Bulletin 11-30-2022

Front matter not included
ARC 6695CDental Board[650]Notice of Intended Action

Proposing rule making related to authorized scope of practice of dental hygienists and providing an opportunity for public comment

    The Dental Board hereby proposes to amend Chapter 10, “General Requirements,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 147.76 and 153.15.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 153.15.Purpose and Summary    This proposed amendment clarifies that the application of silver diamine fluoride by dental hygienists is permitted as part of the 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 Board for a waiver of the discretionary provisions, if any, pursuant to rule 650—7.4(17A,147,153). Public Comment     Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 30, 2022. Comments should be directed to: Christel Braness Iowa Dental Board 400 S.W. Eighth Street, Suite D Des Moines, Iowa 50309 Phone: 515.242.6369 Fax: 515.281.7969 Email: christel.braness@iowa.gov Public Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making action is proposed:

    ITEM 1.    Amend subrule 10.3(1) as follows:    10.3(1)   “Practice of dental hygiene” as definedThe scope of practice for dental hygienists as established in Iowa Code section 153.15 means the performance of the following educational, therapeutic, preventive and diagnostic dental hygiene services. Such services, except educational services, shall be delegated by and performed under the supervision of a dentist licensed pursuant to Iowa Code chapter 153.    a.    Educational. Assessing the need for, planning, implementing, and evaluating oral health education programs for individual patients and community groups; conducting workshops and in-service training sessions on dental health for nurses, school personnel, institutional staff, community groups and other agencies providing consultation and technical assistance for promotional, preventive and educational services.    b.    Therapeutic. Identifying and evaluating factors which indicate the need for and performing (1) oral prophylaxis, which includes supragingival and subgingival debridement of plaque, and detection and removal of calculus with instruments or any other devices; (2) periodontal scaling and root planing; (3) removing and polishing hardened excess restorative material; (4) administering local anesthesia with the proper permit; (5) administering nitrous oxide inhalation analgesia in accordance with 650—subrules 29.6(4) and 29.6(5)650—subrule 29.3(3); (6) applying or administering medicaments prescribed by a dentist, including chemotherapeutic agents and medicaments or therapies for the treatment of periodontal disease and caries; (7) removal of adhesives.    c.    Preventive. Applying pit and fissure sealants and other medications, including silver diamine fluoride, or methods for caries and periodontal disease control; organizing and administering fluoride rinse or sealant programs.    d.    Diagnostic. Reviewing medical and dental health histories; performing oral inspection; indexing dental and periodontal disease; preliminary charting of existing dental restorations and teeth; making occlusal registrations for mounting study casts; testing pulp vitality; testing glucose levels; analyzing dietary surveys.    e.    The following services may only be delegated by a dentist to a dental hygienist: administration of local anesthesia, placement of sealants, and the removal of any plaque, stain, calculus, or hard natural or synthetic material except by toothbrush, floss, or rubber cup coronal polish.    f.    Phlebotomy.    g.    Expanded function procedures in accordance with 650—Chapter 23.
ARC 6690CHuman Services Department[441]Notice of Intended Action

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

    The Human Services Department hereby proposes to amend Chapter 7, “Appeals and Hearings,” and Chapter 58, “Emergency Assistance,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 29C.20A and 217.6.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 29C.20A and 217.6.Purpose and Summary    Chapter 58 was reviewed as part of the Department’s five-year rules review. This proposed rule making adds a new definition for the term “mitigation” and updates other definitions to match the definitions in Iowa Code chapter 321. The names of forms are proposed to be removed to eliminate unnecessary future changes as form names change. This proposed rule making clarifies that reimbursement for replacement of food or personal property through the Iowa Individual Assistance Grant Program (IIAGP) may be given in the form of checks or gift cards and the applicant must sign a promise to purchase replacement food or personal property.     Requirements relating to submission of receipts for claimed expenses and a request to participate in a voucher system are proposed to be removed; however, an applicant must provide proof of the household’s annual income and an itemized list of items that were damaged by a disaster. Applications are to be submitted within 45 days of a disaster declaration; however, the proposed rule making allows the application period to be extended beyond 45 days if the Governor extends the disaster proclamation.     This proposed rule making allows insurance deductibles to be reimbursed up to the $5,000 limit per household as long as the household provides a denial letter from the insurance company. This proposed rule making clarifies that home repair assistance will be denied if preexisting conditions are the cause of the damage. Repairs to rental dwellings, dwelling units or landlord-owned equipment are excluded under this program. This proposed rule making clarifies that grant funding is limited to personal property, food assistance, home repair and temporary housing and cannot exceed $5,000. The list of items that may be considered personal property is being revised to recategorize items in a more logical manner and remove maximum limits for each personal property type. The list of authorized home repair assistance is also being revised to remove maximum limits for each repair type. This proposed rule making increases the total temporary housing assistance from $2,500 to $5,000 and includes this assistance as part of disaster assistance.      Requirements for notices of adverse action were moved from Chapter 7 to Chapter 16, effective April 15, 2020. Chapter 7 is being updated to reflect that change. The proposed rule making increases the amount of time from 15 days to 30 days that a household may request reconsideration or file an appeal regarding an eligibility determination or a disagreement with the amount of assistance awarded.     This proposed rule making clarifies that the program shall commence on the day following the Governor’s disaster proclamation and shall be provided for a period of up to 180 days. The program may be extended in 90-day intervals when adequate justification is presented, but it cannot exceed 730 days from the date of the proclamation. If the disaster becomes a presidentially declared disaster and a Federal Emergency Management Agency (FEMA) disaster care management (DCM) grant is approved, then assistance may be provided for a period of up to 24 months from the date of the proclamation.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217). Public Comment     Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on December 20, 2022. Comments should be directed to: Nancy Freudenberg Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: appeals@dhs.state.ia.usPublic Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    ITEM 1.    Adopt the following new paragraph 7.3(3)"c":    c.    A final decision from a previous hearing with a presiding officer has been implemented.

    ITEM 2.    Amend paragraphs 7.4(3)"d" and 7.4(3)"e" as follows:    d.    Iowa individual disaster assistance program.For appeals pertaining to the Iowa individual disaster assistance program, the appellant must appeal on or before the fifteenththirtieth day following the date of the department’s reconsideration decision, pursuant to 441—subrule 58.7(1).    e.    Iowa disaster case management program.For appeals pertaining to the Iowa disaster case management program, the appellant must appeal on or before the fifteenththirtieth day following the date of the department’s reconsideration decision, pursuant to 441—subrule 58.7(1).

    ITEM 3.    Adopt the following new definition of “Mitigation” in rule 441—58.1(29C):        "Mitigation" means the effort to reduce the loss of life and property by lessening the impact of disasters to reduce human and financial consequences later.

    ITEM 4.    Amend rule 441—58.1(29C), definitions of “Bona fide residence,” “Fifth-wheel travel trailer,” “Manufactured home,” “Manufactured or mobile home,” “Motor home” and “Travel trailer,” as follows:        "Bona fide residence" "bona fide address," as set forth in Iowa Code section 321.1(6C), means the pre-disaster street or highway address of an individual’s dwelling or dwelling unit.The bona fide residence of a person with more than one dwelling is the dwelling for which the person claims a homestead tax credit under Iowa Code chapter 425, if applicable. The bona fide residence of a homeless person is a primary nighttime residence meeting one of the criteria listed in Iowa Code section 48A.2(2)48A.2(3).        "Fifth-wheel travel trailer," as set forth in Iowa Code section 321.1(36C)“c,”321.1(36D)“c,” means a type of travel trailer which is towed by a pickup by a connecting device known as a fifth wheel. However, this type of travel trailer may have an overall length which shall not exceed 45 feet. If the vehicle is used in this state as a place of human habitation for more than 180 consecutive days in one location, the vehicle shall be classed as a manufactured or mobile home regardless of the size limitations provided in this definition.        "Manufactured home" "modular home," as set forth in Iowa Code section 321.1(36B)321.1(36C), is a factory-built structure constructed under authority of 42 U.S.C. §5403as amended to August 25, 2022, which is required by federal law to display a seal from the United States Department of Housing and Urban Development, and was constructed on or after June 15, 1976.        "Manufactured or mobile home," as set forth in Iowa Code section 321.1(36C)“a,”321.1(36D)“a,” means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons.        "Motor home," as set forth in Iowa Code section 321.1(36C)“d,”321.1(36D)“d,” means a motor vehicle designed as an integral unit to be used as a conveyance upon the public streets and highways and for use as a temporary or recreational dwelling and having at least four, two of which shall be systems specified in paragraph “1,” “4,” or “5” of this definition, of the following permanently installed systems which meet American National Standards Institute and National Fire Protection Association standards in effect on the date of manufacture:
  1. Cooking facilities.
  2. Ice box or mechanical refrigerator.
  3. Potable water supply including plumbing and a sink with faucet either self-contained or with connections for an external source, or both.
  4. Self-contained toilet or a toilet connected to a plumbing system with connection for external water disposal, or both.
  5. Heating or air conditioning system or both, separate from the vehicle engine or the vehicle engine electrical system.
  6. A 110- to 115-volt alternating current electrical system separate from the vehicle engine electrical system either with its own power supply or with a connection for an external source, or both, or a liquefied petroleum system and supply. If the vehicle is used in this state as a place of human habitation for more than 90 consecutive days in one location, the vehicle shall be classed as a manufactured or mobile home regardless of the size limitations provided in this definition.
        "Travel trailer," as set forth in Iowa Code section 321.1(36C)“b,”321.1(36D)“b,” means a vehicle without motive power used, manufactured, or constructed to permit its use as a conveyance upon the public streets and highways and designed to permit its use as a place of human habitation by one or more persons. The vehicle may be up to 8 feet, 6 inches in width and its overall length shall not exceed 45 feet. The vehicle shall be customarily or ordinarily used for vacation or recreational purposes and not used as a place of permanent habitation. If the vehicle is used in this state as a place of human habitation for more than 180 consecutive days in one location, the vehicle shall be classed as a manufactured or mobile home regardless of the size limitations provided in this definition.

    ITEM 5.    Amend subrule 58.2(2) as follows:    58.2(2) Voucher system.  The IIAGP will be implemented through a reimbursement or voucher system.Reimbursement may include checks or gift cards provided to the applicant for replacement food or personal property only. The applicant must sign a promise to purchase replacement food or personal property.

    ITEM 6.    Amend rule 441—58.3(29C) as follows:

441—58.3(29C) Application for assistance.  To request assistance for disaster-related expenses, the household shall complete Form 470-4448, Individual Disaster Assistance Application, and submit it within 45 days of the disaster declaration to the contracted administrative entity along with: (1) receipts for the claimed expenses or (2) a request to participate in a voucher system.    58.3(1)   Application forms are available from an approved administrative entity, as well as the Internet website of the department at www.dhs.iowa.gov.    58.3(2)   The application shall include:    a.    A declaration of the household’s annual income, accompanied by:(1)   Aa current pay stub, W-2 form, or income tax return, or(2)   Documentation of current enrollment in an assistance program administered by the department, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), or other subsidy program.    b.    An authorization to release confidential information to personnel involved in administering the program.    c.    A certification of the accuracy of the information provided.    d.    An assurance that the household had no insurance coverage for claimed items.    e.    A commitment to refund any part of a grant awarded that is duplicated by insurance or by any other assistance program, such as but not limited to local community development groups and charities, the Small Business Administration, or the Federal Emergency Management Administration.    f.    A short, handwritten narrative of how the disaster event caused the claimed loss, including an itemized list of items damaged by the disaster.    g.    A copy of a picture identification document for eachthe adult applicant.    h.    When vehicle damage is claimed, current copies of the vehicle registration and liability insurance card.    58.3(3)   The application period may be extended beyond 45 days through an extension of the governor’s disaster proclamation. If the forty-fifth day falls on a Saturday, Sunday, or holiday, the deadline is moved to the following business day.

    ITEM 7.    Amend subrules 58.4(4) to 58.4(6) as follows:    .(4)   The household hasunmet disaster-related expenses or serious needs that are not covered by insurance or that are less than the deductible amount. This program will not reimburse the amount of the insurance deductible when the claim exceeds the deductible amount.The applicant must provide a denial letter from the insurance company.    .(5)   The household has not previously received assistance from this program or another program for the same lossin the same disaster.    .(6)   Household eligibility for home repair assistance for a dwelling or dwelling unit damaged due to a proclaimed disaster is only available for a household that owns and occupies the dwelling or dwelling unit being repaired.    a.    Assistance will be denied if preexisting conditions are the cause of the damage.    b.    Repairs to rental dwellings, dwelling units, or landlord-owned equipment are excluded under this program.

    ITEM 8.    Amend rule 441—58.5(29C) as follows:

441—58.5(29C) Eligible categories of assistance.  The maximum assistance availableExpenses eligible for grant funding shall be limited to a household in a single disaster ispersonal property, food assistance, home repair and temporary housing and shall not exceed a total of $5,000. Assistance is available under the program for the following disaster-related expenses:    58.5(1)   Personal property and food assistance may be issued for damage to personal property or loss of food, includingreplacement. Eligible items for personal property assistance may include but are not limited to the following items, based on the item’s condition:    a.    Kitchen items, excluding large appliances up to a maximum of $560, includingAppliances or equipment, including:    (1)   Smallhousehold appliances, e.g., toaster, blender, microwave, andincluding, but not limited to:    1.   Toasters,    2.   Blenders,    3.   Microwaves,    4.   Vacuums,    5.   Dehumidifiers, and    6.   Window air conditioners.    (2)   Furnishings (e.g., tables, chairs)Large household appliances, if the appliance is owned by the household and not a landlord.    (3)   Outdoor equipment, including:    1.   Lawn mowers, and    2.   Snow blowers.    b.    Large kitchen appliances or laundry appliances, up to a maximum of $700 per appliance and a maximum per household not to exceed $2,800, if the appliances are owned by the household and not a landlord.    c.    b.    Food, up to a maximum of $50 for one person plus $25 for each additional person in the household.    d.    c.    Personal hygiene items, up to a maximum of $30 per person and $150 per household.    e.    d.    Bedroom furnishings, up to $500 per person.Basic household items, including but not limited to:    (1)   Furnishings (e.g., tables, chairs, dressers, couches, end tables),    (2)   Beds (e.g., mattresses, bedding),    (3)   Curtains or window treatments,    (4)   Car or booster seats,    (5)   Strollers,    (6)   Storage totes,    (7)   Televisions,    (8)   Laptop or desktop computers, and    (9)   Area rugs.    f.    e.    Clothing, up to a maximum of $145 per person.    g.    f.    Living area furnishings, such as: couch, chair, end tables, and television, up to a maximum of $1,000.Short-term transportation, such as bus passes.    h.    g.    Other items, including:Debris removal.    (1)   Dehumidifier, up to a maximum of $250.    (2)   One window air conditioner, up to a maximum of $250.    i.    h.    Vehicle repair, up to a maximum of $500or replacement, if a total loss has occurred.    i.    Other personal property items, as determined by the department, in order to assist the household in making the dwelling or dwelling unit safe, sanitary, and secure.    58.5(2)   Home repair assistance may be issued for home repair for an owner-occupied dwelling or dwelling unit as needed to make the dwelling or dwelling unit safe, sanitary, and secure, up to a maximum of $5,000.    a.    Assistance will be denied if preexisting conditions are the cause of the damage.    b.    Assistance may be authorized for:Repairs to rental dwellings or dwelling units or landlord-owned equipment are excluded under this program.    (1)   The repair of structural components, such as the foundation and roof.    (2)   The repair of floors, walls, ceilings, doors, windows, and carpeting of essential interior living space that was occupied at the time of the disaster.    (3)   Debris removal, including trees, up to a maximum of $1,000.    c.    Repairs to rental dwellings or dwelling units or landlord-owned equipment are excluded under this program.Assistance may be authorized for:    (1)   The repair of structural components, such as the foundation and roof.    (2)   The repair of floors, walls, ceilings, doors, windows, and carpeting of essential interior living space that was occupied at the time of the disaster.    (3)   Mitigation measures.    (4)   Debris removal, including trees.    d.    (5)   Bathroom, up to a maximum of $1,500, including toilet, sink, and tub/shower.    e.    (6)   Sump pumpinstallation (in a flood event only), up to a maximum of $200 installed.    f.    (7)   Electrical or mechanical repairs, up to a maximum of $2,000.    g.    (8)   Water heater, up to a maximum of $1,500 installed.    h.    (9)   Heating systems, up to a maximum of $2,100 installed.    i.    (10)   Air-conditioning systems, up to a maximum of $2,100 installed.    j.    (11)   Water well repair for dwellings or dwelling units with no other source of water available, up to a maximum of $2,000.    k.    (12)   Water softener repair, up to a maximum of $500.    58.5(3)   Temporary housing assistance may be issued to a household, up to a limit of $65 per day, for lodging at a licensed establishment, such as a hotel or motel. The household’s home must be considered to be destroyed, uninhabitable, inaccessible, or unavailable to the household. Temporary housing assistance may also be granted for deposits for a new dwelling. Total temporary housing assistance may not exceed $2,500$5,000 and is included as part of disaster assistance.Temporary housing assistance may also be granted for rental unit application fees, deposits, and first month’s rent for a new dwelling.    58.5(4)   Replacement, repair, or provision of other items of necessity may be approved by the department on a case-by-case basis, up to a maximum of $5,000.

    ITEM 9.    Amend paragraph 58.6(3)"b" as follows:    b.    Notify the applicant household of the eligibility decisionin accordance with notice requirements in 441—Chapter 16.

    ITEM 10.    Amend paragraphs 58.7(1)"b" and 58.7(1)"c" as follows:    b.    To request reconsideration, the household shall submit a written request to the DHS Division of Field Operations—Emergency Assistance, 1305 East Walnut Street, Des Moines, Iowa 50319-0114, within 1530 days of the date of the letter notifying the household of the department’s decision.    c.    The department shall review any additional evidence or documentation submitted and issue a reconsideration decision within 1530 days of receipt of the request.

    ITEM 11.    Amend paragraph 58.7(2)"a" as follows:    a.    Appeals must be submitted in writing, either on Form 470-0487 or 470-0487(S), Appeal and Request for Hearing, or in any form that provides comparable information, to the DHS Appeals Section, 1305 East Walnut Street, Des Moines, Iowa 50319-0114, within 1530 days of the date of the reconsideration decision.

    ITEM 12.    Amend subrule 58.8(1) as follows:    58.8(1) Deferral to federal assistance.  Upon declaration of a disaster by the President of the United States under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Sections 5121 to 52065207, the Iowa individual assistance grant program administered under this chapter shall be discontinued in the geographic area included in the presidential declarationdesignated by the federal individual assistance program. Upon issuance of the presidential declaration:    a.    No more applications shall be accepted.    b.    Any applications that are in process but are not yet approved shall be denied.    c.    Persons seeking assistance under this program shall be advised to apply for federal disaster assistance.

    ITEM 13.    Amend paragraphs 58.23(1)"a" to 58.23(1)"e" as follows:    a.    The program shall be in effect only in those counties named in the proclamation. Assistance for a state-only proclamation shall be provided for a period of up to 180 days from the date of proclamation.     b.    A request for an additional 90-day extension to the period of performance will be considered when adequate justification is presented to the department.The program shall commence on the day following the governor’s disaster proclamation and shall be provided for a period of up to 180 days from the date of proclamation.    c.    The program shall commence on the day following proclamation of a disaster by the governor and remainmay be extended in effect through 180intervals up to 90 days even if the disaster becomes a presidentially proclaimed disaster that authorizes individual assistancewhen adequate justification is presented to the department, but not to exceed 730 days from the date of the proclamation.     d.    The period of performance forIf the disaster transforms to become a presidentially proclaimeddeclared disaster isand a Federal Emergency Management Agency (FEMA) disaster care management (DCM) grant is approved, then assistance may be provided for a period of up to 24 months from the date of the presidential proclamation.     e.    The reporting of the numbers of contacts, cases opened, cases pending, cases closed, and other required reports requested by the department shall be submitted weekly onwith a dayfrequency determined by the department.

    ITEM 14.    Amend paragraphs 58.31(1)"b" and 58.31(1)"c" as follows:    b.    To request reconsideration, the household shall submit a written request to the DHS Division of Field Operations—Emergency Assistance, 1305 East Walnut Street, Des Moines, Iowa 50319-0114, within 1530 days of the date of the letter notifying the household of the contracted entity’s decision.    c.    The department shall review any additional evidence or documentation submitted and issue a reconsideration decision within 1530 days of receipt of the request.

    ITEM 15.    Amend paragraph 58.31(2)"a" as follows:    a.    Appeals must be submitted in writing, either on Form 470-0487 or 470-0487(S), Appeal and Request for Hearing, or in any form that provides comparable information, to the DHS Appeals Section, 1305 East Walnut Street, Des Moines, Iowa 50319-0114, within 1530 days of the date of the reconsideration decision.
ARC 6691CHuman Services Department[441]Notice of Intended Action

Proposing rule making related to reimbursement rates and providing an opportunity for public comment

    The Human Services Department hereby proposes to amend Chapter 82, “Intermediate Care Facilities for Persons with an Intellectual Disability,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 249A.12 and 249A.16.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 249A.12 and 249A.16.Purpose and Summary    During the 2022 Legislative Session, House File 2578, section 31, appropriated funds to increase reimbursement rates for intermediate care facilities for persons with an intellectual disability (ICFs/ID) over the rates in effect on June 30, 2022. The entire rate increase is to be used for the wages and associated costs specific to wages, benefits and required withholding for direct support professionals and frontline management.    These proposed amendments adopt a new wage add-on factor for community-based ICFs/ID to be included in the rates effective July 1, 2022, and after. The wage add-on factor is proposed to be added to the maximum allowable base rate.Fiscal Impact     For the fiscal year beginning July 1, 2022, reimbursement rates for ICFs/ID shall be increased over the rates in effect on June 30, 2022, within the $1,339,971 appropriated for this purpose. This rule making implements the reimbursement rate increases. The entire rate increase is required to be used for the wages and associated costs specific to wages, benefits and required withholding for direct support professionals and frontline management. Jobs Impact    There is a potential to impact wages since providers will be able to increase wages for direct support staff in ICF/ID settings statewide. This may not increase the number of new jobs but instead increase wages for current positions. Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217). Public Comment     Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on December 20, 2022. Comments should be directed to: Nancy Freudenberg Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: appeals@dhs.state.ia.us Public Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making action is proposed:

    ITEM 1.    Adopt the following new subrule 82.5(17):    82.5(17) Wage add-on factor.  A wage add-on factor of $8.86 per day for community-based ICFs/ID shall be included in rates effective July 1, 2022, and after, not subject to the maximum allowable cost ceiling in paragraph 82.5(14)“e,” until rates are established using the cost reports for the period ending June 30, 2023.    a.    In accordance with 2022 Iowa Acts, House File 2578, section 31, the entire wage add-on factor shall be used for wages and associated costs specific to wages, benefits, and required withholding of direct support professionals and frontline management.    b.    The wage add-on factor of $8.86 per day shall be added to the maximum allowable base rate in subparagraph 82.5(14)“d”(1) until the next rebase using cost reports for the period ending June 30, 2024.    c.    The wage add-on factor of $8.86 per day shall be added to the maximum allowable cost ceiling, eightieth percentile of costs of all participating facilities in paragraph 82.5(14)“e,” until the eightieth percentile maximum is established using the December 31, 2023, compilation for rates effective beginning July 1, 2024.
ARC 6692CHuman Services Department[441]Notice of Intended Action

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

    The Human Services Department hereby proposes to amend Chapter 99, “Support Establishment and Adjustment Services,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code chapters 252B, 252C and 252F.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 252B, 252C and 252F.Purpose and Summary    Chapter 99 was reviewed as part of the Department’s five-year rules review. Chapter 99 outlines the rules governing the provision of services provided by the child support recovery unit regarding the establishment of paternity, the establishment of support obligations, the review and adjustment of support obligations, the modification of support obligations, and the suspension and reinstatement of support obligations.     These proposed amendments align the rules with the current procedures for paternity establishment in the Iowa Code. References to the Iowa Code and federal regulations are proposed to be updated to provide accurate listings. Outdated guidance on establishment of support obligations and guidelines for setting support awards are proposed to be rescinded.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217). Public Comment     Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on December 20, 2022. Comments should be directed to: Nancy Freudenberg Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: appeals@dhs.state.ia.us Public Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    ITEM 1.    Amend rule 441—99.22(252F) as follows:

441—99.22(252F) Mother’s certified statement.  Before initiating an action under Iowa Code chapter 252F, the unit may obtain a signed Child Support Information, Form 470-3877, or Establishment Questionnaire, Form 470-3929, or a similar document from the child’s caretaker. The unit shall obtain the Mother’s Written Statement Alleging Paternity, Form 470-3293, from the child’s mother certifying, in accordance with Iowa Code section 622.1, that the man named is or may be the child’s biological father. Government records, including but not limited to an application for public assistance, whichthat substantially meet the requirements of Iowa Code section 622.1 may also be used. In signing Form 470-3293, the mother acknowledges that the unit may initiate a paternity action against the alleged father, and she agrees to accept service of all notices and other documents related to that action by first-class mail. The mother shall sign and return Form 470-3293 to the unit within ten days of the date of the unit’s request.

    ITEM 2.    Amend rule 441—99.23(252F) as follows:

441—99.23(252F) Notice of alleged paternity and support debt.  Following receipt of the Mother’s Written Statement Alleging Paternity, Form 470-3293, or government records, including but not limited to an application for public assistance, whichthat substantially meet the requirements of Iowa Code section 622.1, the unit shall serve a notice of alleged paternity and support debt as provided in Iowa Code section 252F.3.

