in sanctions including, but not limited to, the exclusion of evidence or dismissal of the appeal.

        ITEM 8.    Amend rule 701—126.7(421,441) as follows:

    701—126.7(421,441) Discovery and evidence.      126.7(1) Discovery procedure.  The scope of discovery described in Iowa Rule of Civil Procedure 1.503 shall apply to contested case proceedings. When considering a question of relevancy, the board shall consider the provisions of Iowa Code chapter 441, 701—Chapter 71, and other applicable law. The following discovery procedures available in the Iowa Rules of Civil Procedure are available to the parties in a contested case proceeding: depositions upon oral examination or written questions; written interrogatories; production of documents, electronically stored information, and things; entry upon land for inspection and other purposes; and requests for admission. The time frames for discovery in specific Iowa Rules of Civil Procedure govern those specific procedures, unless lengthened or shortened by the board.    a.    Iowa Rules of Civil Procedure 1.701 through 1.717 regarding depositions shall apply to any depositions taken in an appeal. Any party taking a deposition in an appeal shall be responsible for any deposition costs. Deposition costs include, but are not limited to, reimbursement for mileage of the deponent, costs of a certified shorthand reporter, and expert witness fees, as applicable.    b.    Subject to the limitations in paragraph 126.7(1)“h,”Iowa Rule of Civil Procedure 1.509 shall apply to any interrogatories propounded in an appeal.    c.    Subject to the limitations in paragraph 126.7(1)“h,”Iowa Rule of Civil Procedure 1.512 shall apply to any requests for production of documents, electronically stored information, and things; and entry upon land for inspection and other purposes in an appeal.    d.    Iowa Rule of Civil Procedure 1.510 shall apply to any requests for admission in an appeal. Iowa Rule of Civil Procedure 1.511 regarding the effect of an admission shall apply in an appeal.    e.    The mandatory disclosure and discovery conference requirements in Iowa Rules of Civil Procedure 1.500 and 1.507 do not apply to appeals before the board.    f.    Iowa Rule of Civil Procedure 1.508 shall apply to discovery of any experts identified by a party to an appeal.    g.    Discovery shall be served on all parties to the appeal, but shall not be filed with the board. Parties shall file a notice with the board when a notice of deposition or a discovery request or response is served on another party. The notice filed with the board shall include the date, the manner of service, and the names and addresses of the persons served. Other discovery materials shall not be filed unless ordered by the presiding officer.    h.    In addition to the limits on discovery requests in Iowa Rule of Civil Procedure 1.509 and 1.512, the following limits shall apply to appeals of property assessed for less than $1 million:    (1)   A party shall not serve on any other party more than 15 interrogatories, including all discrete subparts.    (2)   A party shall not serve on any other party more than ten requests for production of documents, electronically stored information, and things.A party to the appeal may file a motion with the board requesting leave to serve additional discovery requests. The motion shall set forth the proposed interrogatories or requests for production of documents and the reasons establishing good cause for their use.    126.7(2) Discovery motions.  Prior to filing any motion related to discovery, parties shall make a good-faith effort to resolve discovery disputes without the involvement of the board or presiding officer. Any motion related to discovery shall allege that the moving party has made a good-faith attempt to resolve the discovery issues involved with the opposing party. Opposing parties shall be given the opportunity to respond within 10 days of the filing of the motion unless the time is shortened by order of the board or presiding officer. The board or presiding officer may rule on the basis of the written motion and any response or may have a hearing or other proceedings on the motion.    126.7(3) Evidence.      a.    Admissibility.The presiding officer shall rule on admissibility of evidence and may take official notice of facts in accordance with all applicable requirements of law. Evidence obtained in discovery may be used in the case proceeding if that evidence would otherwise be admissible in that proceeding.    b.    Stipulations.Stipulation of facts by the parties is encouraged. The presiding officer may make a decision based on stipulated facts.    c.    Scope of admissible evidence.Evidence in the proceeding shall be confined to the issues contained in the notice from the board prior to the hearing, unless the parties waive their right to such notice or the presiding officer determines that good cause justifies expansion of the issues. Admissible evidence is that which, in the opinion of the board, is determined to be material, relevant, or necessary for the making of a just decision in accordance with the provisions of Iowa Code section 441.21, 701—Chapter 71, or other applicable law. Upon an objection pursuant to paragraph 126.7(3)“e,” irrelevant, immaterial or unduly repetitious evidence may be excluded. A finding shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs, and may be based upon such evidence even if it would be inadmissible in a jury trial. Hearsay evidence is admissible. The rules of privilege apply in all proceedings before the board.    d.    Exhibits, exhibit and witness lists, and briefs.The party seeking admission of an exhibit must provide an opposing party with an opportunity to examine the exhibit prior to the ruling on its admissibility. Copies of documents to be used as evidence, exhibit lists, and a list of witnesses intended to be called at hearing shall be served on the opposing party at least 21 calendar days prior to the hearing, unless the time period is extended or shortened by the board or presiding officer or the parties have filed a hearing scheduling and discovery plan under rule 701—126.6(421,441). Rebuttal evidence need not be exchanged or served on the opposing party prior to the hearing. All exhibits and briefs admitted into evidence shall be appropriately marked and be made part of the record. The appellant shall mark each exhibit with consecutive numbers. The appellee shall mark each exhibit with consecutive letters.     (1)   The local board of review’s Exhibit A shall be the subject property’s property record card after implementation of the final decision of the board of review, including the cost report.    (2)   The local board of review’s Exhibit B shall be the final decision of the local board of review.    (3)   The local board of review’s Exhibit C shall be the appellant’s petition to the local board of review.    e.    Objections.Any party may object to specific evidence or may request limits on the scope of examination or cross-examination. Such an objection shall be accompanied by a brief statement of the grounds upon which the objection is based. The objection, the ruling on the objection, and the reasons for the ruling shall be noted in the record. The presiding officer may rule on the objection at the time it is made or may reserve a ruling until the written decision.    f.    Offers of proof.Whenever evidence is ruled inadmissible, the party offering that evidence may submit an offer of proof on the record. The party making the offer of proof for excluded oral testimony shall briefly summarize the testimony or, with permission of the presiding officer, present the testimony. If the excluded evidence consists of a document or exhibit, it shall be marked as part of an offer of proof and inserted in the record.    g.    Judicial notice of property record cards.Without additional notice, the board may take judicial notice of the property record card or cost report of the subject property if electronically available to the public through the assessor’s Web site. At its discretion, the board may take judicial notice of property record cards or cost reports of comparable properties identified by the parties as provided under Iowa Code section 17A.14(4) if electronically available to the public through the assessor’s Web site. If the board takes judicial notice of any property record card or cost report, such card or report shall become part of the board’s official agency record for the appeal.    126.7(4) Subpoenas.      a.    Issuance.    (1)   Pursuant to Iowa Code section 17A.13(1), a subpoena shall be issued to a party on request, unless otherwise excluded pursuant to this subrule. The request shall be in writing and include the name, address, and telephone number of the requesting party. In absence of good cause for permitting later action, a request for subpoena must be received at least 14 days before the scheduled hearing.    (2)   Except to the extent otherwise provided by law, parties are responsible for service of their own subpoenas and payment of witness fees and mileage expenses.    (3)   The board shall refuse to issue a subpoena when there is reasonable ground to believe the subpoena is requested for the purpose of harassment; may seek irrelevant information as provided under Iowa Code section 441.21, 701—Chapter 71, or other applicable law; or is untimely. If the board refuses to issue a subpoena, the board shall provide a written statement of the ground for refusal. A party to whom a refusal is issued may obtain a prompt hearing before the board regarding the refusal by filing with the board and serving on all parties a written request for hearing.    b.    Motion to quash or modify.Upon motion, the board or presiding officer may quash or modify a subpoena for any lawful reason in accordance with the Iowa Rules of Civil Procedure or pursuant to this subrule.