    ITEM 3.    Amend rule 441—99.24(252F) as follows:

441—99.24(252F) Conference to discuss paternity and support issues.  The alleged fatherA party may request a conference as provided in Iowa Code section 252F.3, subsection (1),252F.3(1) with the office that issued the notice to discuss paternity establishment and the amount of support he may be required to pay.

    ITEM 4.    Amend rule 441—99.29(252F) as follows:

441—99.29(252F) Agreement to entry of paternity and support order.  If the alleged father admits paternity and reaches agreement with the unit on the entry of an order for support, the father may acknowledge his consent on the Child Support Declaration, Form 470-4084. If the mother does not contest paternity within the allowed time period or if the mother waives the time period for contesting paternity, the unit may file the Child Support Declarationform, if applicable, and Administrative Paternity Order with the court in accordance with Iowa Code section 252F.6.

    ITEM 5.    Amend rule 441—99.30(252F) as follows:

441—99.30(252F) Entry of order establishing paternity only.  If the alleged fathera party requests a court hearing on support issues and paternity is not contested, or if paternity was contested but neither party filed a timely challenge of the paternity test results, the unit shall prepare an order establishing paternity and reserving the support issues for determination by the court. The unit shall present the order and other documents supporting the entry of the ex parte paternity-only order to the court for review and approval prior to the hearing on the support issues.

    ITEM 6.    Amend rule 441—99.36(598,600B), definition of “Disestablishment,” as follows:        "Disestablishment" means paternity which is legally overcome under the conditions specified in Iowa Code section 600B.41A or section 598.21, subsection 4A598.21E.

    ITEM 7.    Amend subparagraph 99.39(1)"a" as follows:    (2)   For actions under Iowa Code section 598.21598.21E, the written statement was filed and a guardian ad litem was appointed for the child.

    ITEM 8.    Amend subrule 99.41(1) as follows:    99.41(1) When order may be established.  The bureau chief may establish a child or medical support obligation against a responsible person through the administrative process. This does not preclude the child support recovery unit from pursuing the establishment of an ongoing support obligation through other available legal proceedings. When gathering information to establish a support order, the unit may obtain a signed Child Support Information, Form 470-3877, or Establishment Questionnaire, Form 470-3929, or a similar document from the child’s caretaker.

    ITEM 9.    Amend subrule 99.41(2) as follows:    99.41(2) Support debt.  When public assistance is paid to or Medicaid is received by a child of the responsible person, or the dependent child’s caretaker, a support debt is created and owedassigned to the department. When no public assistance is paid or Medicaid is received, the debt is owed to the individual caretaker.

    ITEM 10.    Amend subrule 99.62(2) as follows:    99.62(2) Review by request.  A review shall be conducted upon the request of the child support recovery agency of another state or upon the written request of either parent subject to the order submitted on Form 470-2749, Request to Modify a Child Support Order. One review may be conducted every two years when the review is being conducted at the request of either parent. The request for review may be no earlier than two years from the filing date of the support order or most recent modification or the last completed review, whichever is later.

    ITEM 11.    Amend subrule 99.63(1) as follows:    99.63(1) Notice of right to request review.  The child support recovery unit shall notify each parent of the right to request review of the order and the appropriate place and manner in which the request should be made. Notification shall be provided on Form 470-0188, Application For Nonassistance Support Services, or Form 470-1981, Notice of Continued Support Services, or through another printed or electronic format.

    ITEM 12.    Amend rule 441—99.83(252H), introductory paragraph, as follows:

441—99.83(252H) Modification of child support obligations.  Permanent child support obligations meeting the criteria set forth in rule 441—99.82(252H) may be modified at the initiative of the unit, or upon written request of either parent subject to the order submitted on Form 470-2749, Request to Modify a Child Support Order. Any action shall be limited to adjustment, modification, or alteration of the child support or medical provisions of the support order. The duration of the underlying order shall not be modified. The procedures used by the child support recovery unit to determine if a modification is appropriate are as follows:

    ITEM 13.    Amend subrule 99.85(3) as follows:    99.85(3) Guidelines calculations.  The unit shall determine:    a.    The unit shall determine:    (1)   a.    The appropriate amount of the child support obligation (excluding cost-of-living alteration amounts) as described in rules 441—99.1(234,252B) through 441—99.5(234,252B), and     (2)   b.    Medical support provisions as described in Iowa Code chapter 252E and rules 441—98.1(252E) through 441—98.7(252E).    b.    If the modification action is due to noncompliance by a minor obligor, as defined in Iowa Code section 598.21B(2)“e” or 598.21G, the unit will impute an income to the obligor equal to a 40-hour workweek at the state minimum wage unless the parent’s education, experience, or actual earnings justify a higher income.

    ITEM 14.    Amend paragraph 99.104(1)"a" as follows:    a.    A request for suspension shall be submitted to the local child support unit providing services using Form 470-3033, Request to Suspend Support, and Form 470-3032, Affidavit Regarding Suspension of Support.

    ITEM 15.    Amend paragraph 99.110(1)"a" as follows:    a.    A request for suspension shall be submitted to the local child support unit providing services using Form 470-5348, Request from the Payor to Suspend Support.

    ITEM 16.    Amend subrule 99.110(2) as follows:    99.110(2) Submitting an affidavit.  After receiving a valid request for suspension, the local unit shall provide the requestor with Form 470-5349, Affidavit Requesting Suspension of Support Based on Payor’s Request.    a.    The obligor shall submit the affidavit for suspension to the local child support unit providing services. If the request for suspension is made pursuant to Iowa Code section 252B.20A(17), the caretaker must also submit an affidavit, Form 470-5349.    b.    Form 470-5349 must be signed, attesting to the existence of the conditions under subrules 99.109(1) through 99.109(4). Form 470-5349 must be notarized.    c.    If the obligor is requesting suspension of more than one order at the same time, the obligor shall be required to submit only one copy of Form 470-5348, identifying each order the request involves; however, the obligor shall be required to submit a separate, signed and notarized affidavit, Form 470-5349, for each order.

    ITEM 17.    Amend paragraph 99.111(2)"a" as follows:    a.    The unit shall serve Form 470-5351, Notice of Intent to Payee to Suspend a Child Support Obligation Based on Payor’s Request, and Form 470-5352, Payee’s Affidavit Objecting to Suspension of Support, and supporting documents on the obligee by any means provided in Iowa Code section 252B.26. The notice to the obligee shall include all of the following:    (1)   Information sufficient to identify the parties and the support order affected.    (2)   An explanation of the procedure for suspension under Part B and reinstatement of support under Part C of this division.    (3)   An explanation of the rights and responsibilities of the obligee to respond to the action.    (4)   A statement that, within 20 days of service, the obligee must submit a signed and notarized response to the unit objecting to at least one of the assertions in subrules 99.109(1) through 99.109(4). The statement shall inform the obligee that if, within 20 days of service, the obligee fails to submit a response as specified in this subparagraph, notwithstanding Rules of Civil Procedure 1.972(2) and 1.972(3), the unit will prepare and submit an order.
ARC 6693CHuman Services Department[441]Notice of Intended Action

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

    The Human Services Department hereby proposes to amend Chapter 152, “Foster Care Contracting,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 217.6.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 217.6.Purpose and Summary    Chapter 152 was reviewed as part of the Department’s five-year rules review. Chapter 152 outlines the contracting process used for providers of foster group care, child welfare emergency services shelter, and supervised apartment living. The chapter provides the rules for rate-setting, payments, and provider monitoring.    These proposed amendments update definitions, form names and numbers, and legal references.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,218).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 December 20, 2022. Comments should be directed to: Nancy Freudenberg Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: appeals@dhs.state.ia.us Public Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    ITEM 1.    Rescind the definition of “Level of care” in rule 441—152.1(234).

    ITEM 2.    Amend rule 441—152.1(234), definition of “Child,” as follows:        "Child" means a person under 18 years of age or a person 18, or 19, or 20 years of age who meets the criteria in Iowa Code section 234.1.

    ITEM 3.    Amend subparagraph 152.2(4)"a" as follows:    (2)   Form 470-3055, Referral and Authorization for Child Welfare Services.

    ITEM 4.    Amend subrule 152.2(6) as follows:    152.2(6) Cost report.  Providers shall complete Form 470-5421, Combined Cost Report, as required by contract. The instructions for the cost report are found in Comm. 502 (7/16), Instructions for the Combined Cost Report.    a.    Due date.The cost report shall be submitted to the department no later than three months after the close of the provider’s established fiscal year. The provider may request a one-month extension from the chief of the bureau of service contract support.     b.    Opinion of accountant.The department may require that an opinion of a certified public accountant or public accountant accompany the report when adjustments made to prior reports indicate noncompliance with reporting instructions.    c.    County reimbursement for child welfare services shelter costs.If a shelter care provider’s actual and allowable costs as set forth in 441—Chapter 156 for a child’s shelter care placement exceed the amount the department is authorized to pay and the provider is reimbursed by the child’s county of legal settlement for the difference between actual and allowable costs and the amount reimbursed by the department, the amount paid by the county shall not be included by the department in its reimbursement rate determination, as long as the amount paid is not greater than the provider’s actual and allowable costs or the statewide average of actual and allowable costs as identified in annual appropriations, whichever is less.

    ITEM 5.    Amend paragraph 152.4(1)"h" as follows:    h.    Failing to submit the cost report on time or failing to submit complete responses to follow-up questions from the department or its fiscal consultant within 14 days of request without written approval from the chief of the bureau of service contract support.

    ITEM 6.    Amend rule 441—152.5(234) as follows:

441—152.5(234) Adverse actions.  Notice of adverse actions and theshall be given in accordance with 441—Chapter 16. The right to appeal the licensing decision shall be given to applicants and licensees in accordance with 441—Chapter 7.
ARC 6694CMedicine Board[653]Notice of Intended Action

Proposing rule making related to bronchodilator canisters, bronchodilator canisters and spacers, and opioid antagonists and providing an opportunity for public comment

    The Board of Medicine hereby proposes to amend Chapter 13, “Standards of Practice and Principles of Medical Ethics,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 147.76.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 280.16 and 280.16A and 2022 Iowa Acts, House File 771.Purpose and Summary    On June 14, 2022, House File 771 was signed into law. The law included bronchodilator canisters, bronchodilator canisters and spacers, and opioid antagonists among those medications and devices that may be prescribed in the name of a “facility” as defined in Iowa Code section 135.185(1), school district, or accredited nonpublic school. This proposed rule making updates rule 653—13.12(135,147,148,272C,280) to conform to the legislation.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 653—Chapter 3.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 December 20, 2022. Comments should be directed to: Joseph Fraioli Iowa Board of Medicine 400 SW Eighth Street, Suite C Des Moines, Iowa 50309 Phone: 515.281.3614 Email: joseph.fraioli@iowa.gov Public Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making action is proposed:

    ITEM 1.    Amend rule 653—13.12(135,147,148,272C,280) as follows:

653—13.12(135,147,148,272C,280) Standards of practice—prescribing epinephrine auto-injectors, bronchodilator canisters, bronchodilator canisters and spacers, or opioid antagonists in the name of an authorized facility.      13.12(1)   DefinitionsDefinition. For purposes of this rule:        "Authorized facility" means any nonpublic school which is accredited pursuant to Iowa Code section 256.11, any school directly supported in whole or in part by taxation, a food establishment as defined in Iowa Code section 137F.1, a carnival as defined in Iowa Code section 88A.1, a recreational camp, a youth sports facility, or a sports areaa facility as defined in Iowa Code section 135.185(1), a school district, or an accredited nonpublic school.        "Epinephrine auto-injector" means a device for immediate self-administration or administration by another trained person of a measured dose of epinephrine to a person at risk of anaphylaxis.        "Physician" means a person licensed pursuant to Iowa Code chapter 148 to practice medicine and surgery or osteopathic medicine and surgery.    13.12(2)   Notwithstanding any other provision of law to the contrary, a physician may prescribe epinephrine auto-injectors, bronchodilator canisters, bronchodilator canisters and spacers, or opioid antagonists in the name of an authorized facility to be maintained for use pursuant to Iowa Code sections 135.185,135.190, 280.16 and 280.16A.    13.12(3)   A physician who prescribes epinephrine auto-injectors, bronchodilator canisters, bronchodilator canisters and spacers, or opioid antagonists in the name of an authorized facility to be maintained for use pursuant to Iowa Code sections 135.185,135.190, 280.16 and 280.16A, provided the physician has acted reasonably and in good faith, shall not be liable for any injury arising from the provision, administration, or assistance in the administration of an epinephrine auto-injector, bronchodilator canisters, bronchodilator canisters and spacers, or opioid antagonists.
ARC 6697CNursing Board[655]Notice of Intended Action

Proposing rule making related to bronchodilator canisters, bronchodilator canisters and spacers, and opioid antagonists and providing an opportunity for public comment

    The Board of Nursing hereby proposes to amend Chapter 7, “Advanced Registered Nurse Practitioners,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in 2022 Iowa Acts, House File 771.State or Federal Law Implemented    This rule making implements, in whole or in part, 2022 Iowa Acts, House Files 771 and 2573.Purpose and Summary    2022 Iowa Acts, House File 771, amends Iowa Code sections 280.16 and 280.16A to authorize schools to obtain prescriptions for bronchodilator canisters and bronchodilator canisters and spacers. 2022 Iowa Acts, House File 2573, amends Iowa Code section 135.190 to authorize school districts to obtain prescriptions for opioid antagonists. This proposed rule making updates the Board’s advanced registered nurse practitioner rules regarding prescribing to schools to include these new authorizations.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 655—Chapter 15.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 December 20, 2022. Comments should be directed to: Emily Nordstrom Iowa Board of Nursing 400 S.W. Eighth Street, Suite B Des Moines, Iowa 50309 Email: emilym.nordstrom@iowa.gov Public Hearing     A public hearing at which persons may present their views orally or in writing will be held as follows: December 21, 2022 9 a.m. Board Office, Suite B 400 S.W. Eighth Street Des Moines, Iowa     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the 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 action is proposed:

    ITEM 1.    Amend rule 655—7.8(152) as follows:

655—7.8(152) Prescribing epinephrine auto-injectors, bronchodilator canisters, bronchodilator canisters and spacers, or opioid antagonists in the name of a facilityor school.      7.8(1)   An ARNP may issue a prescription for one or more epinephrine auto-injectors in the name of a facility as defined in Iowa Code section 135.185(1), a school district, or an accredited nonpublic school.    7.8(2)   An ARNP may issue a prescription for one or more bronchodilator canisters or bronchodilator canisters and spacers in the name of a school district or an accredited nonpublic school.    7.8(3)   An ARNP may issue a prescription for one or more opioid antagonists in the name of a school district.    7.(2) 7.8(4)   An ARNP who prescribes epinephrine auto-injectors, bronchodilator canisters, bronchodilator canisters and spacers, or opioid antagonists in the name of an authorized facility as defined in Iowa Code section 135.185(1), a school district, or an accredited nonpublic school, to be maintained for use pursuant to Iowa Code sections 135.185, 260.16 and 260.16A,135.190, 280.16, and 280.16A, provided the ARNP has acted reasonably and in good faith, shall not be liable for any injury arising from the provision, administration, or assistance in the administration of an epinephrine auto-injector, bronchodilator canister, bronchodilator canister and spacer, or opioid antagonist.
ARC 6696CPharmacy Board[657]Notice of Intended Action

Proposing rule making related to bronchodilator canisters, bronchodilator canisters and spacers, and opioid antagonists and providing an opportunity for public comment

    The Board of Pharmacy hereby proposes to amend Chapter 3, “Pharmacy Technicians,” Chapter 6, “General Pharmacy Practice,” Chapter 8, “Universal Practice Standards,” Chapter 18, “Centralized Prescription Filling and Processing,” Chapter 21, “Electronic Data and Automated Systems in Pharmacy Practice,” and Chapter 39, “Expanded Practice Standards,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in 2022 Iowa Acts, House File 771.State or Federal Law Implemented    This rule making implements, in whole or in part, 2022 Iowa Acts, House Files 771, 2573, and 2169.Purpose and Summary    These proposed amendments implement changes to the Iowa Code made during the 2022 Legislative Session relating to licensed nurses engaging in the practice of nursing pursuant to a pharmacist’s order and the issuance of a prescription in the name of a school district to obtain a bronchodilator canister, a bronchodilator canister and spacer, or an opioid antagonist.Fiscal Impact    This rule making has minimal fiscal impact to the State of Iowa. The Board estimates that under this rule making, approximately 400 registered nurses will no longer be required to annually obtain a pharmacy technician registration for the administration of vaccines or utilization of a Board-approved statewide protocol under the order of a pharmacist. As such, annual registration fees may be reduced by approximately $8,000. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34. Public Comment     Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on December 20, 2022. Comments should be directed to: Sue Mears Board of Pharmacy 400 S.W. 8th Street, Suite E Des Moines, Iowa 50309 Email: sue.mears@iowa.gov Public Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    ITEM 1.    Amend subrule 3.3(1) as follows:    3.3(1) Licensed health care provider.  Except as provided in this rule, a licensed health care provider whose registration or license is in good standing with and not subject to current disciplinary sanctions or practice restrictions imposed by the licensee’s professional licensing board and who assists in the technical functions of the practice of pharmacy shall be required to register as a certified pharmacy technician or pharmacy technician trainee pursuant to these rules.A registered nurse licensed pursuant to Iowa Code chapter 152 or 152E who is engaged in the administration of immunizations and vaccinations and the utilization of statewide protocols pursuant to a pharmacist’s order is exempt from registration.

    ITEM 2.    Amend paragraph 6.10(1)"c" as follows:    c.    The name of the patient or, if such drug is prescribed for an animal, the species of the animal and the name of its owner, except as provided in 657—subrule 8.19(7) for epinephrine auto-injectors, 657—subrule 8.19(8) for opioid antagonists, or 657—subrule 8.19(9) for expedited partner therapy, or 657—subrule 8.19(10) for bronchodilator canisters or bronchodilator canisters and spacers.

    ITEM 3.    Amend rule 657—8.19(124,126,155A) as follows:

657—8.19(124,126,135,155A,280) Manner of issuance of a prescription drug or medication order.  A prescription drug order or medication order that is issued prior to January 1, 2020, or that is exempt from the electronic prescription mandate pursuant to rule 657—21.8(124,155A) may be transmitted from a prescriber or a prescriber’s agent to a pharmacy in written form, orally including telephone voice communication, by facsimile transmission as provided in rule 657—21.7(124,155A), or by electronic transmission in accordance with applicable federal and state laws, rules, and regulations. Any prescription drug order or medication order provided to a patient in written or printed form shall include the original, handwritten signature of the prescriber except as provided in rule 657—21.6(124,155A).    8.19(1) Requirements for a prescription.  A valid prescription drug order shall be based on a valid patient-prescriber relationship except as provided in subrule 8.19(7) for epinephrine auto-injectors, and in subrule 8.19(8) for opioid antagonists, or subrule 8.19(10) for bronchodilator canisters or bronchodilator canisters and spacers.    a.    Written, electronic, or facsimile prescription.In addition to the electronic prescription application and pharmacy prescription application requirements of this rule, a written, electronic, or facsimile prescription shall include:    (1)   The date issued.    (2)   The name and address of the patient except as provided in subrule 8.19(7) for epinephrine auto-injectors, subrule 8.19(8) for opioid antagonists, or subrule 8.19(9) for expedited partner therapy, or subrule 8.19(10) for bronchodilator canisters or bronchodilator canisters and spacers.    (3)   The name, strength, and quantity of the drug or device prescribed.    (4)   The name and address of the prescriber and, if the prescription is for a controlled substance, the prescriber’s DEA registration number.    (5)   The written or electronic signature of the prescriber.    b.    Written prescription.In addition to the requirements of paragraph 8.19(1)“a,” a written prescription shall be manually signed, with ink or indelible pencil, by the prescriber. The requirement for manual signature shall not apply when an electronically prepared and signed prescription for a noncontrolled substance is printed on security paper as provided in 657—paragraph 21.6(2)“b.”    c.    Facsimile prescription.In addition to the requirements of paragraph 8.19(1)“a,” a prescription transmitted via facsimile shall include:    (1)   The identification number of the facsimile machine used to transmit the prescription to the pharmacy.    (2)   The time and date of transmission of the prescription.    (3)   The name, address, telephone number, and facsimile number of the pharmacy to which the prescription is being transmitted.    (4)   If the prescription is for a controlled substance and in compliance with DEA regulations, the manual signature of the prescriber.    d.    Electronic prescription.In addition to the requirements of paragraph 8.19(1)“a,” an electronically prepared prescription for a controlled or noncontrolled prescription drug or device that is electronically transmitted to a pharmacy shall include the prescriber’s electronic signature, except as provided herein.    (1)   An electronically prepared prescription for a controlled substance that is printed out or faxed by the prescriber or the prescriber’s agent shall be manually signed by the prescriber.    (2)   The prescriber shall ensure that the electronic prescription application used to prepare and transmit the electronic prescription complies with applicable state and federal laws, rules, and regulations regarding electronic prescriptions.    (3)   The prescriber or the prescriber’s agent shall provide verbal verification of an electronic prescription upon the request of the pharmacy.    (4)   An electronic prescription for a noncontrolled prescription drug or device that is transmitted by an authorized agent shall not be required to contain the prescriber’s electronic signature.    8.19(2) Verification.  The pharmacist shall exercise professional judgment regarding the accuracy, validity, and authenticity of any prescription drug order or medication order consistent with federal and state laws, rules, and regulations. In exercising professional judgment, the prescriber and the pharmacist shall take adequate measures to guard against the diversion of prescription drugs and controlled substances through prescription forgeries.    8.19(3) Transmitting agent.  The prescriber may authorize an agent to transmit to the pharmacy a prescription drug order or medication order orally, by facsimile transmission, or by electronic transmission provided that the first and last names and title of the transmitting agent are included in the order.    a.    New order.A new written or electronically prepared and transmitted prescription drug or medication order shall be manually or electronically signed by the prescriber, except as provided in paragraph 8.19(1)“d.” If transmitted by the prescriber’s agent, the first and last names and title of the transmitting agent shall be included in the order. If the prescription is for a controlled substance and is written or printed from an electronic prescription application, the prescription shall be manually signed by the prescriber. An electronically prepared prescription shall not be electronically transmitted to the pharmacy if the prescription has been printed prior to the electronic transmission. An electronically prepared and electronically transmitted prescription that is printed following the electronic transmission shall be clearly labeled as a copy, not valid for dispensing.    b.    Refill order or renewal order.An authorization to refill a prescription drug or medication order, or to renew or continue an existing drug therapy, may be transmitted to professional pharmacy staff through oral communication, in writing, by facsimile transmission, or by electronic transmission initiated by or directed by the prescriber.    (1)   If the transmission is completed by the prescriber’s agent and the first and last names and title of the transmitting agent are included in the order, the prescriber’s signature is not required on the fax or alternate electronic transmission.    (2)   If the order differs in any manner from the original order, such as a change of the drug strength, dosage form, or directions for use, the prescriber shall sign the order as provided by paragraph 8.19(3)“a.”    8.19(4) Receiving agent.  Regardless of the means of transmission to a pharmacy, only professional pharmacy staff shall be authorized to receive a new prescription drug or medication order from a prescriber or the prescriber’s agent. A technician trainee may receive a refill or renewal order from a prescriber or the prescriber’s agent only if the technician’s supervising pharmacist has authorized that function.    8.19(5) Legitimate purpose.  The pharmacy and professional pharmacy staff shall ensure that the prescription drug or medication order, regardless of the means of transmission, has been issued for a legitimate medical purpose by a prescriber acting in the usual course of the prescriber’s professional practice. A pharmacist shall not dispense a prescription drug if the pharmacist knows or should have known that the prescription was issued solely on the basis of an Internet-based questionnaire.    8.19(6) Refills.  A refill is one or more dispensings of a prescription drug or device that result in the patient’s receipt of the quantity authorized by the prescriber for a single fill as indicated on the prescription drug order.    a.    Noncontrolled prescription drug or device.A prescription for a prescription drug or device that is not a controlled substance may authorize no more than 12 refills within 18 months following the date on which the prescription is issued.    b.    Controlled substance.A prescription for a Schedule III, IV, or V controlled substance may authorize no more than 5 refills within 6 months following the date on which the prescription is issued.    8.19(7) Epinephrine auto-injector prescription issued to school or facility.  A physician, an advanced registered nurse practitioner, or a physician assistant may issue a prescription for one or more epinephrine auto-injectors in the name of a facility as defined in Iowa Code subsection 135.185(1), a school district, or an accredited nonpublic school. The prescription shall comply with all requirements of subrule 8.19(1) as applicable to the form of the prescription except that the prescription shall be issued in the name and address of the facility, the school district, or the accredited nonpublic school in lieu of the name and address of a patient. Provisions requiring a preexisting patient-prescriber relationship shall not apply to a prescription issued pursuant to this subrule.    a.    The pharmacy’s patient profile and record of dispensing of a prescription issued pursuant to this subrule shall be maintained in the name of the facility, school district, or accredited nonpublic school to which the prescription was issued and the drug was dispensed.    b.    The label affixed to an epinephrine auto-injector dispensed pursuant to this subrule shall identify the name of the facility, school district, or accredited nonpublic school to which the prescription is dispensed.    8.19(8) Opioid antagonist prescription issued to law enforcement, fire department, or service program, or school district.  A physician, an advanced registered nurse practitioner, or a physician assistant may issue a prescription for one or more opioid antagonists in the name of a law enforcement agency, fire department, or service program pursuant to Iowa Code section 147A.18 and rule 657—39.7(135,147A), or in the name of a school district pursuant to Iowa Code section 135.190 and rule 657—39.7(135,147A). The prescription shall comply with all requirements of subrule 8.19(1) as applicable to the form of the prescription except that the prescription shall be issued in the name and address of the law enforcement agency, fire department, or service program, or school district in lieu of the name and address of a patient. Provisions requiring a preexisting patient-prescriber relationship shall not apply to a prescription issued pursuant to this subrule.    a.    The pharmacy’s patient profile and record of dispensing of an opioid antagonist pursuant to this subrule shall be maintained in the name of the law enforcement agency, fire department, or service program, or school district to which the prescription was issued and the drug was dispensed.    b.    The label affixed to an opioid antagonist dispensed pursuant to this subrule shall identify the name of the law enforcement agency, fire department, or service program, or school district to which the prescription is dispensed and shall be affixed such that the expiration date of the drug is not rendered illegible.    8.19(9) Expedited partner therapy.  Pursuant to Iowa Code section 139A.41, a physician, physician assistant, or advanced registered nurse practitioner may issue a prescription to one or more sexual partners of an infected patient for an oral antibiotic intended to treat a sexually transmitted chlamydia or gonorrhea infection. The prescription shall comply with all requirements of subrule 8.19(1) as applicable to the form of the prescription except that the prescription shall not be required to contain the patient name and address. The prescription shall indicate the antibiotic is being issued for the purpose of expedited partner therapy. Provisions requiring a preexisting patient-prescriber relationship shall not apply to a prescription issued pursuant to this subrule.    8.19(10) Bronchodilator canister or bronchodilator canister and spacer prescription issued to a school district or accredited nonpublic school.  A physician, an advanced registered nurse practitioner, or a physician assistant may issue a prescription for one or more bronchodilator canisters or bronchodilator canisters and spacers in the name of a school district or accredited nonpublic school pursuant to Iowa Code section 280.16A. The prescription shall comply with all requirements of subrule 8.19(1) as applicable to the form of the prescription except that the prescription shall be issued in the name and address of the school district or accredited nonpublic school in lieu of the name and address of a patient. Provisions requiring a preexisting patient-prescriber relationship shall not apply to a prescription issued pursuant to this subrule.    a.    The pharmacy’s patient profile and record of dispensing of a bronchodilator canister or bronchodilator canister and spacer pursuant to this subrule shall be maintained in the name of the school district or accredited nonpublic school to which the prescription was issued and the drug was dispensed.    b.    The label affixed to a bronchodilator canister or bronchodilator canister and spacer dispensed pursuant to this subrule shall identify the name of the school district or accredited nonpublic school to which the prescription is dispensed and shall be affixed such that the expiration date of the drug is not rendered illegible.