        ITEM 9.    Amend rule 701—126.8(421,441) as follows:

    701—126.8(421,441) Hearings before the board.      126.8(1) Prehearing conference.  An informal conference of parties may be ordered at the discretion of the board or presiding officer or at the request of any party for any appropriate purpose. Any agreement reached at the conference shall be made a part of the record in the manner directed by the board or presiding officer.    126.8(2) Notice of hearing.  Unless otherwise designated by the board, the hearing shall be held in the hearing room of the board. All hearings are open to the public. IfUnless subject to a hearing scheduling and discovery plan, if a hearing is requested, the board shall serve a notice of hearing to the parties at least 30 days prior to the hearing. The parties may jointly waive the 30-day notice by following the provisions of subrule 126.8(3). The notice of hearing shall contain the following information:    a.    A statement of the date, time, and place of the hearing;    b.    A statement of legal authority and jurisdiction under which the hearing is to be held;    c.    A reference to the particular sections of the statutes and rules involved;    d.    That the parties may appear and present oral arguments;    e.    That the parties may submit evidence and briefs;    f.    That the hearing will be electronically recorded by the board;    g.    That a party may obtain a certified court reporter for the hearing at the party’s own expense;    h.    That audiovisual aids and equipment are to be provided by the party intending to use them;    i.    A statement that, upon submission of the appeal, the board will take the matter under advisement. An order will be issued to the parties; and    j.    A compliance notice required by the Americans with Disabilities Act (ADA).    126.8(3) Waiver of 30-day notice.  The parties to the appeal may jointly waive the 30-day written notice requirement for a hearingin Iowa Code section 441.37A by submitting a mutually agreed upon hearing date approved by the board. The waiver must be signed by the parties or their designated representatives and filed with the board. By waiving notice, the parties acknowledge they are ready to proceed with the hearing. The parties will be contacted when a hearing date is available but notice for said date may be less than 30 days. The parties will have the right to accept or reject the hearing date.    126.8(4) Continuance.  Any hearing may be continued for “good cause.” “Good cause” is equated to any cause not growing out of the fault or negligence of the movant, which satisfies the board that substantial justice will more nearly be obtained if the case is continued. A motion to continue the hearing shall be in writing and, except in exigent or other unusual circumstances, filed not later than 7 days before the hearing or immediately upon “the cause” becoming known. The motion must contain sufficient specific information or be supported by sufficient evidentiary materials or both to allow the board to determine whether there is “good cause” and whether the alleged cause grows out of the fault or negligence of the moving party. An emergency oral continuance may be obtained from the board or presiding officer based on “good cause” and at the discretion of the board or presiding officer. In determining whether to grant a continuance, the board or presiding officer may consider:    a.    Prior continuances;    b.    The interests of all parties;    c.    The likelihood of informal settlement;    d.    The existence of an emergency;    e.    Any objection;    f.    Any applicable time requirements;    g.    The existence of a conflict in the schedules of counsel, parties, or witnesses;    h.    The timeliness of the request; and    i.    Other relevant factors, including the existence of a hearing scheduling and discovery plan.    126.8(5) Telephoneand video proceedings.  The board or presiding officer may conduct a telephoneor video conference in which all parties have an opportunity to participate to resolve preliminary procedural motions. Other proceedings, including contested case hearings, may be held by telephoneor video. The board will determine the location of the parties and witnesses for telephoneand video hearings. The convenience of the witnesses or parties, as well as the nature of the case, will be considered when the location is chosen.    126.8(6) Hearing procedures.  A party to the appeal may request a hearing, or the appeal may proceed without a hearingas a written consideration. The local board of review may be present and participate at such hearing. Hearings may be conducted by the board or by one or more of its members.    a.    Authority of presiding officer.The presiding officer presides at the hearing and may rule on motions, require briefs, issue a decision, and issue such orders and rulings as will ensure the orderly conduct of the proceedings.    b.    Representation.Parties to the appeal have the right to participate or to be represented in all hearings. Any party may be represented by an attorney or by a designated representative. A partnership, corporation, or association may be represented by any member, officer, director, or duly authorized agent.    c.    Participation in hearing.The parties to the appeal have the right to introduce evidence relevant to the grounds set out in the protest to the local board of review. Subject to terms and conditions prescribed by the presiding officer, parties have the right to introduce evidence on issues of material fact, cross-examine witnesses present at the hearing as necessary for a full and true disclosure of the facts, present evidence in rebuttal, and submit briefs and engage in oral argument.    d.    Decorum.The presiding officer shall maintain the decorum of the hearing and may refuse to admit or may expel anyone whose conduct is disorderly.    e.    