    ITEM 4.    Amend paragraph 18.3(4)"d" as follows:    d.    The name of the patient or, if such drug is prescribed for an animal, the species of the animal and the name of its owner, except as provided in 657—subrule 8.19(7) for epinephrine auto-injectors, 657—subrule 8.19(8) for opioid antagonists, or 657—subrule 8.19(9) for expedited partner therapy, or 657—subrule 8.19(10) for bronchodilator canisters or bronchodilator canisters and spacers.

    ITEM 5.    Amend paragraph 21.8(1)"h" as follows:    h.    A prescription issued for an opioid antagonist pursuant to Iowa Code section 135.190, or a prescription issued for epinephrine pursuant to Iowa Code section 135.185, or a prescription issued for a bronchodilator canister or bronchodilator canister and spacer pursuant to Iowa Code section 280.16A.

    ITEM 6.    Amend subrule 39.7(1), definition of “Person in a position to assist,” as follows:        "Person in a position to assist" means a family member, friend, caregiver, health care provider, employee of a substance abuse treatment facility,school employee, or other person who may be in a position to render aid to a person at risk of experiencing an opioid-related overdose.
ARC 6700CRevenue Department[701]Notice of Intended Action

Proposing rule making related to income and franchise tax exclusion for qualifying COVID-19 grants and providing an opportunity for public comment

    The Revenue Department hereby proposes to amend Chapter 302, “Determination of Net Income,” and Chapter 502, “Determination of Net Income,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 421.14, 422.7(62), 422.35(30) and 422.68.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 422.7(62) and 422.35(30).Purpose and Summary    This proposed rule making is intended to implement the Iowa income and franchise tax exclusion for qualifying COVID-19 grants contained in 2021 Iowa Acts, Senate File 619, sections 5 through 7 (codified at Iowa Code sections 422.7(62) and 422.35(30)), by identifying, through rule, state grant programs that meet the definition of “qualifying COVID-19 grant” and thus qualify for the exclusion. Iowa law and Iowa administrative rules require an eligible administering agency to notify the Director of the Department of the existence of any grant program it believes may be a qualifying COVID-19 grant program. Grant funds issued from the programs listed in the Department’s rules qualify for the income and franchise tax exclusion. On or about September 15, 2022, the Department was notified by the Iowa Economic Development Authority that certain additional COVID-19 grant programs administered by the Authority may be “qualifying COVID-19 grants” for purposes of the income tax exclusion. This proposed rule making adds the identified qualifying grants to the list of grants eligible for the income and franchise tax exclusion contained in the Department’s rules. Fiscal Impact    The Fiscal Note for 2021 Iowa Acts, Senate File 619, division III, estimated a reduction of $9.2 million in fiscal year 2021 and $1 million in fiscal year 2022. However, the four state grant programs identified in this rule making were not in existence on the date of that Fiscal Note, according to information provided by the Authority, so they were not accounted for in the assumptions used to create the estimate. Based on the Authority’s publicly available information about these additional programs, it is assumed that total funds to be issued under these additional programs will amount to $43.5 million. The estimated fiscal impact to the State of Iowa of exempting grants made under these programs from Iowa tax is -$2.4 million in fiscal year 2023.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 701—7.28(17A). Public Comment     Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on December 20, 2022. Comments should be directed to: Michael Mertens Iowa Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306 Phone: 515.587.0458 Email: michael.mertens@iowa.gov Public Hearing    If requested, a public hearing at which persons may present their views orally or in writing will be held as described below. December 21, 2022 3:30 to 4:30 p.m. Via video/conference call     Persons who wish to participate in the video/conference call should contact Michael Mertens before 4:30 p.m. on December 20, 2022, to facilitate an orderly hearing. A video link or conference call number will be provided to participants before the hearing.    Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.    Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    ITEM 1.    Amend rule 701—302.86(422) as follows:

701—302.86(422) COVID-19 grant exclusion.      302.86(1) Definitions.  For purposes of this rule:        "Administering agency" means the economic development authority, the Iowa finance authority, or the department of agriculture and land stewardship.        "Grant recipient" means a person who applies for and is issued a qualifying COVID-19 grant by an administering agency.        "Issued" means the approval of the grant recipient’s application and amount for a qualifying COVID-19 grant by an administering agency, regardless of when the grant funds were paid by the administering agency.    302.86(2) Qualifying COVID-19 grant programs.      a.    The department is responsible for determining whether a grant program provides a “qualifying COVID-19 grant” as defined in Iowa Code section 422.7(62) as amended by 2021 Iowa Acts, Senate File 619, section 5. In making this determination, and for purposes of the definition of “qualifying COVID-19 grant,” a grant program is “created to primarily provide COVID-19 related financial assistance to economically impacted individuals and businesses located in this state” if that grant program, at the time of its inception, was intended by the administering agency to provide a majority (more than 50 percent) of its financial assistance to or for the benefit of either or both of the following persons economically affected by the COVID-19 pandemic:    (1)   Individuals living in Iowa.    (2)   Businesses that are doing business in Iowa or are deriving income from sources within Iowa.     b.    The administering agency shall notify the director of the existence of any grant program it believes may be a qualifying COVID-19 grant program. Upon such notification, the department will request from the administering agency the information necessary to determine whether that program is a qualifying COVID-19 grant as defined in Iowa Code section 422.7(62) as amended by 2021 Iowa Acts, Senate File 619, section 5, and this rule. The administering agency shall provide the department with the requested information within the time frame prescribed by the department in its request. Failure to provide the requested information to the department shall prevent the department from determining that the grant program is a qualifying COVID-19 grant. Grant programs not specifically listed below in paragraph 40.86(2)“c”302.86(2)“c” are not qualifying COVID-19 grants and are not eligible for the exclusion provided in this rule, even if that program may otherwise meet the definition of “qualifying COVID-19 grant” in Iowa Code section 422.7(62) as amended by 2021 Iowa Acts, Senate File 619, section 5.    c.    The following is an exhaustive list of programs that have been identified by the department as qualifying COVID-19 grants, including a general description of each program’s grant recipients, that may qualify for the exclusion from Iowa net income under subrule 40.86(3)302.86(3):     (1)   Beef up Iowa program administered by the department of agriculture and land stewardship. Grant recipient is Iowa State University.     (2)   Iowa beginning farmer debt relief fund administered by the Iowa finance authority. Grant recipients include Iowa beginning farmers.     (3)   Iowa biofuels relief program administered by the economic development authority. Grant recipients include Iowa biodiesel and ethanol producers.     (4)   Iowa county fairs relief fund administered by the economic development authority. Grant recipients include Iowa county and district fairs.    (5)   Iowa COVID-19 business disruption relief program administered by the economic development authority. Grant recipients include Iowa bars, taverns, breweries, distilleries, wineries, and other similar drinking establishments.    (6)   Iowa COVID-19 targeted small business sole operator fund administered by the economic development authority. Grant recipients include Iowa targeted small businesses.     (7)   Iowa disposal assistance program administered by the department of agriculture and land stewardship. Grant recipients include Iowa pork and egg producers.    (8)   Iowa eviction and foreclosure prevention program administered by the Iowa finance authority. Grant recipients include Iowa residential renters and homeowners.     (9)   Iowa homeowner foreclosure prevention program administered by the Iowa finance authority. Grant recipients include Iowa residential homeowners.    (10)   Iowa hospital COVID-19 relief fund administered by the economic development authority. Grant recipients include Iowa hospitals.     (11)   Iowa livestock producer relief fund administered by the economic development authority. Grant recipients include Iowa livestock producers.     (12)   Iowa movie theatre relief grant program administered by the economic development authority. Grant recipients include Iowa movie theaters.    (13)   Iowa nonprofit recovery fund administered by the economic development authority. Grant recipients include Iowa nonprofit organizations.    (14)   Iowa renewable fuel retail recovery program administered by the department of agriculture and land stewardship. Grant recipients include Iowa fuel retailers.    (15)   Iowa rent and utility assistance program administered by the Iowa finance authority. Grant recipients include Iowa residential renters.    (16)   Iowa residential utility disruption prevention program administered by the economic development authority. Grant recipients include Iowa residential renters and homeowners.    (17)   Iowa restaurant and bar relief grant program administered by the economic development authority. Grant recipients include Iowa bars, breweries, brewpubs, distilleries, wineries, and restaurants.     (18)   Iowa small business relief grant program administered by the economic development authority. Grant recipients include Iowa small businesses.    (19)   Iowa small business utility disruption prevention program administered by the economic development authority. Grant recipients include Iowa small businesses and small nonprofit organizations.    (20)   Local produce and protein program administered by the department of agriculture and land stewardship. Grant recipients include Iowa schools, early childcare centers, specialty crop producers, and food hubs.     (21)   Meat processing expansion and development program administered by the department of agriculture and land stewardship. Grant recipients include Iowa meat and poultry processing businesses and employees and Iowa livestock producers.     (22)   Pack the pantry program administered by the department of agriculture and land stewardship. Grant recipients include Iowa food pantries.    (23)   Pass the pork program administered by the department of agriculture and land stewardship. Grant recipients include Iowa food banks.     (24)   Turkey to table program administered by the department of agriculture and land stewardship. Grant recipients include Iowa food banks.     (25)   Iowa bowling center relief fund administered by the economic development authority. Grant recipients include Iowa for-profit bowling centers.    (26)   Iowa charter bus relief program administered by the economic development authority. Grant recipients include for-profit charter bus companies with a vehicle fleet registered in Iowa.    (27)   Iowa sports entertainment relief program administered by the economic development authority. Grant recipients include certain for-profit and nonprofit sports teams with a home venue located in Iowa.     (28)   Iowa fitness center relief program administered by the economic development authority. Grant recipients include for-profit, nonprofit, and local government-owned fitness centers located in Iowa.    302.86(3) Excluding qualifying COVID-19 grants from Iowa net income.      a.    Generally.A grant recipient may subtract a qualifying COVID-19 grant when calculating Iowa net income if all of the following apply:     (1)   The grant was issued as part of a qualifying COVID-19 grant program identified in paragraph 40.86(2)“c.”302.86(2)“c.”    (2)   The grant was issued on or after March 17, 2020, and on or before December 31, 2021.     (3)   The grant funds were included in the grant recipient’s net income for a tax year ending on or after March 17, 2020, but beginning before January 1, 2024. The grant may only be subtracted to the extent it is included in the grant recipient’s net income for that qualifying tax year. A qualifying COVID-19 grant that is exempt from federal income tax, and thus not included in the grant recipient’s Iowa net income, does not qualify for an additional subtraction on the grant recipient’s Iowa return.    b.    Third-party payee of grant funds.A third-party payee of qualifying COVID-19 grant funds is not eligible for this exemption from Iowa income. If the proceeds of a qualifying COVID-19 grant are paid to someone other than the grant recipient, only the grant recipient on whose behalf the grant proceeds were paid may qualify for this exemption from Iowa income.     c.    Repayment.Grant funds that were repaid to the administering agency for any reason are not eligible for this exemption from Iowa income.     d.    Reporting requirements.A grant recipient who received qualifying COVID-19 grant funds and who excludes those funds when calculating Iowa net income should retain documentation to support the claimed exclusion. A grant recipient must provide such documentation to the department if requested. The required documentation may include, but is not limited to, documentation to support that the grant recipient was issued and received the grant within the qualifying periods.       This rule is intended to implement Iowa Code section 422.7(62) as amended by 2021 Iowa Acts, Senate File 619, section 5.

    ITEM 2.    Amend rule 701—502.30(422) as follows:

701—502.30(422) COVID-19 grant exclusion.      502.30(1) Definitions.  For purposes of this rule:        "Administering agency" means the economic development authority, the Iowa finance authority, or the department of agriculture and land stewardship.        "Grant recipient" means a person who applies for and is issued a qualifying COVID-19 grant by an administering agency.        "Issued" means the approval of the grant recipient’s application and amount for a qualifying COVID-19 grant by an administering agency, regardless of when the grant funds were paid by the administering agency.    502.30(2) Qualifying COVID-19 grant programs.       a.    The department is responsible for determining whether a grant program provides “qualifying COVID-19 grants” as defined in Iowa Code section 422.7(62) as amended by 2021 Iowa Acts, Senate File 619, section 5. In making this determination, and for purposes of the definition of “qualifying COVID-19 grant,” a grant program is “created to primarily provide COVID-19 related financial assistance to economically impacted individuals and businesses located in this state” if that grant program, at the time of its inception, was intended by the administering agency to provide a majority (more than 50 percent) of its financial assistance to or for the benefit of businesses that are doing business in Iowa or are deriving income from sources within Iowa, and that are economically affected by the COVID-19 pandemic.    b.    The administering agency shall notify the director of the existence of any grant program it believes may be a qualifying COVID-19 grant program. Upon such notification, the department will request from the administering agency the information necessary to determine whether that program is a qualifying COVID-19 grant as defined in Iowa Code section 422.7(62) as amended by 2021 Iowa Acts, Senate File 619, section 5, and this rule. The administering agency shall provide the department with the requested information within the time frame prescribed by the department in its request. Failure to provide the requested information to the department shall prevent the department from determining that the grant program is a qualifying COVID-19 grant. Grant programs not specifically listed below in paragraph 53.30(2)“c”502.30(2)“c” are not qualifying COVID-19 grants and are not eligible for the exclusion provided in this rule, even if that program may otherwise meet the definition of “qualifying COVID-19 grant” in Iowa Code section 422.7(62) as amended by 2021 Iowa Acts, Senate File 619, section 5.    c.    The following is an exhaustive list of programs that have been identified by the department as qualifying COVID-19 grants, including a general description of each program’s grant recipients, that may qualify for the exclusion from Iowa net income under subrule 53.30(3)502.30(3):     (1)   Beef up Iowa program administered by the department of agriculture and land stewardship. Grant recipient is Iowa State University.     (2)   Iowa beginning farmer debt relief fund administered by the Iowa finance authority. Grant recipients include Iowa beginning farmers.    (3)   Iowa biofuels relief program administered by the economic development authority. Grant recipients include Iowa biodiesel and ethanol producers.     (4)   Iowa county fairs relief fund administered by the economic development authority. Grant recipients include Iowa county and district fairs.    (5)   Iowa COVID-19 business disruption relief program administered by the economic development authority. Grant recipients include Iowa bars, taverns, breweries, distilleries, wineries, and other similar drinking establishments.    (6)   Iowa COVID-19 targeted small business sole operator fund administered by the economic development authority. Grant recipients include Iowa targeted small businesses.     (7)   Iowa disposal assistance program administered by the department of agriculture and land stewardship. Grant recipients include Iowa pork and egg producers.    (8)   Iowa hospital COVID-19 relief fund administered by the economic development authority. Grant recipients include Iowa hospitals.     (9)   Iowa livestock producer relief fund administered by the economic development authority. Grant recipients include Iowa livestock producers.     (10)   Iowa movie theatre relief grant program administered by the economic development authority. Grant recipients include Iowa movie theaters.    (11)   Iowa nonprofit recovery fund administered by the economic development authority. Grant recipients include Iowa nonprofit organizations.    (12)   Iowa renewable fuel retail recovery program administered by the department of agriculture and land stewardship. Grant recipients include Iowa fuel retailers.    (13)   Iowa restaurant and bar relief grant program administered by the economic development authority. Grant recipients include Iowa bars, breweries, brewpubs, distilleries, wineries, and restaurants.     (14)   Iowa small business relief grant program administered by the economic development authority. Grant recipients include Iowa small businesses.    (15)   Iowa small business utility disruption prevention program administered by the economic development authority. Grant recipients include Iowa small businesses and small nonprofit organizations.    (16)   Local produce and protein program administered by the department of agriculture and land stewardship. Grant recipients include Iowa schools, early childcare centers, specialty crop producers, and food hubs.     (17)   Meat processing expansion and development program administered by the department of agriculture and land stewardship. Grant recipients include Iowa meat and poultry processing businesses and employees and Iowa livestock producers.     (18)   Pack the pantry program administered by the department of agriculture and land stewardship. Grant recipients include Iowa food pantries.    (19)   Pass the pork program administered by the department of agriculture and land stewardship. Grant recipients include Iowa food banks.     (20)   Turkey to table program administered by the department of agriculture and land stewardship. Grant recipients include Iowa food banks.     (21)   Iowa bowling center relief fund administered by the economic development authority. Grant recipients include Iowa for-profit bowling centers.    (22)   Iowa charter bus relief program administered by the economic development authority. Grant recipients include for-profit charter bus companies with a vehicle fleet registered in Iowa.    (23)   Iowa sports entertainment relief program administered by the economic development authority. Grant recipients include certain for-profit and nonprofit sports teams with a home venue located in Iowa.     (24)   Iowa fitness center relief program administered by the economic development authority. Grant recipients include for-profit, nonprofit, and local government-owned fitness centers located in Iowa.     502.30(3) Excluding qualifying COVID-19 grants from Iowa net income.      a.    Generally.A grant recipient may subtract a qualifying COVID-19 grant when calculating Iowa net income if all of the following apply:     (1)   The grant was issued as part of a qualifying COVID-19 grant program identified in paragraph 53.30(2)“c.”502.30(2)“c.”    (2)   The grant was issued on or after March 17, 2020, and on or before December 31, 2021.     (3)   The grant funds were included in the grant recipient’s net income for a tax year ending on or after March 17, 2020, but beginning before January 1, 2024. The grant may only be subtracted to the extent it is included in the grant recipient’s net income for that qualifying tax year. A qualifying COVID-19 grant that is exempt from federal income tax, and thus not included in the grant recipient’s Iowa net income, does not qualify for an additional subtraction on the grant recipient’s Iowa return.    b.    Third-party payee of grant funds.A third-party payee of qualifying COVID-19 grant funds is not eligible for this exemption from Iowa income. If the proceeds of a qualifying COVID-19 grant are paid to someone other than the grant recipient, only the grant recipient on whose behalf the grant proceeds were paid may qualify for this exemption from Iowa income.     c.    Repayment.Grant funds that were repaid to the administering agency for any reason are not eligible for this exemption from Iowa income.     d.    Reporting requirements.A grant recipient who received qualifying COVID-19 grant funds and who excludes those funds when calculating Iowa net income should retain documentation to support the claimed exclusion. A grant recipient must provide such documentation to the department if requested. The required documentation may include, but is not limited to, documentation to support that the grant recipient was issued and received the grant within the qualifying periods.       This rule is intended to implement Iowa Code section 422.7(62) as amended by 2021 Iowa Acts, Senate File 619, section 5.
ARC 6698CRevenue Department[701]Notice of Intended Action

Proposing rule making related to geothermal heat pump tax credit and providing an opportunity for public comment

    The Revenue Department hereby proposes to amend Chapter 304, “Adjustments to Computed Tax and Tax Credits,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 421.14, 422.12N and 422.68.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 422.12N and 2022 Iowa Acts, House File 2317.Purpose and Summary    The primary purpose of this proposed rule making is to implement 2022 Iowa Acts, House File 2317, sections 6 and 7, which repeal the Iowa geothermal heat pump tax credit for installations occurring after December 31, 2023.    This proposed rule making also updates the Iowa geothermal heat pump tax credit rates described in paragraph 304.47(2)“a” in response to Federal Public Law No. 117-169, Title 1, Subtitle D, Part 3, Section 13302, also known as the Inflation Reduction Act of 2022, which was enacted into law on August 16, 2022. That federal legislation, in part, increased the rate used in the calculation of the federal residential energy efficient property tax credit for geothermal heat pumps from 26 percent to 30 percent of qualifying expenditures for installations in 2022, and from 22 percent to 30 percent of qualifying expenditures for installations in 2023. The Iowa geothermal heat pump tax credit is equal to 20 percent of that federal residential energy efficient property tax credit allowed for geothermal heat pumps. By operation of Iowa’s automatic rolling conformity to the Internal Revenue Code, the Iowa geothermal heat pump tax credit rate increases automatically when the corresponding federal tax credit is increased. Thus, the Iowa geothermal heat pump tax credit has increased from 5.2 percent to 6 percent of qualifying expenditures for installations in 2022, and from 4.4 percent to 6 percent of qualifying expenditures for installations in 2023.Fiscal Impact     This proposed rule making has no known fiscal impact to the State of Iowa beyond that of the legislation it is intended to implement. The Fiscal Note for 2022 Iowa Acts, House File 2317, stated that the repeal of the Iowa geothermal heat pump tax credit on January 1, 2024, was not projected to have an identifiable fiscal impact. The Iowa geothermal heat pump tax credit rate increase for installations in 2022 and 2023 that has occurred because of Iowa’s automatic rolling conformity to the Internal Revenue Code is projected to decrease General Fund revenue by $103,000 in fiscal year 2023; by $143,000 in fiscal year 2024; by $52,000 in fiscal year 2025; and by less than $10,000 in fiscal year 2026 and fiscal year 2027. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 701—7.28(17A). Public Comment     Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on December 20, 2022. Comments should be directed to: Michael Mertens Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306 Phone: 515.587.0458 Email: michael.mertens@iowa.gov Public Hearing    If requested, a public hearing at which persons may present their views orally or in writing shall be held as follows: December 20, 2022 9 to 10 a.m. Via video/conference call     Persons who wish to participate in the video/conference call should contact Michael Mertens before 4:30 p.m. on December 19, 2022, to facilitate an orderly hearing. A video link or conference call number will be provided to participants prior to the hearing.    Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.    Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making action is proposed:

    ITEM 1.    Amend rule 701—304.47(422) as follows:

701—304.47(422) Geothermal heat pump tax credit.  For tax years beginning on or after January 1, 2019, but before January 1, 2024, a geothermal heat pump tax credit is available for residential property located in Iowa as provided in Iowa Code section 422.12N and this rule. Information relating to Iowa geothermal tax credits available for tax years prior to January 1, 2019, can be found in prior versions of this rule. Prior versions of the Iowa Administrative Code are located here: www.legis.iowa.gov/law/administrativeRules/agencies.    304.47(1) Eligibility for the credit.  To be eligible for the credit described in this rule, all of the following requirements must be met:    a.    The geothermal heat pump must be eligible for the federal residential energy efficient property tax credit provided in Section 25D(a)(5) of the Internal Revenue Code.    b.    The taxpayer must claim the federal residential energy efficient property tax credit provided in Section 25D(a)(5) of the Internal Revenue Code.    c.    The geothermal heat pump must be installed on residential property located in Iowa and placed in service on or after January 1, 2019, but before January 1, 2024. In determining whether this requirement is met, the term “placed in service” has the same meaning as used in Section 25D of the Internal Revenue Code.    d.    The taxpayer must submit a timely and complete application to the department in accordance with subrule 42.47(4)304.47(4).    304.47(2) Calculation of the credit.      a.    The credit is equal to 20 percent of the federal residential energy efficient property tax credit allowed for geothermal heat pumps provided in Section 25D(a)(5) of the Internal Revenue Code. Thus, the Iowa credit rate equals the following percentage of the qualified geothermal heat pump property expenditures:    (1)   For property placed in service during calendar year 2019, 6 percent.    (2)   For property placed in service during calendar yearsyear 2020 through 2022or 2021, 5.2 percent.    (3)   For property placed in service during calendar year2022 or 2023, 4.46 percent.    b.    This credit is set to expireexpires on January 1, 2024, in accordance with Public Law No. 116-260, Div. EE, Title I, Subtitle C, §148. If the federal residential energy efficient property tax credit for geothermal heat pumps provided in Section 25D(a)(5) of the Internal Revenue Code is extended by federal legislation into additional tax years, the Iowa credit will continue to be available for each year in which the corresponding federal credit is available, absent action by the Iowa general assembly.    304.47(3) Tax credit award program limitations.  No more than $1 million in geothermal heat pump tax credits will be issued per calendar year. If the annual tax credit allocation cap is not reached, the remaining amount below the cap shall be made available for the following tax year in addition to, and cumulated with, the cap for that year.The credit will not be available for installations on or after January 1, 2024, even if the previous year’s cap was not met.    304.47(4) How to apply for the credit—waitlist.      a.    In general.Timely and complete applications shall be reviewed and approved on a first-come, first-served basis. Applications for the tax credit shall be submitted through the tax credit submission system, which applicants may access through the department’s website.    b.    Application deadline.The application must be filed by May 1 of the year following the year of the installation of the geothermal heat pump.    c.    Contents of the application.The application must contain the following information:    (1)   Name, address, and federal identification number of the taxpayer.    (2)   Date of installation of the geothermal heat pump. This is the same as the date the installation was placed in service by the taxpayer.     (3)   Copies of invoices or other documents showing the cost of the geothermal heat pump.    (4)   Amount of federal income tax credit claimed for the geothermal heat pump.    (5)   Amount of Iowa tax credit requested.    (6)   Any other information requested by the department in order to verify eligibility for or amount of the Iowa tax credit requested.    d.    Waitlist.    (1)   If the department receives applications for tax credits in excess of the annual aggregate award limitation, the department shall establish a waitlist for the next year’s allocation of tax credits. Valid and complete applications will be placed on the waitlist in the order they are received by the department. However, in the event the department denies an application or part of an application, and upon appeal by the taxpayer a previously denied tax credit amount is allowed, the date the appeal is closed will be used to determine the placement of the allowed tax credit amount on the waitlist. Waitlisted applications are reviewed and, if approved, funded in the order they are listed on the waitlist. Only valid applications filed by the taxpayer by May 1 of the year following the year the geothermal heat pump was installed shall be eligible for the waitlist.    (2)   If the annual aggregate cap is reached for the final year in which the federal credit is available, no applications will be carried over to the next year. Therefore, any geothermal heat pump tax credit request related to an installation completed prior to January 1, 2024, that does not receive a tax credit award by the time the 2023 aggregate award limitation is met shall expire and shall not be carried over on the waitlist to any future year.    (3)   Placement on a waitlist shall not constitute a promise binding the state that persons placed on the waitlist will actually receive the credit in a future year. The availability of a tax credit and approval of a tax credit application pursuant to this rule in a future year is contingent upon the availability of tax credits in that particular year.    304.47(5) Claiming the tax credit.      a.    Certificate issuance.If the application is approved, the department will send a letter to the taxpayer including the amount of the tax credit and providing a tax credit certificate.     b.    Claiming the tax credit.The geothermal heat pump tax credit will be claimed on Form IA 148, Tax Credits Schedule. The taxpayer must include with any Iowa tax return claiming the geothermal heat pump tax credit federal Form 5695, Residential Energy Credits.    c.    Nonrefundable.Any credit in excess of the taxpayer’s tax liability is nonrefundable.    d.    Carryforward.Any tax credit in excess of the taxpayer’s tax liability for the tax year may be credited to the taxpayer’s tax liability for the following ten years or until depleted, whichever is earlier.    e.    Nontransferable.The tax credit may not be transferred to any other person.       This rule is intended to implement Iowa Code section 422.12N, and 2019 Iowa Acts, House File 779, and 2022 Iowa Acts, House File 2317.
ARC 6699CRevenue Department[701]Notice of Intended Action

Proposing rule making related to farm to food donation tax credit and providing an opportunity for public comment

    The Revenue Department hereby proposes to amend Chapter 304, “Adjustments to Computed Tax and Tax Credits,” and Chapter 501, “Filing Returns, Payment of Tax, Penalty and Interest, and Tax Credits,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 190B.102, 421.14, 421.17 and 422.68.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 190B and sections 422.11R and 422.33.Purpose and Summary    This proposed rule making modifies the process for claiming the Farm to Food Donation Tax Credit. Under current Department rules and processes, taxpayers are required to receive approval from the Department prior to making a tax credit claim. Taxpayers submit their qualifying donation receipts issued by registered feeding organizations directly to the Department by January 15 each year and receive a tax credit award certificate for the verified tax credit amount. For tax years beginning on or after January 1, 2022, taxpayers who wish to claim the Farm to Food Donation Tax Credit will no longer be required to submit donation receipts issued by registered feeding organizations directly to the Department prior to making a tax credit claim. Further, the Department will no longer issue to taxpayers tax credit certificates that indicate the verified tax credit amount taxpayers may claim. Instead, this proposed rule making permits taxpayers to make a tax credit claim directly on their Iowa income tax returns by utilizing a tax credit form provided by the Department. The Department will review tax credit claims after they are received with the Iowa income tax returns and will request substantiation of qualifying donations and donation receipts from taxpayers as appropriate.    This proposed rule making does not remove the requirement that registered feeding organizations issue Department-approved donation receipts to donors or the requirement that registered feeding organizations report donation information to the Department by January 15 each year. However, it does modify the reporting requirements to permit registered feeding organizations to provide information through the Department’s modernized tax administration system, GovConnectIowa.    This proposed rule making also strikes language that allows a taxpayer to transfer a Farm to Food Donation Tax Credit to the taxpayer’s estate or trust upon death. The Iowa Code does not provide that the Farm to Food Donation Tax Credit is transferable.    Finally, this proposed rule making strikes and replaces rule 701—501.45(422,85GA,SF452) so that the process for claiming the Farm to Food Donation Tax Credit applicable to corporate income taxpayers mirrors the process described in rule 701—304.51(422,85GA,SF452).Fiscal Impact    This rule making has no known fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 701—7.28(17A). Public Comment     Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on December 20, 2022. Comments should be directed to: Michael Mertens Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306 Phone: 515.587.0458 Email: michael.mertens@iowa.govPublic Hearing    If requested, a public hearing at which persons may present their views orally or in writing will be held as described below. December 21, 2022 1 to 2 p.m. Via video/conference call    Persons who wish to participate in the video/conference call should contact Michael Mertens before 4:30 p.m. on December 20, 2022, to facilitate an orderly hearing. A video link or conference call number will be provided to participants prior to the hearing.    Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.    Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    ITEM 1.    Amend rule 701—304.51(422,85GA,SF452) as follows:

701—304.51(422,85GA,SF452) From farm to food donation tax credit.  Effective for tax years beginning on or after January 1, 2014, aA taxpayer that donates a food commodity that the taxpayer produces may claim a tax credit for Iowa individual income tax. The credit is equal to 15 percent of the value of the commodities donated during the tax year for which the credit is claimed or $5,000, whichever is less. The value of the commodities shall be determined in the same manner as a charitable contribution of food for federal tax purposes under Section 170(e)(3)(C) of the Internal Revenue Code.304.51(1)To qualify for the tax credit, the taxpayer (1) must produce the donated food commodity; (2) must transfer title to the donated food commodity to an Iowa food bank or Iowa emergency feeding organization recognized by the department; and (3) shall not receive remuneration for the transfer. The donated food commodity cannot be damaged or out-of-condition and declared to be unfit for human consumption by a federal, state, or local health official. A food commodity that meets the requirements for donated foods pursuant to the federal Emergency Food Assistance Program satisfies this requirement.304.51(2)To be recognized by the department, a food bank or emergency feeding organization must either be a recognized affiliate of one of the eight partner food banks with the Iowa Food Bank Association or must register with the department. To register with the department, the organization must meet the definition of “emergency feeding organization,” “food bank,” or “food pantry” as defined by the department of human services in 441—66.1(234). The department of revenue will make registration forms available on the department’s website.A food bank or emergency feeding organization that seeks recognition by the department shall register with the department in the form and manner prescribed by the department. The department will maintain a list of recognized organizations on the department’s website.304.51(3)Food banks and emergency feeding organizations that receive eligible donations shall be required to issue receipts in a format prescribed by the department for all donations received and must annually submit to the department a receipt log of all the receipts issued during the taxcalendar year. The receipt log must be submitted in the form of a spreadsheet with column specifications as provided by the department. Receipt logs showing the donations for the previous calendar year must be delivered electronically or mailed to the department postmarked by January 15 of each year. If a receipt for a taxpayer’s claim is not provided by the organization, the taxpayer’s claim will be denied.304.51(4)To claim the creditfor tax years beginning before January 1, 2022, a taxpayer shall submit to the department the original receipts that were issued by the food bank or emergency feeding organization. The receipt must include quantity information completed by the food bank or emergency feeding organization, taxpayer information, and a donation valuation consistent with Section 170(e)(3)(C) of the Internal Revenue Code completed by the taxpayer. Claims must be postmarked on or before January 15 of the year following the tax year for which the claim is requested. Once the department verifies the amount of the tax credit, a letter will be sent to the taxpayer providing the amount of the tax credit and a tax credit certificate number.304.51(5) To claim the credit for tax years beginning on or after January 1, 2022, a taxpayer shall complete the required tax credit form provided by the department and shall submit the form with the taxpayer’s income tax return for the tax year the taxpayer made the qualifying donations. The required tax credit form shall be available on the department’s website.304.51(6)Any credit in excess of the tax liability for the tax year may be credited to the tax liability for the following five years or until used, whichever is earlier. The tax credit shall not be carried back to a tax year prior to the year in which the owner redeems the credit. The credit is not transferable to any other person other than the taxpayer’s estate or trust upon the death of the taxpayer.304.51(7)If the producer is a partnership, limited liability company, S corporation, estate or trust electing to have the income taxed directly to the individual, an individual may claim the credit. The amount claimed by an individual must be based on the individual’s pro rata share of the individual’s earnings of the partnership, limited liability company, S corporation, or estate or trust.       This rule is intended to implement 2013 Iowa Acts, Senate File 452, division XVIIIIowa Code chapter 190B, subchapter I, and section 422.11R.

    ITEM 2.    Rescind rule 701—501.45(422,85GA,SF452) and adopt the following new rule in lieu thereof:

701—501.45(422) From farm to food donation tax credit.  A taxpayer that donates a food commodity that the taxpayer produces may claim a tax credit against Iowa corporation income tax according to the same requirements, conditions, and limitations as described in rule 701—304.51(422).This rule is intended to implement Iowa Code chapter 190B, subchapter I, and section 422.33.
ARC 6702CTransportation Department[761]Notice of Intended Action

Proposing rule making related to emergency vehicle certificates and providing an opportunity for public comment

    The Transportation Department hereby proposes to amend Chapter 451, “Emergency Vehicle Certificate,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 307.12 and 321.451(1).State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 321.231(2) to 321.231(4) and 321.451 as amended by 2022 Iowa Acts, Senate File 333, sections 2, 3 and 9, and sections 321.231(3A), 321.231A, and 321.324A(3A) as enacted by 2022 Iowa Acts, Senate File 333, sections 4, 5 and 7, respectively.Purpose and Summary    This proposed rule making conforms Chapter 451 with 2022 Iowa Acts, Senate File 333. This legislation adds the following to the list of vehicles eligible under Iowa Code section 321.451 for a certificate of designation as an authorized emergency vehicle by the Department:    1. A vehicle privately owned by a certified chief or certified fire officer of a volunteer fire department, a fire department comprised of volunteer and paid members, or a nonprofit corporation delivering emergency services to a municipality under contract. The owner of the vehicle must provide proof of certification as a fire officer.    2. A vehicle privately owned by a chief, medical director, or certified medical provider of an authorized emergency medical service.    Prior to the Department approving an application, additional requirements for these categories of vehicles include that the owner must have completed an emergency vehicle operations course approved by either the Fire Service Training Bureau or the Department of Public Health as applicable, and that the owner must provide proof of financial liability coverage or risk pool coverage.    The proposed amendments provide that a person seeking an authorized emergency vehicle certificate must meet the requirements set forth under Iowa Code section 321.451 as amended by Senate File 333, section 9, and in addition these amendments expand the permitted operations of an authorized emergency vehicle to allow the driver of an authorized emergency vehicle to operate the vehicle during parades, events and funeral processions as identified in newly enacted Iowa Code sections 321.231A and 321.324A. The proposed amendments also align the Department’s authority to deny an application or revoke a certificate of designation with the amended and additional requirements for operation of an authorized emergency vehicle.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa beyond any impact anticipated by the legislation. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11. Public Comment     Any interested person may submit written comments concerning this proposed rule making or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on December 20, 2022. Comments should be directed to: Tracy George Department of Transportation DOT Rules Administrator, Government and Community Relations 800 Lincoln Way Ames, Iowa 50010 Email: tracy.george@iowadot.us Public Hearing    If requested, a public hearing to hear oral presentations will be held on December 22, 2022, via conference call at 10:30 a.m. Persons who wish to participate in the conference call should contact Tracy George before 4:30 p.m. on December 20, 2022, to facilitate an orderly hearing. A conference call number will be provided to participants prior to the hearing.     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George and advise of specific needs.     The public hearing will be canceled without further notice if no oral presentation is requested. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    ITEM 1.    Amend rule 761—451.2(321) as follows:

761—451.2(321) Authorized emergency vehicle certificate.      451.2(1) Application.  Application for a certificate which designates a privately owned vehicle as an authorized emergency vehicle shall be submitted to the motor vehicle division in the form and manner prescribed by the department. The department shall deny an application if the applicant does not establish for the department that the vehicle will be used as an authorized emergency vehicle, as described in Iowa Code section 321.451as amended by 2022 Iowa Acts, Senate File 333, section 9, or that the vehicle does not otherwise demonstrate necessity for the designation, or that the applicant does not meet the criteria for issuance of a certificate established by Iowa Code section 321.451 as amended by 2022 Iowa Acts, Senate File 333, section 9.    451.2(2) Expiration.  The certificate of designation expires at midnight on the thirty-first day of December five years from the year in which it was issued.    451.2(3) Limitation.  In addition to the provisions of Iowa Code sectionsections 321.231(2),321.231(4) and 321.451 as amended by 2022 Iowa Acts, Senate File 333, sections 2, 3 and 9, and sections 321.231A and 321.324A(3A) as enacted by 2022 Iowa Acts, Senate File 333, sections 5 and 7, a towing or recovery vehicle with a valid certificate of designation may only display illuminated emergency lights in one of the following circumstances:    a.    When the vehicle is at the scene of an emergency, which includes an incident dangerous to the public or roadside operations where increased visibility will mitigate risk of traffic hazards.    b.    When otherwise authorized by a law enforcement officer.       This rule is intended to implement Iowa Code sections 321.231 and 321.451as amended by 2022 Iowa Acts, Senate File 333, sections 2, 3 and 9, and sections 321.231A and 321.324A(3A) as enacted by 2022 Iowa Acts, Senate File 333, sections 5 and 7.

    ITEM 2.    Amend rule 761—451.3(17A,321) as follows:

761—451.3(17A,321) Application denial or certificate revocation.      451.3(1)   The department may deny an application or revoke a certificate of designation if an applicant or certificate holder fails to comply with the applicable provisions of this chapter or Iowa Code section 321.231oras amended by 2022 Iowa Acts, Senate File 333, sections 2 to 4, section321.451,as amended by 2022 Iowa Acts, Senate File 333, section 9, section 321.231A as enacted by 2022 Iowa Acts, Senate File 333, section 5, or section 321.324A(3A) as enacted by 2022 Iowa Acts, Senate File 333, section 7; or if the certificate holder is no longer eligible for the certificate, or the certificate holder otherwise abuses the certification.    451.3(2)   The department shall send notice by certified mail to a person whose certificate of designation is to be revoked. The department shall send notice by first-class mail when an application is denied. The notice shall be mailed to the person’s mailing address as shown on departmental records, and the revocation or denial shall become effective 20 days from the date mailed. A person who is aggrieved by a decision of the department and who is entitled to a hearing may contest the decision in accordance with 761—Chapter 13. The request shall be submitted in writing to the director of the motor vehicle division. The request shall be deemed timely submitted if it is delivered or postmarked on or before the effective date specified in the notice of revocation or denial.       This rule is intended to implement Iowa Code chapter 17A and sections 321.13, 321.16, 321.231andas amended by 2022 Iowa Acts, Senate File 333, sections 2 to 4,321.451as amended by 2022 Iowa Acts, Senate File 333, section 9, and sections 321.231A and 321.324A(3A) as enacted by 2022 Iowa Acts, Senate File 333, sections 5 and 7.
ARC 6703CTransportation Department[761]Notice of Intended Action

Proposing rule making related to driver’s licenses for undercover law enforcement officers and providing an opportunity for public comment

    The Transportation Department hereby proposes to amend Chapter 625, “Driver’s Licenses for Undercover Law Enforcement Officers,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 307.12 and 321.189A.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 321.189 and 321.189A.Purpose and Summary    The proposed amendments add that an applicant who is employed by a state or local law enforcement agency that is located outside Iowa is ineligible for an undercover Iowa driver’s license. These officers typically have no jurisdictional authority to conduct official activity in Iowa and may seek to obtain an undercover driver’s license from their state of domicile. However, federal law enforcement officers remain eligible to obtain undercover driver’s licenses as provided in Iowa Code section 321.189A(2).    In addition, the proposed amendments update terminology from “disapprove” to “deny” in relation to application processing, clarify that the Bureau of Investigation and Identity Protection is responsible for collecting and canceling surrendered driver’s licenses, and update the chapter’s implementation sentence to add Iowa Code section 321.189, which is the statute that prescribes the content of all driver’s licenses issued by the Department.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11. Public Comment     Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on December 20, 2022. Comments should be directed to: Tracy George Department of Transportation DOT Rules Administrator, Government and Community Relations 800 Lincoln Way Ames, Iowa 50010 Email: tracy.george@iowadot.usPublic Hearing     If requested, a public hearing to hear oral presentations will be held on December 22, 2022, via conference call at 9 a.m. Persons who wish to participate in the conference call should contact Tracy George before 4:30 p.m. on December 20, 2022, to facilitate an orderly hearing. A conference call number will be provided to participants prior to the hearing.     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George and advise of specific needs.     The public hearing will be canceled without further notice if no oral presentation is requested. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    ITEM 1.    Amend rule 761—625.2(321) as follows:

761—625.2(321) Application.      625.2(1)   The application for an undercover driver’s license must:    a.    Be in writing.    b.    Include a fictitious name as well as the applicant’s true identity.    c.    Include a statement of need.    d.    Be signed by both the applicant and the head of the law enforcement agency employing the applicant.    e.    Be submitted to the Bureau of Investigation and Identity Protection, Iowa Department of Transportation, 6310 SE Convenience Blvd., Ankeny, Iowa 50021.    625.2(2)   All applications shall be investigated by the department. An investigation shall include, but not be limited to, a 50-state check of the fictitious name and verification of the applicant’s employment with the sponsoring law enforcement agency.    625.2(3)   The department shall determine if the undercover license is necessary.    625.2(4)   The department shall approve or disapprovedeny the application, based on the results of the investigation and the determination of necessity.    625.2(5)   An applicant employed by a state or local law enforcement agency that is located in a state other than Iowa is not eligible for an undercover driver’s license issued under this chapter.

    ITEM 2.    Amend rule 761—625.5(321) as follows:

761—625.5(321) Cancellation.  When the need for an undercover license no longer exists or if the licensee ceases to be employed by the sponsoring law enforcement agency, the licensee shall surrender the undercover license to the departmentbureau of investigation and identity protection for cancellation.

    ITEM 3.    Amend 761—Chapter 625, implementation sentence, as follows:       These rules are intended to implement Iowa Code sections 22.7, 80G.3,321.189, 321.189A,and 321.196 and 6 CFR Part 37.
ARC 6701CWorkers’ Compensation Division[876]Notice of Intended Action

Proposing rule making related to electronic filing and reaching settlements and providing an opportunity for public comment

    The Workers’ Compensation Commissioner hereby proposes to amend Chapter 1, “Purpose and Function,” Chapter 2, “General Provisions,” Chapter 3, “Forms,” Chapter 4, “Contested Cases,” Chapter 6, “Settlements and Commutations,” Chapter 8, “Substantive and Interpretive Rules,” Chapter 9, “Public Records and Fair Information Practices,” and Chapter 11, “Electronic Data Interchange (EDI),” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 86.8.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 17A, 22, 85, 85A, 85B, 86 and 87.Purpose and Summary    The purpose of this proposed rule making is to update language in the rules for consistency with the implementation of the electronic filing system, to update the waiver provisions for the electronic filing system, to allow represented parties more flexibility in reaching settlements, to update outdated language, and to increase the filing fee.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 rule 876—12.4(17A).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 December 20, 2022. Comments should be directed to:Heather Palmer Workers’ Compensation Division 150 Des Moines Street Des Moines, Iowa 50309 Email: heather.palmer@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.    Amend rule 876—1.2(86,17A) as follows:

876—1.2(86,17A) Location.  Interested persons may contact the Iowa Workers’ Compensation Commissioner, 150 Des Moines Street, Des Moines, Iowa 50309; telephone (515)725-4120 or 1-800-645-4583. The fax number is (515)281-6501. The website address is www.iowaworkforce.org/wcwww.iowaworkcomp.gov.

    ITEM 2.    Amend rule 876—2.1(86) as follows:

876—2.1(86) Extending time and continuances.  For good cause theThe workers’ compensation commissioner or the commissioner’s designeea deputy workers’ compensation commissioner may modify the time to comply with any rulefor good cause.       This rule is intended to implement Iowa Code chapter 86.

    ITEM 3.    Amend rule 876—2.2(85A,85B,86,87) as follows:

876—2.2(85,85A,85B,86,87) Applicability.  When appropriate, all rules shall apply to Iowa Code chapters85, 85A, 85B, 86 and 87 as well as chapter 85.       This rule is intended to implement Iowa Code chapters 85, 85A, 85B, 86 and 87.

    ITEM 4.    Adopt the following new implementation sentence in rule 876—2.3(86,87):       This rule is intended to implement Iowa Code chapters 86 and 87.

    ITEM 5.    Amend rule 876—2.5(85,85A,85B,86) as follows:

876—2.5(85,85A,85B,86) Use of workers’ compensation electronic system (WCES) for submission of filings.  The division of workers’ compensation requires the filing of electronicElectronic data interchange (EDI) information, forms, petitions, pleadings, responses,motions, briefs, and any other submissions to be effectuated by use ofshall be filed through the workers’ compensation electronic system (WCES). The website address for WCES is efile.iowaworkcomp.govwww.iowaworkcomp.gov/efile. The division of workers’ compensation may provide exceptions to the mandatory use of WCES in contested claims. Any electronic filing that is quarantined due to a virus will not be considered received.Any electronic filing that is quarantined due to a virus will not be considered received.    2.5(1)   The division of workers’ compensation shallmay grant exceptions for filing in WCES for good cause, such as a power outage at the filer’s office or homea request for waiver of the mandatory use of WCES in contested cases, pursuant to rule 876—12.4(17A).    2.5(2)   The division of workers’ compensation shall grant exceptions for part or the duration of a case for good cause, such as when a filer cannot use a computer or does not have regular access to the Internet at home through a device capable of displaying documents. This inability to file in or follow the case could put a filer at a disadvantage before the agency. Only a deputy workers’ compensation commissioner or the workers’ compensation commissioner can grant an exception for the duration of arequest for waiver of the mandatory use of WCES in a contested case.    2.5(3)   The commissioner or the commissioner’s designee shall allow the filing of paper documents in case of a systemic failure of WCES.If the division of workers’ compensation grants a waiver of the mandatory use of WCES in a contested case, the division of workers’ compensation shall file paper documents received from the filer in WCES.This rule is intended to implement Iowa Code chapters 85, 85A, 85B and 86.

    ITEM 6.    Amend rule 876—2.7(86) as follows:

876—2.7(86) Official record.  The electronic record made and maintained by the division of workers’ compensation is the official record of acontested case unless different means are ordered by the commissioner or deputy commissioner or unless a proceeding is not required to use WCES. The division may require parties to scan and file in WCES pleadings, exhibits and other records that were filed as paper documents before the establishment of WCES.This rule is intended to implement Iowa Code chapters 85, 85A, 85B and 86.

    ITEM 7.    Amend rule 876—2.8(86) as follows:

876—2.8(86) Document requirements.  Pleadings, responses to pleadings, exhibits, and transcripts submitted to the division of workers’ compensation shall be scanned, attached, and filed in portable document format (pdf) or as image-on-text documents (searchable pdf). A hearing report or proposed order or proposed ruling shall be submitted in Microsoft Word formatas a pdf or searchable pdf. Transcripts submitted shall include an index. Filings shall not exceed 3020 megabytes (MB). Documents exceeding 3020 MB shall be divided and submitted as separate attachments to comply with this size limit. All filings pursuant to this rule shall be submitted via WCES unless otherwise ordered by the workers’ compensation commissioner,or a deputy workers’ compensation commissioner or other agency staff who have been delegated authority by the commissioner. Audio or video files shall use MP3 or MP4 format and should be submitted with a virus-scanned USB drive or DVD and shall not exceed 500 MB for each filing. This rule is intended to implement Iowa Code chapters 85, 85A, 85B and 86.