Conduct of the hearing.The presiding officer shall conduct the hearing in the following manner:    (1)   The presiding officer shall give an opening statement briefly describing the nature of the proceedings;    (2)   The parties shall be given an opportunity to present opening statements;    (3)   The parties shall present their cases in the sequence determined by the presiding officer;    (4)   Each witness shall be sworn or affirmed by the presiding officer and shall be subject to examination and cross-examination. Witnesses may be sequestered during the hearing. The presiding officer may limit questioning in a manner consistent with law; and    (5)   When all parties and witnesses have been heard, parties may be given the opportunity to present final arguments.    126.8(7) Dismissal.  If a party fails to appear or participate in an appeal hearing after proper service of notice, the presiding officer may dismiss the appeal unless a continuance is granted for good cause. If an appeal is dismissed for failure to appear, the board shall have no jurisdiction to consider any subsequent appeal on the appellant’s protest.    126.8(8) Hearing recordings.  All hearings shall be electronically recorded. Any party may request a copy of the hearing recording and pay a fee associated with preparing the copy. Any party may provide a certified court reporter at the party’s own expense.     126.8(9) Members participating.  Each appeal may be considered by one or more members of the board, and the chairperson of the board may assign members to consider appeals. If the appeal is considered by less than the full membership of the board, the determination made by such members shall be forwarded to the full board for approval, rejection, or modification. Decisions shall affirm, modify, or reverse the decision, order, or directive from which an appeal was made. In order for the decision to be valid, a majority of the board must concur on the decision on appeal.    126.8(10) Ex parte communications with board members.  Written, oral or other forms of communication are “ex parte” if made without notice and opportunity for all parties to participate. Ex parte communications between a person or party and any board members in connection with any issue of fact or law in the contested case proceeding is prohibited except as permitted by Iowa Code section 17A.17. All of the provisions of Iowa Code section 17A.17 apply to proceedings before the board.    126.(10) 126.8(11) Disqualification of board member.  A board member or members must, on their own motion or on a motion from a party in the proceeding, withdraw from participating in an appeal if there are circumstances that warrant disqualification.    a.    A board member or members shall withdraw from participation in the making of any proposed or final decision in an appeal before the board if that member is involved in one of the following circumstances:    (1)   Has a personal bias or prejudice concerning a party or a representative of a party;    (2)   Has personally investigated, prosecuted, or advocated in connection with the appeal, the specific controversy underlying that appeal, or another pending factually related matter, or a pending factually related controversy that may culminate in an appeal involving the same parties;    (3)   Is subject to the authority, direction, or discretion of any person who has personally investigated, prosecuted, or advocated in connection with that matter, the specific controversy underlying the appeal, or a pending factually related matter or controversy involving the same parties;    (4)   Has acted as counsel to any person who is a private party to that proceeding within the past two years;    (5)   Has a personal financial interest in the outcome of the appeal or any other significant personal interest that could be substantially affected by the outcome of the appeal;    (6)   Has a spouse or relative within the third degree of relationship who:
    1. Is a party to the appeal, or an officer, director or trustee of a party;
    2. Is a lawyer in the appeal;
    3. Is known to have an interest that could be substantially affected by the outcome of the appeal; or
    4. Is likely to be a material witness in the appeal; or
        (7)   Has any other legally sufficient cause to withdraw from participation in the decision making in that appeal.        b.    Motion for disqualification.     (1)   If a party asserts disqualification on any appropriate ground, including those listed in paragraph 126.8(10)“a,”126.8(11)“a,” the party shall file a motion supported by an affidavit pursuant to Iowa Code section 17A.11. The motion must be filed as soon as practicable after the reason alleged in the motion becomes known to the party. If, during the course of the hearing, a party first becomes aware of evidence of bias or other grounds for disqualification, the party may move for disqualification, but must establish the grounds by the introduction of evidence into the record.    (2)   If a majority of the board determines that disqualification is appropriate, the board member shall withdraw. If a majority of the board determines that withdrawal is not required, the board shall enter an order to that effect. A party asserting disqualification may seek an interlocutory appeal and a stay as provided under 701—Chapter 7.    c.    The term “personally investigated” means taking affirmative steps to interview witnesses directly or to obtain documents or other information directly. The term “personally investigated” does not include general direction and supervision of assigned investigators, unsolicited receipt of information which is relayed to assigned investigators, review of another person’s investigative work product in the course of determining whether there is probable cause to initiate a proceeding, or exposure to factual information while performing other functions of the board, including fact gathering for purposes other than investigation of the matter which culminates in an appeal. Factual information relevant to the merits of an appeal received by a person who later serves as presiding officer or a member of the board shall be disclosed if required by Iowa Code section 17A.11 and this rule.    d.    Withdrawal. In a situation where a presiding officer or any other board member knows of information which might reasonably be deemed to be a basis for disqualification and decides voluntary withdrawal is unnecessary, that person shall submit the relevant information for the record by affidavit and shall provide for the record a statement of the reasons for the determination that withdrawal is unnecessary.