    ITEM 8.    Rescind and reserve rule 876—2.9(86).

    ITEM 9.    Amend subrules 3.1(1) and 3.1(2) as follows:    3 3.1 1(1) First report of injury(FROI).  The first report of injury (FROI)FROI contains general information concerning the employee, the employer and the claimed injury. ItA FROI is to be filed whether or not an adjudication or admission of liability for the injury exists and is to be filed as provided in Iowa Code section 86.11 and 876—Chapter 11. The first report of injuryFROI is to be filed when demanded by the commissioner pursuant to Iowa Code section 86.12 and when an employer is served with an original notice and petition that alleges an injury for which a first reportFROI has not been filed. If an original notice and petition alleges multiple injury dates, only one first report of injuryFROI should be filed, and the date of injury reported should be the date the reporter uses when adjusting the claim.    3 3.1 1(2) Subsequent report of injury (SROI).      a.    The subsequent report of injury (SROI)SROI provides for filing of notice of commencement of payments, correcting erroneous claim information, supplying additional information, denying compensability, agreeing to the weekly benefit rate and agreeing to make payments under the Workers’ Compensation Act, reporting the status of a claim, or recording benefits paid. Notice of commencement of payments shall be filed within 30 days of the first payment. When liability on a claim is denied, a letter shall be sent to claimant stating reasons for denial. The SROI shall also be filed when compensation is terminated or interrupted. Medical data supporting the action taken shall be filed when temporary total disability or temporary partial disability exceeds 13 weeks or when the employee sustains a permanent disability.     b.    The employer and insurance carrier who are required to file medical data shall file the medical data in WCES. The employer or insurance carrier or the employer’s or insurance carrier’s agent shall register in WCES to file the medical data. The filer will receive a status update for the information the filer submits based upon the status the filer selects and for which the filer is approved in WCES.

    ITEM 10.    Amend subrule 3.1(7) as follows:    3.1(7) Form—original notice and petition.  The following forms are types of original notice and petition: original notice and petition—Form 100 (Form No. 14-0005); original notice,and petition, answer and order concerningapplication for independent medical examination—Form 100A (Form No. 14-0007); answer and order concerningapplication for independent medical examination—Form 100A (Form No. 14-0007A); original notice,and petition, answer and order concerning vocational rehabilitation program benefit—Form 100B (Form No. 14-0009); answer concerning vocational rehabilitation program benefit—Form 100B (Form No. 14-0009A); original notice, petition, and answer concerning application for alternate medical care—Form 100C (Form No. 14-0011); answer concerning application for alternate medical care—Form 100C (Form No. 14-0011A); original notice,and petition, and answer concerning application for vocational training and education—Form 100D (Form No. 14-0012); answer concerning application for vocational training and education—Form 100D (Form No. 14-0012A); original notice and petition for full commutation of all remaining benefits of ten weeks or more 876 IAC 6.2(6)—Form 9 (Form No. 14-0013); checklist for full commutation (Form No. 14-0015);and original notice and petition and order for partial commutation—Form 9A (Form No. 14-0017); and checklist for partial commutation (Form No. 14-0019). See rule 876—4.6(85,86,17A) for further descriptions.

    ITEM 11.    Amend subrules 3.1(18) and 3.1(19) as follows:    3 3.1 1(18) Form No. 9—original notice and petition and order for commutation of all remaining benefits of ten weeks or more 876 IAC 6.2(6). (Form No. 14-0013)  This form contains data relevant to benefits paid and those to be paid by commutation when all unaccrued benefits are due. Signatures of the parties are necessary. Approval by the workers’ compensation commissioner or a deputyworkers’ compensation commissioner is necessary. The form contains language of release.    3 3.1 1(19) Form No. 9A—original notice and petition and order for partial commutation. (Form No. 14-0017)  This form contains the same data and requirements as Form No. 9. However, all remaining benefits are not commuted. No language of release is contained.

    ITEM 12.    Rescind subrule 3.1(27) and adopt the following new subrule in lieu thereof:    3.1(27) Form—nonelection of workers’ compensation or employers’ liability coverage. (Form No. 14-0175)  This form is used for exclusion from liability coverage pursuant to Iowa Code section 87.22.

    ITEM 13.    Rescind subrule 3.1(28) and adopt the following new subrule in lieu thereof:    3.1(28) Form—shorthand reporter identification form. (Form No. 14-0178)  This form is used to identify the official shorthand reporter and custodian of the notes for a hearing.

    ITEM 14.    Amend subrule 3.1(29) as follows:    3.1(29) Form—application to be excused from filing in WCESrequest for waiver of the mandatory use of WCES. (Form No. 14-0176)  This form is used by a self-represented party to request permissiona waiver from those rules requiring filing in WCES and allows a party to file and serve documents in paper form and be excused from using WCES.

    ITEM 15.    Rescind and reserve subrule 4.1(13).

    ITEM 16.    Amend rule 876—4.2(86) as follows:

876—4.2(86) Separate evidentiary hearing or consolidation of proceedings.  A person presiding over a contested case proceeding in a workers’ compensation matter may conduct a separate evidentiary hearing for determination of any issue in the contested case proceeding which goes to the whole or any material part of the case. An order determining the issue presented shall be issued before a hearing is held on the remaining issues. The issue determined in the separate evidentiary hearing shall be precluded at the hearing of the remaining issues. If the order on the separate issue does not dispose of the whole case, it shall be deemed interlocutory for purposes of appeal.When any contested case proceeding shall be filed prior to or subsequent to the filing of an arbitration or review-reopening proceeding and is of such a nature that it is an integral part of the arbitration or review-reopening proceeding, it shall be deemed merged with the arbitration or review-reopening proceeding. No appeal to theworkers’ compensation commissioner of a deputyworkers’ compensation commissioner’s order in such a merged proceeding shall be had separately from the decision in arbitration or review-reopening unless appeal to the commissioner from the arbitration or review-reopening decision would not provide an adequate remedy.Entitlement to denial or delay benefits provided in Iowa Code section 86.13 shall be pled, and if pled, discovery shall be limited to matters discoverable in the absence of such pleading unless it is bifurcated. The claimant may bifurcate the denial or delay issue by filing and serving a notice of bifurcation at any time before a case is assigned for hearing, in which case discovery on that issue may proceed only after the final decision of the agency on all other issues.       This rule is intended to implement Iowa Code sections 86.13, 86.18 and 86.24.

    ITEM 17.    Amend rule 876—4.3(85,85A,86,87) as follows:

876—4.3(85,85A,86,87) Compliance proceedings.  If the workers’ compensation commissioner shall have reason to believe that there has not been compliance with the workers’ compensation law by any person or entity, theworkers’ compensation commissioner may on theworkers’ compensation commissioner’s own motion give notice to the person or entity and schedule a hearing for the purpose of determining whether or not there has been compliance by the person or entity. The notice shall state the time and place of the hearing and a brief statement of the matters to be considered. The notice of hearing may be given by ordinary mail or by WCES if the alleged noncompliant person or entity is registered in WCES and is currently participating in a contested case using WCES and may be given to the insurer for the employer in lieu of the employer as permitted by Iowa Code section 87.10 if the insurer has filed a report, pleading or motion that acknowledges that it is the insurer for the claim at issue. Following the hearing, theworkers’ compensation commissioneror a deputy workers’ compensation commissioner may issue a finding regarding compliance. In the event a failure to comply is found, theworkers’ compensation commissioner may impose sanctions in accordance with Iowa Code section 86.12, 86.13 or 86.13A or order compliance within a specified time and under specified circumstances. The workers’ compensation commissioner may file a certified copy of the order in an appropriate district court and may file a certified copy of the order with the Iowa insurance division of the department of commerce with a request for action by the insurance division upon failure to comply with the order.Nothing in this rule shall prevent the workers’ compensation commissioner from conducting an informal conference with any person or entity concerning problems of compliance prior to the initiation of a compliance proceeding.       This rule is intended to implement Iowa Code chapters 85, 85A, 86 and 87.

    ITEM 18.    Amend rule 876—4.4(86) as follows:

876—4.4(86) Request for hearing.  Unless otherwise ordered, aA hearing shall not be held in proceedings undersubrules 4.1(8) to 4.1(13)4.1(12), unlessotherwise ordered or requested in writing by the petitioner in the original notice or petition or by the respondent within ten days following the time allowed by these rules for appearance.       This rule is intended to implement Iowa Code chapter 86.

    ITEM 19.    Amend rule 876—4.5(86) as follows:

876—4.5(86) Commencement bythe workers’ compensation commissioner.  In addition to an aggrieved party, theworkers’ compensation commissioner may initiate proceedings undersubrule 4.1(10). The proceeding may be held before a deputyworkers’ compensation commissioner or theworkers’ compensation commissioner. The workers’ compensation commissioner shall be the only person to commence a proceeding undersubrule 4.1(14), unless such authority is specifically delegated by the workers’ compensation commissioner to a deputyworkers’ compensation commissioner concerning a specific matter.       This rule is intended to implement Iowa Code chapter 86.

    ITEM 20.    Amend rule 876—4.6(85,86,17A) as follows:

876—4.6(85,86,17A) Original notice and petition.  A petition or application must be delivered or filed with the original notice unless original notice Form 100, Form 100A, Form 100B, or Form 100D of the division of workers’ compensation is used.The original notice Form 100, Form 100A, Form 100B, Form 100C, Form 100D, or a determination of liability reimbursement for benefits paid and recovery of interest form shall provide for the data required in Iowa Code section 17A.12(2) and shall contain factors relevant to the contested case proceedings listed inrule 876—4.1(85,85A,85B,86,87,17A). Form 100 is to be used for all contested case proceedings except as indicated in this rule. Form 100A is to be used for the contested case proceedings provided for in subrulessubrule 4.1(12) and 4.1(13). Form 100B is to be used for the contested case proceeding provided for in subrule 4.1(8). Form 100C is to be used for the contested case proceeding provided for in subrule 4.1(15) and rule 876—4.48(17A,85,86). Form 100D is to be used for the contested case proceeding provided for in rule 876—4.50(85). The application and consent order for payment of benefits under Iowa Code section 85.21 is to be used for contested case proceedings brought under Iowa Code section 85.21. When a commutation is sought, Form No. 914-0013 or Form No. 9A14-0017 must be filed in addition to any other document. The petition for declaratory order, approval of attorney fees, determination of compliance and other proceedings not covered in the original notice forms must accompany the original notice.At the same time and in the same manner as service of the original notice and petition, the claimant shall serve a patient’s waiver using Form 14-0043 (authorization for release of information regarding claimants seeking workers’ compensation benefits), or a substantially equivalent form, which shall not be revoked until conclusion of the contested case. The claimant shall provide the patient’s waivers in other forms and update the patient’s waivers as necessary to permit full disclosure of discoverable information whenever requested by a medical practitioner or institution.A separate original notice and petition shall be filed for each claim that seeks benefits due to the occurrence of an injury, occupational disease or occupational hearing loss. The original notice and petition shall allege a specific date of occurrence consisting of a day, month and year. Alternate or multiple dates of occurrence may be alleged in the same original notice and petition if the claim or claims arose from the same occurrence or series of occurrences and uncertainty exists concerning the correct date of occurrence or the number of occurrences. An employee may join any number of employers or insurance carriers in the same original notice and petition if the claim is made against them jointly, severally or in the alternative. The remedy for misjoinder must be requested by motion within a reasonable time after the grounds become known, but in no event later than the claimant’s case preparation completion date. All remedies will be applied without prejudice to any claim or defense. In addition to the remedies contained in Iowa Rule of Civil Procedure 1.236, the workers’ compensation commissioner may order that parts of a claim be severed and proceeded with separately or that separate related claims be joined or consolidated for administrative convenience or for any good cause. If a correction is ordered but not made by a date specified in the order, the original notice and petition may be dismissed without further notice. If the correction is made within the specified time, the correction relates back to the date of the initial filing for purposes of the statute of limitations.       This rule is intended to implement Iowa Code sections 85.27, 85.45, 85.48, and 17A.12.

    ITEM 21.    Amend rule 876—4.7(86,17A) as follows:

876—4.7(86,17A) Delivery of notice, orders, rulings and decisions.  Delivery of the original notice shall be made by the petitioning party as provided in Iowa Code section 17A.12(1) except that a party may deliver the original notice on a nonresident employer as provided in Iowa Code section 85.3. A proposed or final decision, order or ruling may be delivered by the division of workers’ compensation to any party by regular mail, by email or by WCES. Filing of a notice, ruling and decision in WCES is the official filing and start of any appeal or motion deadline. Parties registered in WCES for a claim will be sent a courtesy email informing the parties of a filing.        This rule is intended to implement Iowa Code sections 85.3 and 17A.12.

    ITEM 22.    Amend rule 876—4.8(86) as follows:

876—4.8(86) Filing of notice.      4.8(1)   A contested case is commenced by filing the original notice and petition with the workers’ compensation commissioner. No action shall be taken by the workers’ compensation commissioner on any contested case against an adverse party unless the adverse party has answered or unless it can be shown by proper proof that the adverse party has been properly served. The original notice and petition if required by 876—4.6(85,86,17A) shall be accompanied by proof that the petitioner has deposited copies of such documents with the U.S. post office for delivery by certified mail, return receipt requested, upon the respondent or has submitted such copies to a proper person for delivery of personal service as in civil actions.    4.8(2)   Filing fee.    a.    For all original notices and petitions for arbitration or review-reopening relating to weekly benefits filed on account of each injury, gradual or cumulative injury, occupational disease or occupational hearing loss alleged, a filing fee shall be paid at the time of filing. The filing fee for petitions is $100$125. No filing fee is due for the filing of other actions where the sole relief sought is one of the following or a combination of any of them: medical and other benefits under Iowa Code section 85.27; burial benefits,under Iowa Code section 85.28; determination of dependency,under Iowa Code sections 85.42, 85.43, and 85.44; equitable apportionment,under Iowa Code section 85.43; second injury fund,under Iowa Code sections 85.63 to 85.69; vocational rehabilitation benefits,under Iowa Code section 85.70(1); vocational training and education benefits,under Iowa Code section 85.70(2); approval of legal, medical and other fees under Iowa Code section 86.39; commutation,under Iowa Code sections 85.45 to 85.48; employee’s examination,under Iowa Code section 85.39; employee’s examination or sanctions,under Iowa Code section 85.39; application for alternate care,under Iowa Code section 85.27; determination of liability, reimbursement for benefits paid and recovery of interest,under Iowa Code section 85.21; interest,under Iowa Code section 85.30; penalty,under Iowa Code section 86.13; application for approval of third-party settlement,under Iowa Code section 85.22; and petitions for declaratory orders or petitions for interventions filed pursuant to 876—Chapter 5. An amendment to a petition that was filed on or after July 1, 1988, that alleges an additional or alternate date of occurrence does not require payment of an additional filing fee if a filing fee was paid when the petition was filed.    b.    A filing fee shall be required for each original notice and petition filed, as required in paragraph 4.8(2)“a.” Ifa party overpays a filing fees have been overpaid, the amount overpaid shall be refunded tofee, the party who made the overpaymentmay receive a refund. The party who made the overpayment must request a refund before June 1 of the fiscal year in which the overpayment occurred.    c.    Rescinded IAB 11/27/02, effective 1/1/03.    d.    Rescinded IAB 11/27/02, effective 1/1/03.    e.    If the correct filing fee or fees are not paid at the time of filing of the original notice and petition, the workers’ compensation commissioner shall enter an order requiring payment of the correct filing fee or fees. If the required correction is not made by a date specified in the order, the original notice and petition shall automatically be dismissed without prejudice without entry of further order. See rule 876—4.36(86). If correction is made within the specified time, the initial filing shall be sufficient to have tolled the statute of limitations.    c.    If no filing fee is paid at the time of filing of the original notice and petition, the workers’ compensation commissioner shall return the original notice and petition to the party filing it. Filing an original notice and petition without paying the fee shall not toll the statute of limitations. Tendering an amount less than required will be considered failure to pay a filing fee.    f.    d.    The filing fee may be taxed as a cost to the losing party in the case. If the filing fee would impose an undue hardship or be unjust in the circumstances for the losing party, the filing fee may be taxed as costs to the winning party in the case. If an original notice and petition is erroneously accepted for filing without payment of the correct filing fee or fees, any unpaid fees may be taxed as costs. See rule 876—4.33(86).    g.    e.    The filing fee shall be paid at the same time the petition is filed. The filing fee shall be paid electronically with a credit card or electronic check, via automated clearing house (ACH), or by other electronic means as allowed by WCES. Checks should be made, unless an order granting permission for nonelectronic payment has been issued. If an order granting permission for nonelectronic payment has been issued, the party filing the petition shall issue a check payable to the “Iowa Division of Workers’ Compensation.” If the payment of the filing fee is made by anaccount with insufficient funds check or a check on whichor the payment is stopped, or a check on whichthe payment is otherwise not honored, it will be treated as a failure to pay the correct filing fee. See 4.8(2)“e.”paragraph 4.8(2)“c.” Nonelectronic payment will not be accepted without an order granting permission for nonelectronic payment. AnyThe statute of limitations is not tolled if a party has requested nonelectronic payment and is awaiting an order.    h.    f.    The workers’ compensation commissioner may accept for filing an original notice and petition without prepayment of the filing fee if in the discretion of the workers’ compensation commissioner the petitioner is unable to pay the fee at the time of filing. A deferral of payment of the filing fee shall only be granted upon written application by the petitioner. The application shall be filed at the same time the original notice and petition is filed. The application shall be in the form required by the workers’ compensation commissioner and shall include an affidavit signed by the petitioner. When payment of the filing fee is deferred, provisions for payment of the filing fee must be included in any settlement submitted to the workers’ compensation commissioner for approval or taxed as costs. When the application for deferral of payment of the filing fee is denied, the filing fee shall be paid as ordered. See 4.8(2)“e.”paragraph 4.8(2)“c.” The form for the application deferral of prepayment of fees (Form No. 14-0075) shall not be filed using WCES. The document shall be filed in paper form. If the request for deferral of fees is granted, a claim will be established in WCES. Parties to the claim shall use WCES for future filings, unless a party has been excused from usinggranted a waiver of the mandatory use of WCES.    i.    Rescinded IAB 1/29/97, effective 3/5/97.    j.    g.    Parties shall use the payment gateway in WCES to pay filing fees, unless an order has been issued allowing deferral of the payment of the filing fee or payment outside of WCES. In addition to the filing fee, the parties shall pay the convenience fee charged by the financial institution that is processing payment for WCES. This cost may be recoverable under rule 876—4.33(86).       This rule is intended to implement Iowa Code section 17A.12.

    ITEM 23.    Amend rule 876—4.9(17A) as follows:

876—4.9(17A) Appearance and responses, pleadings, motions and settlements.   Appearances and responses to pleadings and motions shall be made using the division of workers’ compensation’sin WCES. Registration with the division of workers’ compensation’s WCES is required. Registration is accepted at efile.iowaworkcomp.govwww.iowaworkcomp.gov/efile. After a matter has been commenced and the respondent has been served withan original notice and filed an answer or appearance, subsequent filings or submissions in WCES do not require proof of service to parties of record who are registered with WCES.If a party has been granted a waiver of the mandatory use of WCES, the party shall include a proof of service for all parties of record. Attorneys will need to use the AT pin or pro hac vice pin assigned by the Iowa Supreme Court to be associated with a case in WCES. When an attorney is not representing a party, the employer or insurance carrier or the employer’s or insurance carrier’s agent or claimant shall register in WCES to file the settlement or medical data pursuant to 876—subrule 3.1(2). The filer will receive a status update for the information the filer submits based upon the status the filer selects when registering in WCES.    4.9(1) Respondent—appearance.  A respondent shall appear by filing an answer or a motion within 20 days after the service of the original notice and petition upon the respondentin WCES, or if a party has been granted a waiver of the mandatory use of WCES, the respondent shall file an answer or motion within 20 days after service of the original notice and petition upon the respondent with the division of workers’ compensation. A respondent shall file a response by answer or motion by using WCES for all claims in which a petition was filed within WCES unless permission has been granted to be excused from using WCES.    4.9(2) Motions.  Motions attacking a pleading must be served before responding to a pleading or, if no responsive pleading is required, upon motion made by a party within 20 days after the service of the pleading on such party.    4.9(3) Pleading.  Rescinded IAB 11/23/05, effective 1/1/06.    4.9(4) Time after motions attacking pleadings and special appearances.  If a motion attacking a pleading is so disposed of as to require further pleading, such further pleading shall be served within ten days after notice of the action of the workers’ compensation commissioner or deputy workers’ compensation commissioner. If the further pleading requires a response, the response shall be filed within ten days after service of the further pleading.    4.9(5) Amendments to pleadings.  A party may amend a pleading as a matter of course at any time before the party’s discovery is closed, or if no order is entered closing the party’s discovery, at any time before the case is assigned for hearing. Otherwise, a party may amend a pleading only by leave of the workers’ compensation commissioner or deputy workers’ compensation commissioner or by written consent of the adverse party. Leave to amend, including leave to amend to conform to proof, shall be freely given when justice so requires.    4.9(6) Form, submission and ruling on motions.  All motions, including pre-answer motions and motions for summary judgment, shall have appended to them a concise memorandum brief and argument. All motions and applications except motions for summary judgment shall be deemed submitted without hearing on the record presented on the tenth day following filing. Motions for summary judgment shall be deemed submitted as provided in Iowa Rule of Civil Procedure 1.981. Resistances to motions shall have appended to them a concise memorandum brief and argument and shall be filed on or before the date of submission. Briefs and arguments are waived unless appended to the motion, application or resistance.An order may be entered consolidating any motion for ruling withthe hearing of the contested case. Any party desiring a ruling on a motion prior tothe hearing may concisely set forth the necessity of prior ruling in the motion, application or resistance. If a pre-answer motion alleging lack of jurisdiction is overruled or consolidated with hearing of the contested case, the party shall plead to the merits and proceed to hearing of the contested case without submitting to the jurisdiction of the workers’ compensation commissioner. If a motion attacking a pleading is consolidated with hearing of the contested case, the party shall respond to the pleading in the same manner as if the motion had been overruled.    4.9(7) Consolidation.  All petitions involving the same claimant and employer will automatically be consolidated.Any party may file a motion to consolidate common questions of fact and law surrounding an injury or a series of injuries. The motionto consolidate shall be deemed approvedwithout an order if no resistance to the motion is filed with the workers’ compensation commissioner within ten days of the filing of the motion. No order granting the motion will be filed by the workers’ compensation commissioner. As an alternative, the parties may make an oral motion to consolidate common questions of fact or law at the time of the pretrial hearing. A ruling on the motion will be included with the order issued from the pretrial hearing.    4.9(8) Withdrawal of counsel.  Counsel may withdraw if another counsel has appeared or if the client’s written consent accompanies the withdrawal.Under all other circumstances, counsel may withdraw only upon the order of the workers’ compensation commissioner after making written application. Counsel shall give the client written notice that the client has the right to object to the withdrawal by filing written objections and a request for a hearing to the Division of Workers’ Compensation, 150 Des Moines Street, Des Moines, Iowa 50309, within ten days following the date the notice was mailed or personally delivered to the client. The client’s response does not need to be filed in WCES but may be mailed or delivered to the division. Counsel’s application shall be accompanied by proof that a copy of the application and notice was sent by certified mail addressed to the client’s last-known address or was delivered to the client personally. If no objections are timely filed, the withdrawal will become effective when approved by the workers’ compensation commissioner. If objections are timely filed, a hearing on the application will be held. No withdrawal under this subrule will be effective without the approval of the workers’ compensation commissioner. The filing of an application to withdraw stays all pending matters until a ruling is made on the application.    4.9(9) Requests for default.  Requests or motions for default shall be as provided in Iowa Rules of Civil Procedure 1.971 to 1.977 except that entry of default shall be by order of the workers’ compensation commissioner or a deputy workers’ compensation commissioner.    4.9(10) Pro hac vice.  An out-of-state attorney desiring to appear pro hac vice in an Iowa division of workers’ compensation case is required to access the office of professional regulation (OPR)/supreme court commissions (SCC) website, submit certain personal information to complete pertinent fields in the lawyer database, and pay a fee that will be deposited in the client security trust fund. The registration and fee payment allow the attorney to apply to appear pro hac vice in Iowa division of workers’ compensation cases, subject to the limits and requirements of Iowa Court Rule 31.14, for a period of up to five years from the date of registration. Attorneys who register and pay the fee appear in the OPR/SCC database with the status of “pro hac vice.” The Iowa division of workers’ compensation will request from the Iowa courts that a pro hac vice number be issued and will provide that number to the out-of-state attorney for registration with WCES. The affiliated in-state attorney shall file in WCES the application to appear pro hac vice completed by the out-of-state attorney using a pleading that is substantially similar to Iowa Court Rule 31.25—Form 1.       This rule is intended to implement the provisions of Iowa Code section 17A.12.

    ITEM 24.    Amend rule 876—4.12(86) as follows:

876—4.12(86) Service on parties.  Any document or paper not delivered underrules 876—4.6(85,86,17A) and 876—4.7(86,17A) which is to be filed, or whichand seeks relief from or action of or against another party, or which makes argument, or which has any significant effect on any contested case, shall be served on each party of record underrule 876—4.13(86).       This rule is intended to implement Iowa Code sections 17A.12 and 86.18.

    ITEM 25.    Amend rule 876—4.13(86) as follows:

876—4.13(86) Method of service.  Except as provided inrules 876—4.6(85,86,17A) and 876—4.7(86,17A), service of all documents and papers to be served according to 876—4.12(86) and 876—4.18(85,86,17A)this chapter or otherwise upon a party represented by an attorney shall be made upon the attorney unless service upon the party is ordered by the workers’ compensation commissioneror deputy workers’ compensation commissioner. Service upon the attorney or party shall be made using WCES once a party or party’s attorney has registered in WCES for the claim being contested. If a party has been allowed to not file withgranted a waiver of the mandatory use of WCES or if a party or attorney has not appeared in WCES, service upon the attorney or party shall be made by delivery of a copy or mailing a copy to the last-known address of the attorney or party or, if no address is known, by filing a copy with the division of workers’ compensation. Delivery of a copy within this rule means: Handinghanding it to the attorney or party; leaving it at the office of the attorney or party’s office or with the person in charge of the office; or if there is no one in charge of the office, leaving it in a conspicuous place in the office; or if the office is closed or the person to be served has no office, leaving it at the person’s dwelling house, or usual place of abode with some person of suitable age and discretion who is residing at the dwelling or abode. Service by mail under this rule is complete upon mailing. Documents that are served on a party for discovery and medical evidence underrules 876—4.14(86) and 876—4.18(17A,85,86) areshall not to be filed with the division of workers’ compensation. No documents or papers referred to in this rule shall be served by the workers’ compensation commissioner.       This rule is intended to implement Iowa Code sections 17A.12 and 86.18.

    ITEM 26.    Amend rule 876—4.14(86) as follows:

876—4.14(86) Filing of documents and papers.  All documents and papers required to be served on a party under rule 876—4.12(86) shall be filed with the workers’ compensation commissioner either before service or within a reasonable time thereafter. However, unless otherwise ordered by the workers’ compensation commissioner or deputy workers’ compensation commissioner, noNo deposition, notice of deposition, notice of service of interrogatories, interrogatories, request for production of documents, request for admissionrequests for discovery, notice of responses to requests for discovery,and notice of medical records and reports required to be served byrule 876—4.17(86), and answers and responses thereto shall be filed with or accepted for filing by the workers’ compensation commissionerin WCES unlessordered by the workers’ compensation commissioner or a deputy workers’ compensation commissioner, or its use becomes otherwise necessary in the action, in which case it shall be attached to therelevant motion or response tothe motion requiring its use, or unless offered as evidence at hearing of the contested case.       This rule is intended to implement Iowa Code section 86.18.

    ITEM 27.    Amend rule 876—4.15(86) as follows:

876—4.15(86) Proof of service.  Proof of service of all documents and papers to be served on another party underrule 876—4.12(86) shall be filed with the division of workers’ compensation promptly and, in any event, before action is to be taken thereon by the workers’ compensation commissioneror a deputy workers’ compensation commissioner or any party unless a responsive pleading has been filed. Proof shall be made by filing the document in WCES when another party is registered in WCES for that claim. If a party or a party’s attorney or representative is not in WCES for the claim being contested, the proof shall show the date and manner of service and may be by written acknowledgment of service, by certification of a member of the bar of this state, by affidavit of the person who served the papers, or by any other proof satisfactory to the workers’ compensation commissioner.       This rule is intended to implement Iowa Code section 86.18.

    ITEM 28.    Rescind and reserve rule 876—4.16(86).

    ITEM 29.    Amend rule 876—4.17(17A,85,86) as follows:

876—4.17(17A,85,86) Service of records and reports.  Each party to a contested case shall serve all records received pursuant to a patient’s waiver (Form 14-0043—authorization for release of information regarding claimants seeking workers’ compensation benefits) and medical records and reports concerning the injured worker in the possession of the party upon each opposing party not later than 20 days following filing of an answer or, if not then in possession of a party, within 10 days of receipt. Medical records and reports are records of medical practitioners and institutions concerning the injured worker. Medical practitioners and institutions are medical doctors, osteopaths,include physicians and surgeons, osteopathic physicians and surgeons, chiropractors, dentists, nurses, podiatrists, psychiatrists, psychologists, counselors, hospitals, clinics, persons engaged in physical or vocational rehabilitation or evaluation for rehabilitation, all other practitioners of the healing arts or sciences, and all other institutions in which the healing arts or sciences are practiced. Each party shall serve a notice accompanying the records and reports identifying the records and reports served by the name of the practitioner or institution or other source and date of the records and reports and, if served later than 20 days following filing of the answer, stating the date when the records and reports were received by the party serving them. Pursuant torule 876—4.14(86), the notice and records and reports shall not be filed with the workers’ compensation commissioner. A party failing to comply with the provisions of this rule shall, if the failure is prejudicial to an opposing party, be subject to the provisions ofrule 876—4.36(86). This rule does not require a party to serve any record or report that was previously served by another party in a contested case proceeding.For hearings on or after July 1, 2004, complianceCompliance with this rule does notautomatically permit a record or report to be received into evidence if the record or report was not served prior to an applicable deadline established by rule or order for completing discovery or service of exhibits.       This rule is intended to implement Iowa Code sections 86.8 and 86.18.

    ITEM 30.    Amend rule 876—4.19(86) as follows:

876—4.19(86) Prehearing procedure.      4.19(1)   Prehearing procedure in contested cases shall be administered in accordance with these rules and the orders issued by the workers’ compensation commissioner or a deputy workers’ compensation commissioner.    4.19(2)   Counsel of record and pro se litigantsThe parties have a duty to exercise reasonable diligence to bring the contested case to hearing at the earliest reasonable opportunity.    4.19(3)   For contested cases that were filed on or after July 1, 2004, theThe following time limits govern prehearing procedure, completion of discovery and case management in contested cases, except proceedings under rules 876—4.46(17A,85,86) and 876—4.48(17A,85,86) and except when otherwise ordered by the workers’ compensation commissioner or a deputy workers’ compensation commissioner.    a.    Within 120 days following filing of a petition, the counsel of record for all parties and all pro se litigantsself-represented parties shall request a hearing by using WCES when this function is available to the public in WCES. In a case for which permission has been granted to be excused from using WCESa request for waiver of the mandatory use of WCES has been granted, counsel of record for all parties and all pro se litigantsself-represented parties shall jointly contact the hearing administrator by telephone at (515)725-3891 between the hours of 8:30 a.m. and 11 a.m. central time, Monday through Friday, excluding holidays, or by email at dwc.hearing@iwd.state.ia.us to schedule a hearing date, place and time. Claimant has primary responsibility for initiating the contact. The parties shall identify the case by file number and the names of the parties and request that the hearing be set at a specific date, place and time that is shown to be available on the hearing scheduler published on the division’s website. Primary and backup times must be requested for hearings in venues other than Des Moines. When the contact is made by email, a copy of the request shall be sent to each opposing party, and the hearing administrator will reply indicating whether or not the case is assigned at the time requested. If a request is denied, the parties shall continue to contact the hearing administrator by telephone or email until the case is scheduled or a prehearing conference is ordered. A joint scheduling contact may be initiated by any party at any other time agreeable to the parties. If more than 120 days have elapsed since the petition was filed, any party may move to schedule the hearing at a particular date, time and place that is available and the hearing administrator may assign the case for hearing at any date, time and place. The hearing date shall be within 12 months following the date the petition was filed or as soon thereafter as reasonably practicable as determined by the hearing administrator. If the parties fail to schedule the hearing with the hearing administratorwithin nine months of the filing of the original notice and petition, the case will be scheduled at the discretion of the hearing administrator without prior notice to the parties.    b.    A party who intends to introduce evidence from an expert witness, including a rebuttal expert witness, shall certify to all other parties the expert’s name, subject matter of expertise, qualifications, and a summary of the expert’s opinions within the following time period: (1) claimant—120 days before hearing; (2) employer/second injury fund of Iowa—90 days before hearing; (3) rebuttal—60 days before hearing. Certification is not required to introduce evidence from an examining physician pursuant to Iowa Code section 85.39, a treating physician, or a vocational consultant if the expert witness is known by all parties to have personally provided services to the claimant and the witness’s reports are served on opposing parties prior to the date when certification is required. The parties may alter these times by written agreement.    c.    Discovery responses must be supplemented as required in Iowa Rules of Civil Procedure 1.503(4) and 1.508(3). Discovery responses shall be supplemented within 20 days after a party requests supplementation. All discovery responses, depositions, and reports from independent medical examinations shall be completed and served on opposing counsel and pro se litigantsself-represented parties at least 30 days before hearing. The parties may alter these times by written agreement.    d.    At least 30 days before hearing, counsel of record and pro se litigantsself-represented parties shall serve a witness and an exhibit list on all opposing counsel and pro se litigantsself-represented parties and exchange all intended exhibits that were not previously required to be served. The witness list shall name all persons, except the claimant, who will be called to testify at the hearing or who will be deposed prior to the hearing in lieu of testifying at the hearing. The witness and exhibit lists are not filed in WCES. If the exhibit list does not contain actual exhibits, the exhibit list must specifically identify each exhibit in a way that permits the opposing party to recognize the exhibit. The description for a document should include the document’s date, number of pages and author or source. Exhibits that were specifically identified when served pursuant to rule 876—4.17(17A,85,86) or in a discovery response may be collectively identified by describing the service such as “exhibits described in the notices served pursuant to rule 876—4.17(17A,85,86) on May 7, June 11 and July 9, 2004.” Blanket references such as “all medical records,” “personnel file” or “records produced during discovery” do not specifically identify an exhibit. A party may serve a copy of the actual intended exhibits in lieu of an exhibit list. At least 14 days before hearing, counsel of record and pro se litigantsself-represented parties shall fileall proposed exhibits in WCES, or, if the counsel of record and pro se litigants are excused from using WCES,if a party has been granted a waiver of the mandatory use of WCES, the party shall file the proposed exhibits with the division of workers’ compensation. CounselAt least seven days before the hearing, counsel of record and pro se litigantsself-represented parties shall file all written objections and motions to exclude evidence at least seven days before the hearingwith the division of workers’ compensation and serve a copy on all other parties. Objections to exhibits are waived if they are not filed at least seven days before the hearing. Evidentiary depositions pursuant to Iowa Code section 86.18(2) may be taken at any time before the hearing in lieu of the witness testifying at the hearing.    e.    If evidence is offered at hearing that was not disclosed in the time and manner required by these rules,or as altered by order of the workers’ compensation commissioner or a deputy workers’ compensation commissioner or by a written agreement by the parties, the evidence will be excluded if the objecting party shows that receipt of the evidence would be unfairly prejudicial. Sanctions may be imposed pursuant torule 876—4.36(86) in addition to or in lieu of exclusion if exclusion is not an effective remedy for the prejudice. If a party offers an exhibit or document in paper form which is accepted by the workers’ compensation commissioner or a deputy workers’ compensation commissioner, the party shall have five working days to submit an electronic copy of the document by using WCES.    f.    At least 14 days before the hearing, counsel of record and pro se litigantsself-represented parties shall prepare and file a joint hearing report that defines the claims, defenses, and issues that are to be submitted to the deputyworkers’ compensation commissioner who presides at the hearing. The hearing report shall be filed in Microsoft Word formatportable document format (pdf) or as an image-on-text document (searchable pdf) as a proposed hearing report. After the hearing report is finalized at the hearing, the deputy commissioner or a party shall save and file the completed hearing report as a pdf or scanned document in WCES. The hearing report shall be signed by all counsel of record and pro se litigants and submitted to the deputyself-represented parties. The approved hearing report order shall be signed by the deputy workers’ compensation commissioner and filed in WCES.    g.    If a filerparty is unable to meet a nonjurisdictional filing deadline because of a technical failure in WCES, the filerparty must file the document using the earliest available electronic or nonelectronic means. The filing of the document will be accepted by the division of workers’ compensation as timely unless theworkers’ compensation commissioner ora deputyworkers’ compensation commissioner determines that the untimely filing of the document should not be excusedotherwise.    h.    Jurisdictional deadlines, including but not limited to any applicable statute of limitations, cannot be extended. It is the filer’seach party’s responsibility to ensure that a document is filed timely to comply with jurisdictional deadlines. A technical failure, including a failure of WCES, will not excuse a failure to comply with a jurisdictional deadline.    i.    A filerparty is not excused from missing a jurisdictional or nonjurisdictional filing deadline because of problems attributable to the filer (such as telephone line problems, problems with the filer’s Internet service provider, hardware problems, software problems, etc.)party.       This rule is intended to implement Iowa Code chapter 86.

    ITEM 31.    Amend rule 876—4.20(86) as follows:

876—4.20(86) Prehearing conference.  A deputyworkers’ compensation commissioner or the workers’ compensation commissioner may order parties in the case to either appear before theworkers’ compensation commissioner or a deputyworkers’ compensation commissioner for a conference, or communicate with the commissioner or the commissioner’s designeea deputy commissioner and with each other in any manner as may be prescribed to consider, so far as applicable to the particular case:
  1. The necessity or desirability of amending pleadings by formal amendment or prehearing order;
  2. Agreeing to admissions of facts, documents or records not really controverted, to avoid unnecessary proof;
  3. Limiting the number of witnesses;
  4. Settling any facts of which theworkers’ compensation commissioner ora deputyworkers’ compensation commissioner is to be asked to take official notice;
  5. Stating and simplifying the factual and legal issues to be determined;
  6. Specifying the items and amounts of compensation claimed;
  7. Specifying all proposed exhibits and proof thereof;
  8. Consolidation, separation for hearing, and determination of points of lawof cases and bifurcation of issues;
  9. Specifying all witnesses expected to testify;
  10. Possibility of settlement;
  11. Filing of advance briefs, if any;
  12. Setting or altering dates for completion of discovery or completion of medical evidence by each party;
  13. Any other matter which may facilitate, expedite, or simplify any contested case.
       This rule is intended to implement Iowa Code sections 86.17 and 86.18.

    ITEM 32.    Amend rule 876—4.21(86) as follows:

876—4.21(86) Prehearing conference record.  At the request of any attorney in the case, or at the discretion of a deputyworkers’ compensation commissioner or the workers’ compensation commissioner, the entire prehearing conference or any designated part thereof shall be recorded and the cost of the reporter shall be assessed to the requesting party, or, if directed by theworkers’ compensation commissioner or deputyworkers’ compensation commissioner, assessed as costs.       This rule is intended to implement Iowa Code sections 86.17 and 86.18.

    ITEM 33.    Amend rule 876—4.22(86) as follows:

876—4.22(86) Orders.  TheA deputyworkers’ compensation commissioner orthe workers’ compensation commissioner may enter an order reciting any action taken at thea prehearing conference or pursuant to any other procedures prescribed which will control the subsequent course of action relative to matters which it includes, unless modified to prevent manifest injustice.       This rule is intended to implement Iowa Code sections 86.17 and 86.18.

    ITEM 34.    Amend rule 876—4.23(86) as follows:

876—4.23(86) Assignment for hearing.  Contested cases shall be set for hearing within the discretion of the workers’ compensation commissioner as soon as practicable after the parties have had adequate opportunity to prepare for hearing. A party may request in writing that no hearing in a contested case be held until such time as specified matters have been accomplished or specified events have occurred. Continuances of hearings in contested cases shall be granted only by the workers’ compensation commissioner or the commissioner’s designeea deputy workers’ compensation commissioner. Continuances are governed by Iowa Rules of Civil Procedure 1.910-1.912. Requests for continuance shall also state in detail the reasons for the request and whether the opposing party accedes to the request.DefendantsThe parties shall promptly notify the workers’ compensation commissioner of settlements.       This rule is intended to implement Iowa Code sections 86.8 and 86.18.

    ITEM 35.    Amend rule 876—4.24(17A,86) as follows:

876—4.24(17A,86) Rehearing.  Any party may file an application for rehearing of a proposed decision in any contested case by a deputyworkers’ compensation commissioner or a decision in any contested case by the workers’ compensation commissioner within 20 days after the issuance of the decisionin WCES. If a party has been allowed to file not using WCES or a party to the claim is not in WCES, a copy of such application shall be timely mailed by the applicant to all parties of record not joining therein.granted a waiver of the mandatory use of WCES, the party shall file the application for rehearing with the division of workers’ compensation and serve a copy on the other parties. An application for rehearing shall be deemed denied unless the deputyworkers’ compensation commissioner or workers’ compensation commissioner rendering the decision grants the application within 20 days after its filing. For purposes of this rule, motions or requests for reconsideration or new trial or retrial or any reexamination of any decision, ruling, or order shall be treated the same as an application for rehearing.       This rule is intended to implement Iowa Code chapters 17A, 85, 85A, 85B and 86.

    ITEM 36.    Amend rule 876—4.25(17A,86) as follows:

876—4.25(17A,86) Appeal when rehearing requested.  An appeal to or review on motion of the workers’ compensation commissioner must be filed within 20 days after the application for rehearing of a proposed decision by a deputy workers’ compensation commissioner underrule 876—4.24(17A,86) has been denied or deemed denied or a decision on rehearing has been issued. If a notice of appeal is filed by one party and an application for rehearing is filed by a different party, the deputyworkers’ compensation commissioner retains jurisdiction to act on the application for rehearing, and the notice of appeal is stayed and deemed to have been filed on the day after the application for rehearing is denied or deemed denied or the decision on rehearing is issued.       This rule is intended to implement Iowa Code sections 17A.15, 17A.16 and 86.24.

    ITEM 37.    Amend rule 876—4.27(17A,86) as follows:

876—4.27(17A,86) Appeal.  Except as provided inrules 876—4.2(86) and 876—4.25(17A,86), an appeal to theworkers’ compensation commissioner from a decision, order or ruling of a deputyworkers’ compensation commissioner in contested case proceedings shall be commenced within 20 days of the filing of the decision, order or ruling by filing a notice of appeal with the workers’ compensation commissionerin WCES. If a party has been granted a waiver of the mandatory use of WCES, the party shall file the notice of appeal with the division of workers’ compensation and serve a copy on the other parties. If two or more contested cases were consolidated for hearing, athe notice of appeal in one of the cases is an appeal of all the casesshall specify the case number of each case the party wishes to include in the appeal. The date the notice of appeal is filed shall be the date the notice of appeal is received by the agency. Miller v. Civil Constructors, 373 N.W.2d 115 (Iowa 1985). The notice shall be served on the opposing parties as provided inrule 876—4.13(86). An appeal shall be heard in Polk County or in any location designated by the workers’ compensation commissioner.An interlocutory decision, order or ruling can be appealed only as hereinafter provided. A decision, order or ruling is interlocutory if, when issued, it does not dispose of all issues in the contested case that are ripe for adjudication. If the sole issue remaining for determination is claimant’s entitlement to additional compensation for unreasonable denial or delay of payment pursuant to Iowa Code section 86.13, the decision is not interlocutory. An adjudication that awards ongoing payments of weekly compensation under Iowa Code section 85.33 or 85.34(1) is not interlocutory. The workers’ compensation commissioner may, upon application from any party or on theworkers’ compensation commissioner’s own motion, and upon such terms as theworkers’ compensation commissioner orders, grant an appeal from an interlocutory decision, order or ruling if theworkers’ compensation commissioner finds that the ruling affects substantial rights, that the ruling will materially affect the final decision and that determination of the correctness of the ruling will better serve the interests of justice.A cross-appeal may be taken under this rule orrule 876—4.25(17A,86) in the same manner as an appeal within the 20 days for the taking of an appeal or within 10 days after filing of the appeal, whichever is later.       This rule is intended to implement Iowa Code sections 17A.15 and 86.24.

    ITEM 38.    Amend rule 876—4.28(17A,86) as follows:

876—4.28(17A,86) Briefing requirements on appeal.  Theworkers’ compensation commissioner shall decide an appeal upon the record submitted to the deputy workers’ compensation commissioner unless theworkers’ compensation commissioner is satisfied that there exists additional material evidence, newly discoveredmaterial evidence exists, which could not with reasonable diligence behave been discovered and produced at the hearingwith reasonable diligence. A party must file a request for taking additional evidencein WCES within 20 days after the notice of appeal was filed.If a party has been granted a waiver of the mandatory use of WCES, the party shall file the request for taking additional evidence with the division of workers’ compensation and serve a copy on the other parties. Any briefs required or allowed by this rule shall be filed promptly following service.    4.28(1) Time for serving briefs.  Appellant shall serve its brief within 50 days after the date on which notice of appeal was filed, or within 20 days after filing of the hearing transcript, whichever date is later. Appellee shall serve its brief within 20 days after service of the brief of appellant. If appellant serves a reply brief, it shall be done within 10 days after service of appellee’s brief.    4.28(2) Cross-appeals.  In the event of a cross-appeal, appellee (cross-appellant) shall serve its brief within 20 days after service of the brief of appellant. Appellant (cross-appellee) shall serve its responsive reply brief within 20 days after service of the brief of appellee. Appellee (cross-appellant) may serve a reply brief within 10 days after service of appellant’s reply brief. When more than one party appeals, the party filing the first notice of appeal will be designated the appellant and the party filing a subsequent notice of appeal will be designated the cross-appellant.    4.28(3) Multiple adverse parties.  In cases involving multiple appeals involving multiple claimants, employers, insurance carriers or the second injury fund, the workers’ compensation commissioner shall enter an order establishing a briefing schedule.    4.28(4) Form of briefs.  Respective briefs and exceptions on appeal shall include the following:    a.    Statement of the case.    b.    Statement of the issues on appeal.    c.    An argument corresponding to the separately stated issues and contentions of appellant with respect to the issues presented and reasons for them, with specific reference to the page or pages of the transcript which are material to the issues on appeal.    d.    A short conclusion stating the precise relief sought.The appellee may submit a brief on appeal replying to the issues presented by the appellant, unless a cross-appeal is made in which case the brief of appellee shall contain the issues and argument involved in the cross-appeal as well as the response to the brief of appellant.    4.28(5) Length of briefs.  See rule 876—4.45(17A,86).    4.28(6) Extensions.  One extension of up to 30 days will be granted if a motion to extend the time is served on or before the date service of the brief is required by this rule. A subsequent extension requires a motion showing good cause. The commissioner may grant a party the right to serve and file a brief after the time to do so has expired if the appeal or cross-appeal has not been dismissed or decided, the party moves for relief within 60 days from the date service of the brief was due, and the motion shows that the failure to timely serve the brief was due to a good cause that could not have been avoided through the exercise of reasonable diligence.    4.28(7) Issues considered on appeal.  The appeal will consider the issues presented for review by the appellant and cross-appellant in their briefs and any issues necessarily incident to or dependent upon the issues that are expressly raised, except as provided inrule 876—4.29(86,17A). An issue will not be considered on appeal if the issue could have been, but was not, presented to the deputyworkers’ compensation commissioner. An issue raised on appeal is decided de novo and the scope of the issue is viewed broadly. If the ruling from which the appeal was taken made a choice between alternative findings of fact, conclusions of law, theories of recovery or defenses and the alternative selected in the ruling is challenged as an issue on appeal, de novo review includes reconsideration of all alternatives that were available to the deputy.    4.28(8) Sanctions.  If an appellant’s brief or cross-appellant’s brief is not served and filed within the time required by this rule, including any extension, the party defending against the appeal or cross-appeal may move for dismissal. If an appellant’s brief or cross-appellant’s brief is not served within 30 days after the time required by these rules, including any extension, the workers’ compensation commissioner will notify the party in default that upon 15 days from service of the notification the appeal or cross-appeal will be dismissed for want of prosecution unless the default is remedied within that period. If the default is not remedied, the appeal or cross-appeal will be dismissed. If an appellee’s brief or cross-appellee’s brief is not served and filed, the appeal will be decided without reference to that brief.       This rule is intended to implement Iowa Code section 86.24.

    ITEM 39.    Amend rule 876—4.29(86,17A) as follows:

876—4.29(86,17A) Review upon motion.  Except as provided inrule 876—4.25(17A,86), theworkers’ compensation commissioner may review the decision, order or ruling of a deputyworkers’ compensation commissioner in any contested case upon theworkers’ compensation commissioner’s own motion. Except as provided inrule 876—4.25(17A,86), the motion to review a decision, order or ruling in all contested cases must be filed within 20 days of the filing of the decision, order or ruling. Theworkers’ compensation commissioner shall specify in a notice filed in WCES or mailed to the parties by certified mail, return receipt requested, on the date of filing of the motion the issues to be reviewed and the additional evidence, if any, to be obtained by the parties. The hearing under this rule shall be heard in Polk County or in any locality designated by the workers’ compensation commissioner.       This rule is intended to implement Iowa Code sections 17A.15 and 86.24.

    ITEM 40.    Amend rule 876—4.30(86,17A) as follows:

876—4.30(86,17A) Transcript on appeal or review.  When an appeal to or review on motion of theworkers’ compensation commissioner is taken pursuant torule 876—4.27(17A,86) or 876—4.29(86,17A), a transcript of the proceedings before the workers’ compensation commissioner shall be filed with the workers’ compensation commissioner within 30 days after the notice of the appeal is filed with the workers’ compensation commissioner. The appealing party shall bear the initial cost of transcription on appeal and shall pay the certified shorthand reporter or service for the transcript. In the event there is a cross-appeal, the appellant and cross-appellant shall share the cost of the transcript. In the event the cost of the transcript has been initially borne by a nonappealing party prior to appeal, the nonappealing party is entitled to reimbursement within 30 days after serving on the appealing party proof of the cost of the transcript. If not so reimbursed, the appeal may be dismissed.       This rule is intended to implement Iowa Code sections 17A.12, 17A.15, 86.19, 86.24 and 86.40.