        ITEM 10.    Amend rule 701—126.9(421,441) as follows:

    701—126.9(421,441) Posthearing motions.      126.9(1) Motion to reopen records.  The board or presiding officer, on the board’s or presiding officer’s own motion or on the motion of a party, may reopen the record for the reception of further evidence. A motion to reopen the record may be made anytime prior to the issuance of a final decision.A motion to reopen the record filed after issuance of the final decision will not be considered. In ruling on a motion to reopen the record from a party filed prior to issuance of the final decision, the board may consider:    a.    Whether the information sought to be admitted is material;    b.    The timeliness of the motion;    c.    Whether the information sought to be admitted was available as of the date for hearing or written consideration and whether there is good cause for failing to present it;    d.    The prejudice on the other party;    e.    Any and all other factors deemed relevant by the board.    126.9(2) Rehearing and reconsideration.      a.    Application for rehearing or reconsideration.Any party to a case may file an application for rehearing or reconsideration of the final decision. The application for rehearing or reconsideration shall be filed within 20 days after the final decision in the case is issued.The board’s consideration of the application shall be limited to the admitted exhibits and testimony offered at the hearing. No new evidence will be accepted or considered.    b.    Contents of application.Applications for rehearing or reconsideration shall specify the findings of fact and conclusions of law claimed to be erroneous, with a brief statement of the alleged grounds of errorand the relief sought. If a claim of error of fact is asserted, the application should clearly specify the factual error and cite to admitted exhibits or testimony in support of the claim. If a claim of error of law is asserted, the application should clearly specify the legal error and cite statutes, case law, administrative rules, or other sources of law in support of the claim. Any application for rehearing or reconsideration asserting that evidence has arisen since the final order was issued as a ground for rehearing or reconsideration shall present the evidence by affidavit that includes an explanation of the competence of the person to sponsor the evidence and a brief description of the evidence sought to be included.    c.    Notice to other parties.A copy of the application shall be timely mailed by the applicant to all parties of record not joining therein.The applicant shall serve a copy of the application on all parties to the contested case in accordance with rules 701—126.3(421,441) and 701—126.4(421,441). If the application does not contain a certificate of service, the board shall serve copies on all parties.    d.    Requirements for objectionsResistance to applications for rehearing or reconsideration.An answer or objectionA resistance to an application for rehearing or reconsideration must be filed within 14ten days of the date the application was filed with the board, unless otherwise ordered by the board.    e.    Disposition.Any application for a rehearing shall be deemed denied unless the board grants the application within 20 days after its filing.

        ITEM 11.    Amend rule 701—126.10(17A,441) as follows:

    701—126.10(17A,441) Judicial review.      126.10(1) Appeals of board decisions.  A party may seek judicial review of a decision rendered by the board. The filing of the petition does not itself stay execution or enforcement of the board’s final decision. The board may grant a stay on appropriate terms or other temporary remedies during the pendency of judicial review.    a.    For assessment years prior to January 1, 2018, a party may seek judicial review by filing a written notice of appeal with the clerk of the district court where the property is located within 20 days after the board’s final agency action is postmarked to the appellant or the final agency action is filed in the board’s electronic filing system. Iowa Code chapter 17A applies to judicial review of the board’s final decision.    b.    a.    For assessment years beginning on or after January 1, 2018, aA party may seek judicial review of a decision rendered by the board by filing a petition for judicial review with the clerk of the district court where the property is located within 30 days after the board’s action pursuant to Iowa Code chapter 17A.Within ten days of filing for judicial review, the party seeking judicial review must serve notice on the board and notice on all parties to the contested case proceeding pursuant to Iowa Code chapter 17A.    b.    The party or parties seeking judicial review shall bear the costs of preparing the transcription of the board hearing, if a transcription is required by the reviewing court.    126.10(2) Stays of agency actions.  Any party to a contested case proceeding may petition the board for a stay or other temporary remedies pending judicial review of all or part of that proceeding. The petition shall state the reasons justifying a stay or other temporary remedy. In determining whether to grant a stay, the board or presiding officer shall consider the factors listed in Iowa Code section 17A.19(5)“c.” A stay may be vacated by the board upon application of any other party.