    ITEM 41.    Amend rule 876—4.32(86,17A) as follows:

876—4.32(86,17A) Recording of proceedings.  The workers’ compensation commissioner may arrange for the attendance of a certified shorthand reporter or mechanical means to record proceedings in contested cases. The workers’ compensation commissioner may require the defendant employer or on appeal to theworkers’ compensation commissioner, the appellant, to arrange for the attendance of a certified shorthand reporter or adequate mechanical means of recording the proceedings. The charges for attendance shall be paid initially to the certified shorthand reporter or service by the employer or on an appeal to theworkers’ compensation commissioner, the appellant. The charges shall be taxed as costs. The party initially paying the expense shall be reimbursed by the party taxed with the cost. If the expense is unpaid, it shall be paid by the party taxed with the cost.       This rule is intended to implement Iowa Code section 86.19.

    ITEM 42.    Amend rule 876—4.33(86) as follows:

876—4.33(86) Costs.  Costs taxed by the workers’ compensation commissioner or a deputyworkers’ compensation commissioner shall be (1) attendance of a certified shorthand reporter or presence of mechanical means at hearings and evidential depositions, (2) transcription costs when appropriate, (3) costs of service of the original notice and subpoenas, (4) witness fees and expenses as provided by Iowa Code sections 622.69 and 622.72, (5) the costs of doctors’ and practitioners’ deposition testimony, provided that said costs do not exceed the amounts provided by Iowa Code sections 622.69 and 622.72, (6) the reasonable costs of obtaining no more than two doctors’ or practitioners’ reports, (7) filing fees when appropriate, including convenience fees incurred by using the WCES payment gateway, and (8) costs of persons reviewing health service disputes. Costs of service of notice and subpoenas shall be paid initially to the serving person or agency by the party utilizing the service. Expenses and fees of witnesses or of obtaining doctors’ or practitioners’ reports initially shall be paid to the witnesses, doctors or practitioners by the party on whose behalf the witness is called or by whom the report is requested. Witness fees shall be paid in accordance with Iowa Code section 622.74. Proof of payment of any cost shall be filed with the workers’ compensation commissioner before costs are taxed. The party initially paying the expense shall be reimbursed by the party taxed with the cost. If the expense is unpaid, it shall be paid by the party taxed with the cost. Costs are to be assessed at the discretion of the deputyworkers’ compensation commissioner or workers’ compensation commissioner hearing the case unless otherwise required by the Iowa Rules of Civil Procedure governing discovery.       This rule is intended to implement Iowa Code section 86.40.

    ITEM 43.    Amend rule 876—4.35(86) as follows:

876—4.35(86) Rules of civil procedure.  The rules of civil procedure shall govern the contested case proceedings before the workers’ compensation commissioner unless the provisions are in conflict with these rules and Iowa Code chapters 85, 85A, 85B, 86, 87 and 17A, or obviously inapplicable to the workers’ compensation commissioner. In those circumstances, these rules or the appropriate Iowa Code section shall govern. Where appropriate, reference to the word “court” shall be deemed reference to the “workers’ compensation commissioner” and reference to the word “trial” shall be deemed reference to “contested case hearing.”       This rule is intended to implement Iowa Code sections 17A.1, 17A.12, 17A.13, 17A.14, and 86.8.

    ITEM 44.    Amend rule 876—4.36(86) as follows:

876—4.36(86) Compliance with order or rules.  If any party to a contested case or an attorney representing such party shall fail to comply with these rules or any order of a deputyworkers’ compensation commissioner or the workers’ compensation commissioner, the deputyworkers’ compensation commissioner or workers’ compensation commissioner may impose sanctions which may include dismissing the action without prejudice, excluding or limiting evidence, assessing costs or expenses, and closing the record in whole or in part to further activity by the party.       This rule is intended to implement Iowa Code section 86.8.

    ITEM 45.    Amend rule 876—4.38(17A) as follows:

876—4.38(17A) Recusal.      4.38(1)   The workers’ compensation commissioner, a chief deputy workers’ compensation commissioner or a deputy workers’ compensation commissioner shall withdraw from participation in the making of any proposed or final decision in a contested case if that person:    a.    Has a personal bias or prejudice concerning a party or a representative of a party;    b.    Has personally investigated, prosecuted or advocated in connection with that case the specific controversy underlying that case, another pending factually related contested case, or a pending factually related controversy that may culminate in a contested case involving the same parties;    c.    Is subject to the authority, direction or discretion of any person who has personally investigated, prosecuted or advocated in connection with that contested case, the specific controversy underlying that contested case, or a pending factually related contested case or controversy involving the same parties;    d.    Has acted as counsel to any person who is a private party to that proceeding within the past two years;    e.    Has a personal financial interest in the outcome of the case or any other significant personal interest that could be substantially affected by the outcome of the case;    f.    Has a spouse or relative within the third degree of relationship that (1) is a party to the case, or an officer, director or trustee of a party; (2) is a lawyer in the case; (3) is known to have an interest that could be substantially affected by the outcome of the case; or (4) is likely to be a material witness in the case;    g.    Has even the appearance of impropriety; or    h.    Has any other legally sufficient cause to withdraw from participation in the decision making in that case.    4.38(2)   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 agency functions, including fact gathering for purposes other than investigation of the matter which culminates in a contested case. Factual information relevant to the merits of a contested case received by a person who later serves as presiding officer in that case shall be disclosed if required by Iowa Code section 17A.17 and rule 876—4.38(17A).    4.38(3)   In a situation where the workers’ compensation commissioner, chief deputy workers’ compensation commissioner or deputy workers’ compensation commissioner knows of information which might reasonably be deemed to be a basis for recusal 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.    4.38(4)   If a party asserts disqualification on any appropriate ground, including those listed in subrule 4.38(1), the party shall file a motion supported by an affidavit pursuant to Iowa Code section 17A.17(7). 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 recusal but must establish the grounds by the introduction of evidence into the record.If the workers’ compensation commissioner, chief deputy workers’ compensation commissioner or deputy workers’ compensation commissioner determines that recusal is appropriate, that person shall withdraw. If that person determines that withdrawal is not required, that person shall enter an order to that effect.       This rule is intended to implement Iowa Code section 17A.17.

    ITEM 46.    Amend rule 876—4.39(17A,86) as follows:

876—4.39(17A,86) Filing by facsimile transmission (fax).  When permission has been granted to be excused from usingIf a party has been granted a waiver of the mandatory use of WCES, all documents filed with the agencydivision of workers’ compensation pursuant to this chapter and Iowa Code section 86.24 except an original notice and petition requesting a contested case proceeding (see Iowa Code section 17A.12(9)) may be filed by facsimile transmission (fax). A copy shall be filed for each case involved. A document filed by fax is presumed to be an accurate reproduction of the original. If a document filed by fax is illegible, a legible copy may be substituted and the date of filing shall be the date the illegible copy was received. The date of filing by fax is the date the document is received by the agencydivision of workers’ compensation. The agencydivision of workers’ compensation will not provide a mailed file-stamped copy of documents filed by fax. The agency fax numberfor the division of workers’ compensation is (515)281-6501.       This rule is intended to implement Iowa Code chapters 17A, 85, 85A, 85B and 86.

    ITEM 47.    Amend rule 876—4.45(17A,86) as follows:

876—4.45(17A,86) Length of briefs.  Except by permission of the presiding deputy workers’ compensation commissioner or by permission of the workers’ compensation commissioner when an appeal pursuant to rule 876—4.27(17A,86) has been filed, principal briefs shall not exceed 50 Arabic-numbered pages. Reply briefs shall not exceed 25 Arabic-numbered pages. Permission may be granted ex parte. In the event of a cross-appeal, appellant’s (cross-appellee’s) responsive reply brief shall be considered a principal brief. The type used shall not be smaller than pica type, and each line shall contain an average of no more than 60 characters. If a brief is submitted in excess of the length allowed in this rule, the portion exceeding the allowable length will not be considered. This rule does not prohibit a presiding deputy workers’ compensation commissioner or the workers’ compensation commissioner from limiting the length of a brief. An exception to this rule is the length of briefs (three pages) in an application for alternate care. See subrule 4.48(11).       This rule is intended to implement Iowa Code sections 17A.12, 17A.15, 86.8, 86.18 and 86.24.

    ITEM 48.    Amend subrule 4.46(3) as follows:    4.46(3)   The evidence submitted in the contested case proceeding shall be limited to the evidence submitted pursuant to rule 876—10.3(17A,85,86) and a copy of the determination made pursuant to rule 876—10.3(17A,85,86). This evidence shall be filed by the party requesting the contested case proceeding at the time the contested case proceeding is initiated. However, the workers’ compensation commissioner may request that additional evidence be submitted or may grant submission of additional evidence if theworkers’ compensation commissioner is satisfied that there exists additional material evidence, newly discovered, which could not with reasonable diligence be discovered and produced pursuant to rule 876—10.3(17A,85,86). The issues of the contested case proceeding shall be limited to the dispute considered in rule 876—10.3(17A,85,86).

    ITEM 49.    Rescind subrule 4.48(1).

    ITEM 50.    Renumber subrules 4.48(2) to 4.48(8) as 4.48(1) to 4.48(7).

    ITEM 51.    Amend renumbered subrule 4.48(2), definition of “Employer,” as follows:        "Employer" means the personor entity who is liable for payment of medical services provided pursuant to the Iowa workers’ compensation laws and includes an employer, an employer who has been relieved from insurance pursuant to Iowa Code section 87.11, and an insurance carrier which provides an employerwith workers’ compensation insurance.

    ITEM 52.    Amend renumbered subrule 4.48(7) as follows:    4.48(7) Notice of hearing.  The workers’ compensation commissioner will notify the parties by ordinary mail, by facsimile transmission (fax) or by WCES of the time, place and nature ofthe hearing. No notice will be made until a proper application is received by the workers’ compensation commissioner. The notice will specify whether the hearing will be by telephone, in person or by other digital means.

    ITEM 53.    Adopt the following new subrule 4.48(8):    4.48(8) Appearance or answer.  After being served with an application for alternate care, the employer shall file an appearance of answer as soon as practicable before the time of the hearing.

    ITEM 54.    Amend subrule 4.48(12) as follows:    4.48(12) Hearing.  The hearing will be held by telephone, in person or by other digital means in Des Moines, Iowa. The employer shall have the right to request an in-person hearing if the employee has requested a telephone hearing in the application. The employer shall on the record respond to the allegations contained in the application. The hearing will be electronically recorded. If there is an appeal of a proposed decision or judicial review of final agency action, the appealing party is responsible for filing a transcript of the hearing. Copies of the recording will be provided to the partiesupon notice of appeal. A transcript shall be provided by the appealing party pursuant to Iowa Code section 86.24(4) and a copy thereof shall be served on the opposing party at the time the transcript is filed with the workers’ compensation commissioner unless the parties submit an agreed-upon transcript. If a party disputes the accuracy of any transcript prepared by the opposing party, that party shall submit its contentions to the workers’ compensation commissioner for resolution. Any transcription charges incurred by the workers’ compensation commissioner in resolving the dispute shall be initially paid pursuant to Iowa Code section 86.19(1) by the party who disputes the accuracy of the transcript prepared by the appellant.

    ITEM 55.    Amend subrule 4.48(13) as follows:    4.48(13) Represented party.  A party may be represented as provided in Iowa Code section 631.14. The presiding deputyworkers’ compensation commissioner may permit a party who is a natural person to be assisted during a hearing by any person who does so without cost to that party if the assistance promotes full and fair disclosure of the facts or otherwise enhances the conduct of the hearing. The employer and its insurance carrier shall be treated as one party unless their interests appear to be in conflict, and a representative of either the employer or its insurance carrier shall be deemed to be a representative of both unless notice to the contrary is given.

    ITEM 56.    Amend subrule 4.50(3) as follows:    4.50(3) Application for vocational training and education.      a.    An application shall:    (1)   Only concern the issue of vocational training, education, and supplies;     (2)   Be filed on the form provided by the division of workers’ compensation;    (3)   State the reasons for the application;    (4)   Be served on the other party;     (5)   Contain a proof of service on the other party; and    (6)   Specify whether a telephone or in-person hearing is requested.    b.    An application for vocational training and education must be filed in WCES unless permission has been granted to file paper documentsa party has been granted a waiver of the mandatory use of WCES, in which case the party shall file the application for vocational training and education with the division of workers’ compensation. Applicant(s) must serve a copy of this form on the appellee(s) by certified mail, return receipt requested, or by personal service as in civil actions in accordance with rule 876—4.7(86,17A) and mail a copy to the attorney of record for the appellee(s), if known, in accordance with rule 876—4.13(86).

    ITEM 57.    Amend rule 876—4.51(86) as follows:

876—4.51(86) Agency notice of judicial review matters.  A party who petitions for judicial review is responsible for filing with the division of workers’ compensation’s WCESshall file a copy of the petition for judicial reviewin WCES within ten days of filing the petition with a district court.If a party has been granted a waiver of the mandatory use of WCES, the party shall file a copy of the petition for judicial review with the division of workers’ compensation within ten days of filing the petition with a district court. A party shall also file a copy of each appellate court decisionin WCES within ten days of the date the appellate court decision was issued and filed.If a party has been granted a waiver of the mandatory use of WCES, the party shall file a copy of the appellate court decision with the division of workers’ compensation within ten days of the date the appellate court decision was issued and filed. Within 45 days of the filing of the final appellate court decision, the same party shall notify the division of workers’ compensation of the result of the appellantappellate process.       This rule is intended to implement Iowa Code chapters 17A, 85, 85A, 85B and 86.

    ITEM 58.    Amend rule 876—4.52(86) as follows:

876—4.52(86) Rules of electronic procedure.  Chapter 16 of the Iowa Court Rules of Electronic Procedure shall govern the use and filings in WCES for contested case proceedings before the workers’ compensation commissioner unless the provisions are in conflict with these rules andor Iowa Code chapters 85, 85A, 85B, 86, 87 and 17A or obviously inapplicable to the workers’ compensation commissioner. In those circumstances, these rules or the appropriate Iowa Code section shall govern. Where appropriate, reference to the word “court” shall be deemed reference to the “workers’ compensation commissioner or deputy workers’ compensation commissioner,” reference to the word “trial” shall be deemed reference to “contested case hearing,” and reference to “clerk of court” shall be deemed reference to staff at the division of workers’ compensation.       This rule is intended to implement Iowa Code chapters 17A, 85, 85A, 85B and 86.

    ITEM 59.    Amend subrule 6.2(6) as follows:    6.2(6)   A detailed statement of claimant’s need or other reason for a lump sum of money must be attached to the application. The analysis shall include disclosure of any attorney feeand case expense amount to be paid from the full commutation. A commutation of less than ten weeks’ benefits is presumed to be not in the best interest of the claimant.If all parties are represented by an attorney, the parties may waive the statement of need, unless the case involves a dependent who is a minor.

    ITEM 60.    Adopt the following new subrules 6.2(9) and 6.2(10):    6 6.2 2(9)   If all parties are represented by an attorney, a commutation of benefits is presumed to be in the best interests of the claimant.    6 6.2 2(10)   If all parties are represented by an attorney, the parties may stipulate to the definitely determined period of compensation.

    ITEM 61.    Amend subrule 6.3(2) as follows:    6.3(2) Discount.  When an original notice and petition for commutation of remaining future weekly benefits, either full or partial, is filed, the remaining future weekly benefits may be commuted to present dollar value. If the remaining future weekly benefits are converted to a present dollar value, the present dollar value shall be determined as provided in this subrule. A discount will be used to convert the value of remaining future weekly benefits to present dollar value. The discount will be based on a compound interest rate calculated pursuant to Iowa Code section 668.13(3) and in effect on the date informal agreement between the parties is reached for commutation and the number of weeks of remaining future benefits. The interest rate used to determine the discount shall be specified on the original notice and petition for commutation filed for approval by theworkers’ compensation commissioner.

    ITEM 62.    Amend rule 876—8.1(85) as follows:

876—8.1(85) Transportation expense.  Transportation expense as provided in Iowa Code sections 85.27 and 85.39 shall include but not be limited to the following:
  1. The cost of public transportation if tendered by the employer or insurance carrier.
  2. All mileage incident to the use of a private auto. The per-mile rate for use of a private auto from August 1, 2005, through June 30, 2006, shall be 40.5 cents. For annual periods beginning July 1, 2006, and thereafter, theThe per-mile rate shall be the rate allowed by the Internal Revenue Service for the business standard mileage rate in effect on July 1 of each year.
  3. Meals and lodging if reasonably incident to the examination.
  4. Taxi fares or other forms of local transportation if incident to the use of public transportation.
  5. Ambulance service or other special means of transportation if deemed necessary by competent medical evidence or by agreement of the parties.
Transportation expenseexpenses in the form of reimbursement for mileage which is incurred in the course of treatment or an examination, except under Iowa Code section 85.39, shall be payable at such time as 50 miles or more have accumulated or upon completion of medical care, whichever occurs first. Reimbursement for mileage incurred under Iowa Code section 85.39 shall be paid within a reasonable time after the examination.The workers’ compensation commissioner or a deputyworkers’ compensation commissioner may order transportation expenseexpenses to be paid in advance of an examination or treatment. The parties may agree to the advance payment of transportation expenseexpenses.       This rule is intended to implement Iowa Code sections 85.27 and 85.39.

    ITEM 63.    Amend rule 876—8.7(86) as follows:

876—8.7(86) Short paper.  Allpaper filings before the workers’ compensation commissioner shall be on white paper measuring 8½ inches by 11 inches.       This rule is intended to implement Iowa Code section 86.18.

    ITEM 64.    Renumber rules 876—8.9(85,86) to 876—8.11(85) as 876—8.10(85,86) to 876—8.12(85).

    ITEM 65.    Adopt the following new rule 876—8.9(85):

876—8.9(85) Rate determination.  When determining the rate of weekly compensation benefits for a contested case proceeding, the parties to the case shall use the ratebook in effect on the date of the claimant’s injury published by the division of workers’ compensation at www.iowaworkcomp.gov/ratebook.       This rule is intended to implement Iowa Code chapter 85.

    ITEM 66.    Amend rule 876—9.12(17A,22,85-87) as follows:

876—9.12(17A,22,85-87) Availability of records.      9.12(1)   General. Agency records are open for public inspection and copying unless otherwise provided by rule or law.    9.12(2)   The record of declaratory rulings, declarartorydeclaratory orders, contested case proceedings, decisions, orders, rulings, settlements, and opinions are open for public inspection and copying.    9.12(3)   Records obtained from the division of vocational rehabilitation are open records.    9.12(4)   Confidential records. The following records may be withheld from public inspection. Records are listed by category, according to the legal basis for withholding them from public inspection.    a.    Sealed bids received prior to the time set for public opening of bids pursuant to Iowa Code section 72.3.    b.    Tax records made available to the agency pursuant to Iowa Code sections 422.20, 422.72.    c.    Records which are exempt from disclosure under Iowa Code section 22.7.    d.    Minutes and tape recordings of closed meetings of a government body pursuant to Iowa Code section 21.5(4).    e.    Those portions of agency staff manuals, instructions, or other statements issued which set forth criteria or guidelines to be used by agency staff in auditing, in making inspections, in settling commercial disputes or negotiating commercial arrangements, or in the selection or handling of cases, such as operational tactics or allowable tolerances or criteria for the defense, prosecution or settlement of cases, when disclosure of these statements would:    (1)   Enable law violators to avoid detection;    (2)   Facilitate disregard of requirements imposed by law; or    (3)   Give a clearly improper advantage to persons who are in an adverse position to the agency.    f.    Records which constitute the work product of the workers’ compensation commissioner,a deputyworkers’ compensation commissioner, an agency attorney, oran employee of the agency,; attorney-client communications,; or which are otherwise privileged. Attorney work product is confidential under Iowa Code sections 22.7(4), 622.10, and 622.11,; Iowa R. Civ. P. 122(c),; Fed. R. Civ. P. 26(b)(3),; and case law. Attorney-client communications are confidential under Iowa Code sections 622.10 and 622.11, the rules of evidence, the Code of Professional Responsibility, and case law.    g.    Personnel records maintained by the agency of past and present employees which may contain confidential information under Iowa Code section 22.7(11).    h.    Any other records made confidential by law.    9.12(5)   Authority to release confidential records. The agency may have discretion to disclose some confidential records which are exempt from disclosure under Iowa Code section 22.7 or other law. Any person may request permission to inspect records withheld from inspection under a statute which authorizes limited or discretionary disclosure as provided in rule 876—9.4(17A,22,85-87). If the agency initially determines that it will release such records, the agency may, where appropriate, notify interested parties and withhold the records from inspection as provided in subrule 9.4(3).

    ITEM 67.    Amend rule 876—11.6(85,86) as follows:

876—11.6(85,86) Mandatory reporting deadline.  All reporters must sign a partnering agreement and begin reporting by EDI Release 3.1 no later than July 16, 2019, or when WCES is available to the public, whichever is later. Reporting by any means other than EDI Release 3.1 after July 16, 2019, will not be acceptable, unless WCES is not available to the public. Reporters are responsible for reporting by EDI3.1. A reporter may contract with another entity for reporting, but the reporter is ultimately responsible for reporting. AnyEach reporter or entity reporting on behalf of a reporter must also sign an EDI partnering agreement.
ARC 6713CHuman Services Department[441]Adopted and Filed

Rule making related to refugee services program

    The Human Services Department hereby amends Chapter 61, “Refugee Services Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 217.6.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 217.6.Purpose and Summary    Chapter 61 was reviewed as part of the Department’s five-year rules review. The Department manages and coordinates the refugee program activities within the state. This chapter is updated to be in compliance with the Code of Federal Regulations Title 45: Public Welfare, Parts 400 [Refugee Resettlement Program] and 401 [Cuban/Haitian Entrant Program].    This rule making updates the definition of “refugee” to match the definition in federal regulations. References to the United States Immigration and Naturalization Service are revised to reflect the current name of the agency, which is the United States Citizenship and Immigration Service. References to the bureau name for the United States Department of State’s Bureau of Refugee Programs are also updated to Bureau of Population, Refugees, and Migration to reflect the current name.    Services that are specifically designed to assist refugees with obtaining employment and improving the employability of work skills of the individual are revised to match federal regulations and clarify services that are available. The time frame in which services may be provided to newly arriving refugees is increased to five years after arrival in the United States to reflect the Department’s current process.    Requirements regarding refugee sponsors, adverse actions regarding sponsor applications and administrative review of denial of sponsorship applications are removed because this process no longer exists. This rule making clarifies that the Director of the Office of Refugee Resettlement is the individual who determines the number of unaccompanied minors to be resettled in Iowa pursuant to federal regulations. The process regarding providing interpreters and translators for legal proceedings is also removed to reflect current practices. The court systems have a process in place to obtain an interpreter or translator when requested for legal proceedings, as described in Iowa Code chapter 622A. Information relating to a pilot program regarding recredentialing services is removed because the pilot project ended in September 2003, and references to the Iowa Refugee Services Foundation are removed because it is not currently active.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 7, 2022, as ARC 6512C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Council on Human Services on November 10, 2022.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 1, 2023.    The following rule-making actions are adopted:

    ITEM 1.    Amend 441—Chapter 61, preamble, as follows:    PreambleThe department of human servicessets the strategic vision for, manages and coordinates refugee program activities in the state of Iowa. In this capacity, the department develops, implements, and oversees activities which reflect refugee policy priorities of the United States Department of State and the United States Department of Health and Human Services and which address sound practices on behalf of the state of Iowa as outlined in the Iowa state refugee program plan. Serving in the role ofThe Iowa state refugee program coordinator, the director coordinates with resettlement agency administrators active in the resettlement of refugees within the state of Iowa. Although the department manages many activities and programs in the administration of the state of Iowa’s refugee program, the central focus is to promote as expeditiously as possible economic self-sufficiency and social self-reliance for refugees.These rules define and structure the department’s refugee services program. Eligibility criteria, application procedures, reasons for adverse actions, and appeal procedures for clients and sponsors are outlined.

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

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

    ITEM 4.    Amend rule 441—61.1(217), definitions of “Refugee” and “Resettlement agency,” as follows:        "Refugee" means any person who:
  1. Is outside any country of the person’s nationality or, in the case of a person having no nationality, is outside any country in which the person last habitually resided; and
  2. Is unable or unwilling to return to that country and unable or unwilling to avail himself or herself of the protection of that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, as defined under the Immigration and Nationality Act, Title I, Section 101.
In special circumstances, the President of the United States may specify any person who is within the country of such person’s nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing, and who is persecuted or who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion as a refugee.The term “refugee” does not include any person who ordered, incited, assisted or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group or political opinion.
        "Resettlement agency" means any business, organization or group of related persons having a current contract with the U.S.United States Department of State’s Bureau for Refugee Programsof Population, Refugees, and Migration for the resettlement of refugees within the United States of America.