        ITEM 12.    Amend rule 701—126.11(22,421) as follows:

    701—126.11(22,421) Records access.      126.11(1) Location of record.  A request for access to a record should be directed to the custodian.    126.11(2) Office hours.  Open records shall be made available during all customary office hours, which are 8 a.m. to 4:30 p.m. Monday through Friday excluding holidays.    126.11(3) Request for access.  Requests for access to open records may be made in writing, in person, by e-mail, or by telephone. Requests shall identify the particular records sought by name or description in order to facilitate the location of the record. Mail, e-mail, and telephone requests shall include the name, address, and telephone number of the person requesting the information. A person shall not be required to give a reason for requesting an open record.    126.11(4) Response to requests.  Access to an open record shall be provided promptly upon request unless the size or nature of the request makes prompt access infeasible. If the size or nature of the request for access to an open record requires time for compliance, the custodian shall comply with the request as soon as feasible. Access to an open record may be delayed for one of the purposes authorized by Iowa Code section 22.8(4) or 22.10(4). The custodian shall promptly give notice to the requester of the reason for any delay in access to an open record and an estimate of the length of that delay and, upon request, shall promptly provide that notice to the requester in writing. The custodian of a record may deny access by members of the public to the record only on the grounds that such a denial is warranted under Iowa Code sections 22.8(4) and 22.10(4), or that it is a confidential record, or that its disclosure is prohibited by a court or board order. Access by members of the public to a confidential record is limited by law and, therefore, may generally be provided only in accordance with the applicable provisions of law.    126.11(5) Security of record.  No person may, without permission from the secretary, search or remove any record from board files. Examination and copying of board records shall be supervised by the secretary. Records shall be protected from damage and disorganization.    126.11(6) Copying.  A reasonable number of copies of an open record may be made in the board’s office. If photocopy equipment is not available, the custodian shall permit examination of the record and shall arrange to have copies promptly made elsewhere.    126.11(7) Fees.      a.    When charged.The board may charge fees in connection with the examination or copying of records only if the fees are authorized by law. To the extent permitted by applicable provisions of law, the payment of fees may be waived when the imposition of fees is inequitable or when a waiver is in the public interest.    b.    Copying and postage costs.Price schedules for published materials and for photocopies of records supplied by the board are available from the custodian. Copies of records may be made by or for members of the public on board photocopy machines or from electronic storage systems at cost as determined and made available by the custodian. When the mailing of copies of records is requested, the actual costs of such mailing may also be charged to the requester.    c.    Supervisory fee.An hourly fee may be charged for actual board expenses in supervising the examination and copying of requested records when the supervision time required is in excess of one hour. The custodian shall provide the hourly fees to be charged for supervision of records during examination and copying. That hourly fee shall not be in excess of the hourly wage of a board clerical employee who ordinarily would be appropriate and suitable to perform this supervisory function.    d.    Advance deposits.    (1)   When the estimated total fee chargeable under this subrule exceeds $25, the custodian may require a requester to make an advance payment to cover all or a part of the estimated fee.    (2)   When a requester has previously failed to pay a fee chargeable under this subrule, the custodian may require advance payment of the full amount of any estimated fee before the custodian processes a new request from that requester.    126.11(8) Retention of board records.  The board will follow the records retention schedule for administrative case files established by the state records commission.    ARC 6595CUtilities Division[199]Notice of Intended Action

    Proposing rule making related to gathering lines and providing an opportunity for public comment

        The Utilities Board hereby proposes to amend Chapter 10, “Intrastate Gas Pipelines and Underground Gas Storage,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 476.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 479.Purpose and Summary    This proposed rule making requires companies proposing to construct renewable natural gas (RNG) facilities that render natural gas from landfills and animal operations (such as dairies) and that interconnect with intrastate or interstate natural gas pipeline systems to obtain a permit from the Board for construction of gathering lines associated with the project. The proposed amendments define “gathering line” as a natural gas pipeline that transports gas from an anaerobic digester, or similar facility, to a gas treatment center or natural gas transmission line. The Board is proposing the amendments based on the number of companies proposing to construct RNG facilities and because the federal Pipeline and Hazardous Material Safety Administration (PHMSA) is requiring the Board to inspect the gathering lines under the Board’s agency contract with PHMSA. The proposed amendments allow the Board to ensure that gathering lines are constructed in compliance with federal and Board regulations.    The Board issued an order on September 19, 2022, commencing this rule making. The order is available for viewing in the Board’s electric filing system, efs.iowa.gov, under Docket No. RMU-2022-0010.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    No waiver provision is included in the proposed amendments because the Board has a general waiver provision in rule 199—1.3(17A,474,476) that provides procedures for requesting a waiver of the rules in this chapter.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 November 8, 2022. Comments should be directed to: IT Support Iowa Utilities Board Phone: 515.725.7300 Email: ITSupport@iub.iowa.govPublic Hearing     An oral presentation at which persons may present their views orally or in writing will be held as follows: December 16, 2022 1:30 to 3:30 p.m. Board Hearing Room 1375 East Court Avenue Des Moines, Iowa     Persons who wish to make oral comments at the oral presentation 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 oral presentation 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 subrule 10.1(2) as follows:    10.1(2)  When a permit is required.   A pipeline permit shall be required for any pipeline which will:    a.    Will operate at a pressure in excess of 150 pounds per square inch gauge (psig) or which, regardless of operating pressure, is a transmission line as defined in ASME B31.8 or 49 CFR 192.3. Using the factors set out in rule 199—10.14(479), the board shall determine whether a pipeline is a transmission line and requires a permit.    b.    Is a gathering line as defined in subrule 10.1(3).

        ITEM 2.    Adopt the following new definition of “Gathering line” in subrule 10.1(3):        "Gathering line" means a natural gas pipeline that transports gas from an anaerobic digester, or similar facility, to a gas treatment facility or natural gas transmission line.

        ITEM 3.    Reletter paragraph 10.3(1)"l" as 10.3(1)"m".

        ITEM 4.    Adopt the following new paragraph 10.3(1)"l":    l.    Exhibit L. A petition for a permit for a gathering line as defined in subrule 10.1(3) shall include information showing compliance with 49 CFR 192.9.    ARC 6596CUtilities Division[199]Notice of Intended Action

    Proposing rule making related to equipment distribution program and providing an opportunity for public comment

        The Utilities Board hereby proposes to amend Chapter 37, “Equipment Distribution Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 476.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 477C.Purpose and Summary    The Board is conducting a comprehensive review of its administrative rules in accordance with Iowa Code section 17A.7(2). Prior to submission of this Notice of Intended Action, the Board shared a draft version with stakeholders and invited comments. The Board considered the stakeholder comments in preparing the proposed amendments. The Board initiated this proposed rule making to identify and update provisions in Chapter 37 that are outdated, inconsistent, or incompatible with statutes and other rules. The Board is proposing amendments to update income eligibility figures, to update the equipment application process and the eligibility requirements, and to make other nonsubstantive changes.    The Board issued an order commencing this rule making on September 20, 2022. The order is available for viewing in the Board’s electronic filing system, efs.iowa.gov, under Docket No. RMU-2022-0037.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    No waiver provision is included in the proposed amendments because the Board has a general waiver provision in rule 199—1.3(17A,474,476) that provides procedures for requesting a waiver of the rules in this chapter.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 November 8, 2022. Comments should be directed to:IT Support Iowa Utilities Board Phone: 515.725.7300 Email: ITSupport@iub.iowa.govPublic Hearing    An oral presentation at which persons may present their views orally or in writing will be held as follows:December 16, 2022 9 to 11 a.m.Board Hearing Room 1375 East Court Avenue Des Moines, Iowa     Persons who wish to make oral comments at the oral presentation 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 oral presentation 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 199—37.1(477C) as follows:

    199—37.1(477C) Purpose.  This chapter describes the board’s program established pursuant to Iowa Code section 477C.4 to secure, finance, and distribute telecommunications devices for the deaf. The board’s equipment distribution program serves eligible individuals who are deaf or hard of hearinghard-of-hearing or who have difficulty with speech.The equipment distribution program will be limited by revenue considerations and annual budget amounts set by the board, with the advice of the dual party relay council established in Iowa Code section 477C.5. Before submitting a proposed annual budget to the board, the board’s equipment distribution program project manager shall provide the council with the proposed budget for the council’s review and discussion at a council meeting. The project manager will advise the board of any council recommendations regarding the proposed budget. When the budgeted amounts for a period are committed or expended, no further vouchers for equipment will be issued until the next period when the board budgets additional amounts.

        ITEM 2.    Amend rule 199—37.4(477C), introductory paragraph, as follows:

    199—37.4(477C) Application process and eligibility.  Applications will be processed in queue as determined by the program administrator. No person will be entitled to equipment at a particular time merely because that person meets the eligibility requirements. Additional vouchers will not be issued during a period if unpaid vouchers are outstanding for the remaining funds budgeted for the period. To be eligible to receive a voucher for equipment under the program, a person must satisfy the following requirements. By signing the application formor otherwise averring to the accuracy of the information contained in the application, an applicantor the applicant’s power of attorney certifies that the information provided therein is true.

        ITEM 3.    Amend subrules 37.4(6) to 37.4(8) as follows:    .(6)   An applicant’s gross annual family income must be equal to or less than $65,000$76,000 for a family of two. Family sizes above or below two will increase or decrease that amount in $9,000$10,000 increments per family member change.    .(7)   The applicant will be limited to a voucher for one type of equipment or equipment package. If there are individuals in the same household who have different communication impairments that require different types of equipment, the individuals may make a joint request or separate requests to the program administrator. The program administrator may grant those portions of the requests that satisfy the eligibility requirements in this rule.    .(8)   Reapplication. Prior voucher recipients may reapply through the program to replace existing equipment or to obtain new equipment, as appropriate. Reapplication will be limited by a five-yearthree-year waiting period. The reapplication period may be shortened by the board’s equipment distribution program project manager in an individual case for good cause shown. At the time of reapplication for equipment, it is not necessary for the applicant’s need for the equipment to be reverified by an appropriate professional. The program administrator shall verify that the applicant reapplying for equipment previously qualified for and continues to qualify for a voucher.    ARC 6606CWorkforce Development Department[871]Notice of Intended Action

    Proposing rule making related to unemployment insurance and providing an opportunity for public comment

        The Director of the Workforce Development Department hereby proposes to amend Chapter 23, “Employer’s Contribution and Charges,” Chapter 24, “Claims and Benefits,” and Chapter 26, “Contested Case Proceedings,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 96.11.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 96 as amended by 2022 Iowa Acts, House File 2355.Purpose and Summary    These proposed rule changes align with the changes illustrated in 2022 Iowa Acts, House File 2355. In particular, the proposed changes prevent employers from being charged for an overpayment in certain situations, update guidelines for voluntary shared work, update the maximum number of benefit weeks, define “misconduct” in relation to unemployment benefits eligibility, update salary guidelines for unemployed job seekers, and provide for claimant appeals to bypass the employment appeal board.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 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 November 8, 2022. Comments should be directed to:Jeffrey Koncsol Iowa Workforce Development 1000 East Grand Avenue Des Moines, Iowa 50319-0209 Email: jeffrey.koncsol@iwd.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.    Adopt the following new subrule 23.44(4):    23.44(4)   If the department determines that an overpayment has been made, the charge for the overpayment against the employer’s account shall be removed and the account shall be credited with an amount equal to the overpayment from the unemployment compensation trust fund, and this credit shall include both contributory and reimbursable employers. The employer shall not be relieved of charges if benefits are paid because the employer or an agent of the employer failed to respond timely or adequately to the department’s request for information relating to the payment of benefits unless the department determines that an employer’s failure to respond timely or adequately was due to insufficient notification from the department, in which case the employer’s account shall not be charged for the overpayment.

        ITEM 2.    Amend subparagraph 24.2(1)"c" as follows:    (5)   Group “7” claimants are workers who are employed on a reduced workweek with an employer who is under voluntary shared work contract approved by the department. This group pertains only to those individuals who worked full-timefull- or part-time and will again work full-timefull- or part-time if the individuals’ employment, although temporarily suspended, has not been terminated. Once the contract expires, claimants in this group are reviewed for placement in group “3,” “4,” “5,” or “6.”

        ITEM 3.    Amend subrule 24.29(1) as follows:    24.29(1)   Whenever an employer at a factory, establishment, or other premises goes out of business at which the individual was last employed and is laid off, the individual’s account is credited with one-half, instead of one-third, of the wages for insured work paid to the individual during the individual’s base period, which may increase the maximum benefit amount up to 3926 times the weekly benefit amount or one-half of the total base period wages, whichever is less. This rule also applies retroactively for monetary redetermination purposes during the current benefit year of the individual who is temporarily laid off with the expectation of returning to work once the temporary or seasonal factors have been eliminated and is prevented from returning to work because of the going out of business of the employer within the same benefit year of the individual. This rule also applies to an individual who works in temporary employment between the layoff from the business closing employer and the Claim for Benefitsclaim for benefits. For the purposes of this rule, temporary employment means employment of a duration not to exceed four weeks.

        ITEM 4.    Rescind paragraph 24.32(1)"a" and adopt the following new paragraph in lieu thereof:    a.    For the purposes of this rule, “misconduct” is defined as a deliberate act or omission by an employee that constitutes a material breach of the duties and obligations arising out of the employee’s contract of employment. Misconduct is limited to conduct evincing such willful or wanton disregard of an employer’s interest as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of employees, or in carelessness or negligence of such degree of recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to the employer. Misconduct by an individual includes but is not limited to all of the following:    (1)   Material falsification of the individual’s employment application.    (2)   Knowing violation of a reasonable and uniformly enforced rule of an employer.    (3)   Intentional damage of an employer’s property.    (4)   Consumption of alcohol, illegal or nonprescribed prescription drugs, or an impairing substance in a manner not directed by the manufacturer, or a combination of such substances, on the employer’s premises in violation of the employer’s employment policies.    (5)   Reporting to work under the influence of alcohol, illegal or nonprescribed prescription drugs, or an impairing substance in an off-label manner, or a combination of such substances, on the employer’s premises in violation of the employer’s employment policies, unless the individual is compelled to work by the employer outside of scheduled or on-call working hours.    (6)   Conduct that substantially and unjustifiably endangers the personal safety of coworkers or the general public.    (7)   Incarceration for an act for which one could reasonably expect to be incarcerated that results in missing work.    (8)   Incarceration as a result of a misdemeanor or felony conviction by a court of competent jurisdiction.    (9)   Excessive unexcused tardiness or absenteeism.    (10)   Falsification of any work-related report, task, or job that could expose the employer or coworkers to legal liability or sanction for violation of health or safety laws.    (11)   Failure to maintain any license, registration, or certification that is reasonably required by the employer or by law, or that is a functional requirement to perform the individual’s regular job duties, unless the failure is not within the control of the individual.    (12)   Conduct that is libelous or slanderous toward an employer or an employee of the employer if such conduct is not protected under state or federal law.    (13)   Theft of an employer’s or coworker’s funds or property.    (14)   Intentional misrepresentation of time worked or work carried out that results in the individual receiving unearned wages or unearned benefits.

        ITEM 5.    Amend subparagraph 24.46(5)"c" as follows:    (1)   If the individual’s prospects for obtaining work within a reasonably short period are “good,” the individual is required to actively seek, apply for or accept, suitable work in which, all other considerations being reasonably equal, the gross average weekly wage equals or exceeds 6560 percent of the individual’s average weekly wage from the highest earnings quarter of the individual’s base period.

        ITEM 6.    Amend rule 871—24.58(96), introductory paragraph, as follows:

    871—24.58(96) Voluntary shared work.  The voluntary shared work program provides that employers facing a temporary shortfall may reduce the work hours of employees in an affected unit and those employees will receive a portion of their regular unemployment insurance benefits. The program is designed to reduce unemployment and stabilize the workforce by allowing certain employees to collect unemployment insurance benefits if the employees share the work remaining after a reduction in the total number of hours of work and a corresponding reduction in wages.The reduction in work hours for employees is based on a work week comprised of 40 or fewer hours, and not a work week exceeding 40 hours. Additional information may be obtained by contacting the voluntary shared work coordinator. The employer may apply to participate in the program by completing a shared work plan application, which must be approved by the department. The employer shall submit the plan to the department 30 days prior to the proposed implementation date. The employer will administer the program in cooperation with the department. Participating employees will complete the employee information form and claim for benefits and return them to the employer, who will submit them to the department. Administrative penalties in force during the duration of the plan will make an employee ineligible for the program. Child support obligations will be deducted and unemployment insurance overpayments will be offset as they are for regular unemployment insurance benefits.

        ITEM 7.    Rescind subrule 24.58(4) and adopt the following new subrule in lieu thereof:    24.58(4)   Approval of a plan may be denied or revoked at the discretion of the department if the plan and its actual operation do not meet all the requirements stated in Iowa Code section 96.40. Reasons for denial or revocation of a plan include, but are not limited to:    a.    The provision of false or misleading information to the department;    b.    Unequal treatment of any employee in the affected unit;    c.    A reduction in fringe benefits resulting from participation in the program;    d.    An employer, while participating in the shared work unemployment compensation program, laying off any employee, whether the employee is employed within an affected unit or not; or    e.    Failure by the employer to monitor and administer the program.

        ITEM 8.    Amend paragraph 24.58(7)"a" as follows:    a.    For each week that a voluntary shared work employer has an active plan, the voluntary shared work employer shall submit a certification of hours worked by employees covered by an employer’s approved work share plan in the form or manner directed by the department for each employee covered by the employer’s approved work share plan.This includes a part-time employee provided that the employee meets all other requirements.

        ITEM 9.    Rescind rule 871—26.2(17A,96) and adopt the following new rule in lieu thereof:

    871—26.2(17A,96) Definitions.  Terms defined in the Iowa employment security law and the Iowa administrative procedure Act and which are used in these rules shall have the same meaning as provided by such laws. In addition, the following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:        "Contested case" means a proceeding defined in Iowa Code section 17A.2(5) and includes any matter defined as a no factual dispute contested case in 17A.10A. It specifically includes any appeal from a determination of a representative of the department or any appeal or request for a hearing by an employer or employing unit from an experience rating, charge determination or other decision affecting its liability. Except as provided in subrule 26.17(5), a final decision of the employment appeal board of the department of inspections and appeals shall constitute final agency action. A presiding officer’s decision shall be the final decision of the department if there is no appeal therefrom to the employment appeal board of the department of inspections and appeals or if the appeal is made directly to the district court in lieu of filing an appeal with the employment appeal board of the department of inspections and appeals.        "Party" means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party.        "Presiding officer" means an administrative law judge employed by the department of workforce development.

        ITEM 10.    Amend subrule 26.13(7) as follows:    26.13(7)   If the subpoena is granted over objection, the aggrieved party may, in accordance with Iowa Code section 17A.13(1), petition the district court for review of the action before proceeding further. The aggrieved party must promptly notify the presiding officer that a petition for judicial review of the subpoena order will be filed immediately so the contested case may be postponed until the court has issued its ruling. Nothing herein shall preclude an aggrieved party from including the granting or denial of a subpoena as grounds for appeal of the presiding officer’s decision in the contested case to the employment appeal board of the department of inspections and appealsor directly to the district court.

        ITEM 11.    Adopt the following new subrule 26.17(6):    26.17(6)   In a claimant benefit contested case, final agency action shall be a presiding officer’s decision, if the claimant fails to appeal the decision to the employment appeal board within 15 days, or the decision of the employment appeal board, if the claimant appealed the decision to that tribunal.    a.    Once final agency action has been established, the claimant has 30 days to file a petition for judicial review with the district court.    b.    Any party in interest may file with the presiding officer a written application for rehearing within 20 days after the issuance of the decision. A request for rehearing is deemed denied unless the presiding officer grants the rehearing request within 20 days after its filing.    c.    Any party in interest may file a petition for judicial review within 30 days after the denial of the request for rehearing.
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