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

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

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

441—61.3(217) Eligibility for refugee services.  Refugees eligible for services under this chapter include people who have one of the following statuses, as issued by the United StatesCitizenship and Immigration and Naturalization Service:    61.3(1)   A person granted asylum under the Immigration and Nationality Act, Title II, Chapter 1, Section 208. Asylees are people who travel to the United States on their own and apply for and receive a grant of asylum.    61.3(2)   A person admitted to the United States as a refugee under the Immigration and Nationality Act, Title II, Chapter 1, Section 207.    61.3(3)   A person granted humanitarian parole as a refugee or asylee under the Immigration and Nationality Act, Title II, Chapter 2, Section 212. The United States Attorney General may, in the Attorney General’s discretion, parole into the United States temporarily, under such conditions as the Attorney General may prescribe on a case-by-case basis, for urgent humanitarian reasons or significant public benefit, any alien applying for admission to the United States.    61.3(4)   A Cuban or Haitian entrant in accordance with requirements in 45 CFR Part 401, as amended to March 22, 2000June 7, 2022. Cuban and Haitian entrants include:    a.    Any person granted parole status as a “Cuban/Haitian Entrant (Status Pending)” or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the person’s status at the time assistance or services are provided; and    b.    Any other national of Cuba or Haiti who meets both of the following conditions:    (1)   The person either:
  1. Was paroled into the United States and has not acquired any other status under the Immigration and Nationality Act; or
  2. Is the subject of exclusion or deportation proceedings under the Immigration and Nationality Act; or
  3. Has an application for asylum pending with theUnited States Citizenship and Immigration and Naturalization Service.
    (2)   A final, nonappealable, and legally enforceable order of deportation or exclusion has not been entered with respect to the person.
    61.3(5)   A child born in Vietnam between January 1, 1962, and January 1, 1976, of an American citizen father and a Vietnamese mother, together with the child’s immediate relatives, who are admitted to the United States as immigrants pursuant to Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Acts, 1988, as contained in Section 101(e) of Public Law 100-202 and amended by the ninth proviso under Migration and Refugee Assistance in Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Acts, 1989 (Public Law 100-461).    61.3(6)   A person admitted to the United States for permanent residence, provided the person previously held one of the statuses identified in subrules 61.3(1) through 61.3(5).    61.3(7)   An alien immigrant who is a victim of a severe form of trafficking in persons, as certified by the United States Department of Health and Human Services pursuant to Section 107(b) of the Trafficking Victims Protection Act of 2000, as contained in Public Law 106-386, Division A, 114 Stat. 1464 (2000). “Severe forms of trafficking in persons” means:    a.    Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion or in which the person induced to perform the act has not attained 18 years of age; or    b.    The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    ITEM 25.    Rescind and reserve rule 441—61.18(217).    [Filed 11/10/22, effective 2/1/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
ARC 6714CHuman Services Department[441]Adopted and Filed

Rule making related to five-year rules review

    The Human Services Department hereby amends Chapter 85, “Services in Psychiatric Institutions,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 249A.4.Purpose and Summary    Chapter 85 was reviewed as part of the Department’s five-year rules review. As part of this review, federal code references and cross-references to other Department chapters are updated. Obsolete form names are removed from the rules. The locations of the state mental health institutes are updated.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 21, 2022, as ARC 6529C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Council on Human Services on November 10, 2022.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 1, 2023.    The following rule-making actions are adopted:

    ITEM 1.    Amend subparagraph 85.1(1)"a" as follows:    (5)   Is under the jurisdiction of the division of behavioral, developmental, and protective services for families, adults, and children of the department.

    ITEM 2.    Amend rule 441—85.2(249A) as follows:

441—85.2(249A) Out-of-state placement.  Placement in an out-of-state psychiatric hospital for acute care requires prior approval by the bureau of managed care and clinical services and shall be approved only if special services are not available in Iowa facilities as determined by the division of behavioral, developmental, and protective services for families, adults, and children.

    ITEM 3.    Amend subrule 85.3(3) as follows:    85.3(3) Certification of need for care.  For persons eligible for Medicaid prior to admission, an independent team shall certify that ambulatory care resources available in the community do not meet the treatment needs of the recipient, that proper treatment of the recipient’s psychiatric condition requires services on an inpatient basis under the direction of a physician, and that the services can reasonably be expected to improve the recipient’s condition or prevent further regression so that the services will no longer be needed. Team members are independent when they are not employees of or consultants to the facility. Form 470-2780, Certification of Need for Inpatient Psychiatric Services, may be used to document these criteria.    a.    For persons eligible for Medicaid prior to admission, this preadmission certification shall be performed within 45 days prior to the proposed date for admission to the facility by an independent team that includes a physician who has competence in diagnosis and treatment of mental illness, preferably in child psychiatry, and who has knowledge of the person’s situation. If a social worker is a part of the team, the social worker may be from the county office of the department of human services.The evaluation shall be submitted to the facility on or prior to the date of the patient’s admission.    b.    When a person makes application for Medicaid subsequent to admission or has an application in process at the time of admission, a certification by the team responsible for the plan of care shall be provided within 14 days after admission and shall cover any period prior to application for which claims are to be made.    c.    For emergency admissions, a certification shall be provided by the team responsible for the plan of care within 14 days after admission.

    ITEM 4.    Amend subrule 85.3(4) as follows:    85.3(4) Financial eligibility for persons under the age of 21.  To be eligible for payments for the cost of care provided by a psychiatric facility, persons under the age of 21 must be eligible under one of the coverage groups listed in rule 441—75.1(249A)441—Chapter 75.

    ITEM 5.    Amend rule 441—85.4(249A) as follows:

441—85.4(249A) Eligibility of persons aged 65 and over.  To be eligible for payment for the cost of care provided by an institution for mental disease, persons must be aged 65 or over and be eligible under one of the coverage groups listed in rule 441—75.1(249A)441—Chapter 75.

    ITEM 6.    Amend subrule 85.5(1) as follows:    85.5(1) Before July 2005.  For months before July 2005, the resident shall be liable to pay client participation toward the cost of care on a monthly basis. The state will pay the balance of the cost of care for the month. The facility shall make arrangements directly with the resident for payment of client participation. Client participation is determined according to rule 441—75.16(249A)441—Chapter 75.

    ITEM 7.    Amend paragraph 85.6(2)"a" as follows:    a.    A Case Activity Report, Form 470-0042, shall be submitted to the department whenever a Medicaid applicant or recipient enters the facility, changes level of care, is hospitalized in a general hospital, leaves for visitation, or is discharged from the facility.

    ITEM 8.    Amend paragraph 85.7(1)"b" as follows:    b.    Allowable costs are those defined as allowable in 42 CFR, Subpart A, Sections 413.5 and 413.9, as amended to December 2, 1996June 15, 2022, and 42 CFR 447.250 as amended to September 23, 1992June 15, 2022. Only those costs are considered in calculating the Medicaid inpatient reimbursement.

    ITEM 9.    Amend subrule 85.8(1) as follows:    85.8(1) Facility.  Acute care in a psychiatric hospital is covered for persons aged 21 through 64 only at the state mental health institutes at Cherokee, Clarinda,and Independence, and Mount Pleasant.

    ITEM 10.    Amend subrule 85.8(2) as follows:    85.8(2) Basis of eligibility.  To be eligible for payment for the cost of care provided by one of the covered facilities, a person aged 21 through 64 must be either:eligible for one of the coverage groups listed in 441—Chapter 75.    a.    Eligible for one of the coverage groups listed in 441—75.1(249A); or    b.    Eligible under the IowaCare program pursuant to 441—Chapter 92.

    ITEM 11.    Amend subrule 85.8(4) as follows:    85.8(4) Extent of eligibility.  a.    While on inpatient status, a person eligible under a coverage group listed in 441—75.1(249A) is entitled to the full scope of Medicaid benefits.    b.    While on inpatient status, a person eligible under the IowaCare program is entitled to the services listed at 441—92.8(249A,81GA,ch167).

    ITEM 12.    Amend subrule 85.22(3) as follows:    85.22(3) Certification for need for care.  For persons eligible for Medicaid prior to admission, an independent team shall certify that ambulatory care resources available in the community do not meet the treatment needs of the recipient, that proper treatment of the recipient’s psychiatric condition requires services on an inpatient basis under the direction of a physician, and that the services can reasonably be expected to improve the recipient’s condition or prevent further regression so that the services will no longer be needed. Team members are independent when they are not employees of or consultants to the facility. Form 470-2780, Certification of Need for Inpatient Psychiatric Services, may be used to document these criteria.    a.    For persons determined eligible for Medicaid prior to admission, this preadmission certification shall be performed within 45 days prior to the proposed date for admission to the facility by an independent team that includes a physician who has competence in diagnosis and treatment of mental illness, preferably in child psychiatry, and who has knowledge of the person’s situation. If a social worker is a part of the team, the social worker may be from the county office of the department of human services.The evaluation shall be submitted to the facility on or prior to the date of the patient’s admission.    b.    When a person makes application for Medicaid subsequent to admission or has an application in process at the time of admission, a certification by the team responsible for the plan of care shall be provided within 14 days after admission and shall cover any period prior to application for which claims are to be made.    c.    For emergency admissions, a certification shall be provided by the team responsible for the plan of care within 14 days after admission.

    ITEM 13.    Amend subrule 85.22(4) as follows:    85.22(4) Financial eligibility for persons under the age of 21.  To be eligible for payments for the cost of care provided by psychiatric medical institutions, persons under the age of 21 shall be eligible under one of the coverage groups listed in rule 441—75.1(249A)441—Chapter 75, except medically needy.

    ITEM 14.    Amend rule 441—85.23(249A) as follows:

441—85.23(249A) Client participation.  The resident’s client participation and medical payments from a third party shall be paid toward the total cost of care on a monthly basis. The state will pay the balance of the cost of care for the month. The facility shall make arrangements directly with the resident for payment of client participation. Client participation is determined according to rule 441—75.16(249A)441—Chapter 75.

    ITEM 15.    Amend paragraph 85.24(2)"a" as follows:    a.    A Case Activity Report, Form 470-0042, shall be submitted to the department whenever a Medicaid applicant or recipient enters the facility, changes level of care, is hospitalized, leaves for visitation, or is discharged from the facility.

    ITEM 16.    Amend paragraph 85.25(1)"a" as follows:    a.    Rates for new facilities are based on historical costs submitted on Form 470-0664, Financial and Statistical Report for Purchase of Service Contracts, if the institution is established and has the historical data. If the institution is newly established, the rate shall be based on a proposed budget submitted on Form 470-0664. A Form 470-0664 with actual cost data shall be submitted after at least six months of participation in the program for a new rate adjustment.

    ITEM 17.    Amend rule 441—85.43(249A) as follows:

441—85.43(249A) Eligibility of persons aged 65 and over.  To be eligible for payment for the cost of care provided by nursing facilities for persons with mental illness, persons must be aged 65 or over and be eligible under one of the coverage groups listed in rule 441—75.1(249A)441—Chapter 75, except for medically needy.

    ITEM 18.    Amend rule 441—85.47(249A), implementation sentence, as follows:       This rule is intended to implement Iowa Code Supplement section 249A.30A.    [Filed 11/10/22, effective 2/1/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
ARC 6715CHuman Services Department[441]Adopted and Filed

Rule making related to foster parent training

    The Human Services Department hereby amends Chapter 117, “Foster Parent Training,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 237.3.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 237.3.Purpose and Summary    The rules in Chapter 117 were reviewed as part of the Department’s five-year rules review. This rule making reduces the minimum number of persons required to be in a group for preservice foster parent training. Each foster parent is required to complete preservice training before licensure. Before a foster parent is licensed, the individual must complete a variety of agency-approved training courses that teach foster parents how to support a child’s overall well-being and emotional needs.    This rule making allows in-service training to be provided either face-to-face or through interactive virtual training when provided to a group or an individual foster family. This rule making requires foster parents to be certified in first aid every two years instead of every three years as previously required. The requirement to complete the course “Caring for Children with HIV” or an approved alternative course that contains information on the unique aspects of pediatric HIV disease, transmission and infection control, the spectrum of HIV disease, confidentiality, death and bereavement, and self-care for the caregiver is rescinded because communicable diseases are covered by other trainings. This rule making also adds a requirement that the Department’s recruitment and retention contractor be notified if a foster parent elects not to receive a training stipend.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 21, 2022, as ARC 6536C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Council on Human Services on November 10, 2022.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 1, 2023.    The following rule-making actions are adopted:

    ITEM 1.    Amend paragraph 117.1(2)"d" as follows:    d.    Group method.The program shall be provided in groups that consist of sixthree or more persons. The training shall be offered to a foster family individually only when the foster family is unable to attend group training for reasons such as serious medical conditions, as approved by the social work administrator or designee.

    ITEM 2.    Amend subrule 117.1(4) as follows:    117.1(4) Additional preservice training.  Before licensure, each foster parent shall complete training in an agency-approved medication management course, cardiopulmonary resuscitation (CPR), first aid, the reasonable and prudent parent standard, and the mandatory reporter training on child abuse identification.Training shall also be completed that teaches foster parents how to support a child’s overall well-being and emotional needs.

    ITEM 3.    Amend rule 441—117.3(237), introductory paragraph, as follows:

441—117.3(237) Application materials for in-service training.  Applications for approval of an in-service training program shall be submitted on Form 470-2541, Foster Parent Training Application, and must be approved before the delivery of the training. Applications submitted after a training is completed shall not be approved.

    ITEM 4.    Amend subrule 117.5(3) as follows:    117.5(3) Denial.  Preservice training programs which do not meet the requirements in rules 441—117.1(237), 441—117.3(237), and 441—117.4(237) and in-service training programs which do not meet the criteria in rules 441—117.3(237), 441—117.4(237) and 441—117.7(237) shall be denied approval. The applicant may submit a revised program for approval at a later date.

    ITEM 5.    Amend rule 441—117.7(237), introductory paragraph, as follows:

441—117.7(237) Required in-service training.  At least six hours of in-service training are required to assist foster parents in confidently and effectively addressing the needs of children placed in foster care. The Foster Parent Training Plan, Form 470-3341, shall be used to address in-service training needs. The training plan shall be developed with the department or retention and recruitment contractor and the foster parent annually.

    ITEM 6.    Amend subparagraphs 117.7(2)"b" and 117.7(2)"b" as follows:    (1)   Face-to-faceor interactive virtual training to a group.    (2)   Face-to-faceor interactive virtual training to an individual foster family.

    ITEM 7.    Amend paragraph 117.7(2)"c" as follows:    c.    Credit hours.Credit hours for approved training shall be as follows:    (1)   Group training shall receive one credit hour for each face-to-faceor interactive virtual contact hour.    (2)   Written materials shall receive one credit hour for each 100 pages.    (3)   DVDs or videotapes shall receive one credit hour for each two program hours.    (4)   College courses shall receive one credit hour for each college credit hour.    (5)   Internet training classes shall receive one credit hour for each program hour. A maximum of three hours of training credit per year may be earned through the Web sitewebsitewww.fosterparents.com.

    ITEM 8.    Amend paragraph 117.7(3)"c" as follows:    c.    Documentation.Each individual foster parent shall submit Form 470-2540, Foster Parent Training Report, to the recruitment and retention contractor within 30 days after completion of each in-service training.

    ITEM 9.    Amend subrule 117.8(2) as follows:    117.8(2) First aid.  All foster parents shall be certified in first aid at least every threetwo years and shall maintain their first-aid certification and a certificate or card indicating the date of training and expiration.

    ITEM 10.    Rescind subrule 117.8(4).

    ITEM 11.    Amend subrule 117.9(1) as follows:    117.9(1) Training stipend.  Each family that is issued an initial or renewal foster family home license shall receive a $100 stipend to be used for the family’s annual in-service training. The department’s recruitment and retention contractor shall issue one stipend per license on or after the date that the license is issued. When a family with a two-year foster family home license has completed the first training cycle of six hours of in-service training, the contractor shall issue the next training stipend no earlier than the start of the second year of licensure contingent upon the foster family’s completion of the in-service training hours in the first cycle. Foster families who elect not to receive the $100 stipend shall notify the departmentand the contractor.    [Filed 11/10/22, effective 2/1/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
ARC 6716CHuman Services Department[441]Adopted and Filed

Rule making related to five-year rules review

    The Human Services Department hereby amends Chapter 133, “IV-A Emergency Assistance Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 234.6 and 235.3.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 234.6 and 235.3.Purpose and Summary    This chapter was reviewed as part of the Department’s five-year rules review. The definition of “child” is updated to match the Temporary Assistance for Needy Families (TANF) definition of “child.” The definition of “emergency assistance” is revised to remove tracking, monitoring, and outreach services from the list of possible services that may be provided in response to a IV-A emergency assistance application. Tracking, monitoring, and outreach services are removed from the list of services for which an applicant must have a need to be eligible for emergency assistance. The rule that authorized tracking, monitoring, and outreach services (441—151.33(232)) was rescinded effective May 1, 2016. The list of specified relatives a child must be living with or have lived with in the past six months is expanded to match current policy. A reference to the food assistance program is updated to the Supplemental Nutrition Assistance Program (SNAP) to reflect a change to the name of the program.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 21, 2022, as ARC 6530C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Council on Human Services on November 10, 2022.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 1, 2023.    The following rule-making actions are adopted:

    ITEM 1.    Amend rule 441—133.1(235), definitions of “Child” and “Emergency assistance,” as follows:        "Child" means a person under 18 years of age.or a person 18 or 19 years of age who meets any of the following conditions:
  1. Is in full-time attendance at an accredited school pursuing a course of study leading to a high school diploma,
  2. Is attending an instructional program leading to a high school equivalency diploma, or
  3. Has been identified by the director of special education of an area education agency as a child requiring special education as defined in Iowa Code section 256B.2(1)“a.”
A person over 18 years of age who has received a high school diploma or a high school equivalency diploma is not a child within this definition.
        "Emergency assistance" means any one or more of the following services provided in response to a IV-A emergency assistance application:
  1. Family-centered services as set forth in 441—Chapter 172.
  2. Shelter care as set forth in 441—Chapters 156 and 202, except for placements of less than 48 hours.
  3. Protective child care as set forth in 441—Chapter 170.
  4. Tracking, monitoring, and outreach as set forth in 441—Chapter 151, Division III.

    ITEM 2.    Amend subrule 133.3(3) as follows:    133.3(3) Residence.  The child is living, or within six months prior to the month in which assistance is requested has been living, with one or both parents, or a grandparent, adoptive parent, stepparent, sibling, aunt, uncle or cousin in a place of residence maintained as the child’s own homea specified relative.“Relative” includes people related by blood, marriage, or adoption. The child may be considered as meeting the requirement of living with a specified relative if the child’s home is with one of the following or with a spouse of one of the following even though the marriage is terminated by death or divorce:    a.    Father—adoptive father.    b.    Mother—adoptive mother.    c.    Grandfather—grandfather-in-law, meaning the subsequent husband of the child’s natural grandmother, i.e., stepgrandfather—adoptive grandfather.    d.    Grandmother—grandmother-in-law, meaning the subsequent wife of the child’s natural grandfather, i.e., stepgrandmother—adoptive grandmother.    e.    Great-grandfather—great-great-grandfather.    f.    Great-grandmother—great-great-grandmother.    g.    Stepfather, but not his parents.    h.    Stepmother, but not her parents.    i.    Brother—brother-of-half-blood—stepbrother—brother-in-law—adoptive brother.    j.    Sister—sister-of-half-blood—stepsister—sister-in-law—adoptive sister.    k.    Uncle—aunt, of whole or half blood.    l.    Uncle-in-law—aunt-in-law.    m.    Great uncle—great-great-uncle.    n.    Great aunt—great-great-aunt.    o.    First cousins—nephews—nieces.    p.    Second cousins, meaning the son or daughter of one’s parent’s first cousin.

    ITEM 3.    Amend subrule 133.3(4) as follows:    133.3(4) Service need.  The applicant must demonstrate a need for one or more of the emergency assistance services as follows:    a.    Family-centered services as established in 441—Chapter 172.    b.    Shelter care as established at rule 441—202.2(234).    c.    Protective child care as established at 441—subparagraph 170.2(2)“b”(3).    d.    Tracking, monitoring, and outreach as established at rule 441—151.33(232).

    ITEM 4.    Amend paragraph 133.3(6)"a" as follows:    a.    Is receiving FIP, SSI, food assistanceSupplemental Nutrition Assistance Program (SNAP) benefits, or Medicaid in the month of the application, or

    ITEM 5.    Amend rule 441—133.4(235) as follows:

441—133.4(235) Method of service provision.  Except for tracking, monitoring, and outreach services, servicesServices shall be provided through department workers or through purchase of service agreements with providers that are approved by the department as qualified to provide specified services and have a current contract with the department of human services to provide services.
    [Filed 11/10/22, effective 2/1/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
ARC 6717CHuman Services Department[441]Adopted and Filed

Rule making related to interstate compact on the placement of children

    The Human Services Department hereby amends Chapter 142, “Interstate Compact on the Placement of Children,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 232.158.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 232.158.Purpose and Summary    Chapter 142 regarding the Interstate Compact on the Placement of Children was reviewed as part of the Department’s five-year rules review. This rule making permits the Compact Administrator to appoint Deputy Compact Administrators to serve as active members of the Association of Administrators of the Interstate Compact on the Placement of Children. The name of the association is updated in subrule 142.2(1) to reflect the current name. References to what is not considered a child care agency or institution for the purposes of Article II(d) are removed since this language is duplicative of the language in Iowa Code section 232.158(2)“d.” Because the term “sending state” no longer appears in Article III(a) in Iowa Code section 232.158 but does appear in Article V(c), citations to Article III(a) are removed while a citation to Article V(c) is added in new rule 441—142.7(232). Lastly, a clarification is made that placement into Iowa from any location or from Iowa to another location may include placement into or from any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico and, with the consent of Congress, the government of Canada or any province thereof.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 7, 2022, as ARC 6509C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Council on Human Services on November 10, 2022.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 1, 2023.    The following rule-making actions are adopted:

    ITEM 1.    Amend subrule 142.2(1) as follows:    142.2(1)   The compact administrator may appoint up to three deputy compact administrators to serve as active members of the association ofadministrators of the interstate compact on the placement of children and who shall be responsible for day-to-day operation of the interstate compact.

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

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

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

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

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

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

    ITEM 6.    Amend 441—Chapter 142, implementation sentence, as follows:       These rules are intended to implement Iowa Code chapter 232, division IXsection 232.158.    [Filed 11/10/22, effective 2/1/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
ARC 6718CHuman Services Department[441]Adopted and Filed

Rule making related to five-year rules review

    The Human Services Department hereby amends Chapter 143, “Interstate Compact on Juveniles,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 232.171.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 232.171.Purpose and Summary    The rules in Chapter 143 were reviewed as a part of the Department’s five-year rules review. As a result, this rule making clarifies that the Department participates in contractual agreements with the other 49 states, the District of Columbia and the United States Virgin Islands. Guam, American Samoa, the Commonwealth of Puerto Rico and the Northern Marianas Islands are eligible to become compacting states should they decide to do so but are not currently active.    The name of the governing body of the Interstate Compact for Juveniles is updated to reflect the current name, the Interstate Commission for Juveniles. This Commission includes representatives from all 50 states, the District of Columbia and the United States Virgin Islands who work together to preserve child welfare and promote public safety.    Form names for the forms used to send a juvenile out of state under the compact are revised to reflect the current names. Also, this rule making clarifies that the Department must pay for the return to the state of Iowa of any runaway, escapee or absconder for whom the Department has legal custody or guardianship responsibility, which reflects the Department’s current practice.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 7, 2022, as ARC 6510C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Council on Human Services on November 10, 2022.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 1, 2023.    The following rule-making actions are adopted:

    ITEM 1.    Amend 441—Chapter 143, preamble, as follows:    PreambleIowa Code section 232.171 authorizes the state of Iowa to enter into the interstate compact on juveniles and incorporates into the Iowa Code the 15 basic articles and optional amendments that govern the interstate compact for all participating parties. The department implements the interstate compact on juveniles and participates in the contractual agreement with the other 49 states, the District of Columbiaor its designee,and theUnited States Virgin Islands, and Guam. The contractual agreement allows the parties to cooperate on the interstate aspects of juvenile delinquency as well as the return from one state to another of nondelinquent children who have run away from home.

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

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

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

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

    ITEM 5.    Amend subrule 143.5(6) as follows:    143.5(6)   The interstate unitdepartment shall pay for the return to Iowa of any runaway, escapee, or absconder for whom the department has, at the time the juvenile left the state, legal custody or guardianship responsibility. The interstate unit shall also pay upon request for the return of any runaway who is an Iowa resident and whose parent is unable or unwilling to pay for the juvenile’s return. The responsibility for the payment for the return of a runaway, escapee, or absconder not under custody or guardianship of the department shall be that of the juvenile court having legal jurisdiction of the juvenile.    [Filed 11/10/22, effective 2/1/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
ARC 6719CHuman Services Department[441]Adopted and Filed

Rule making related to quality improvement initiative grants

    The Human Services Department hereby amends Chapter 166, “Quality Improvement Initiative Grants,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 249A.57.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 249A.57.Purpose and Summary    This chapter was reviewed as part of the Department’s five-year rules review. Rules are updated to align with federal regulations regarding the use of civil money penalties (CMPs) imposed by the Centers for Medicare and Medicaid Services (CMS). This rule making also updates the purposes for which CMP emergency reserve fund grants, also known as quality improvement initiative grants, may be used.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 7, 2022, as ARC 6511C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Council on Human Services on November 10, 2022.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 1, 2023.    The following rule-making actions are adopted:

    ITEM 1.    Amend rule 441—166.2(249A) as follows:

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

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

441—166.3(249A) Grant eligibility.  Grants are available only for quality improvement initiatives that are outside the scope of normal operations for the nursing facility or other applicants. Grants cannot be used as replacement funding for goods or services that the applicant already offers.    166.3(1)   Grants may be awarded for:    a.    Short-term quality improvement initiatives (three years or less), and    b.    Initiatives with a longer term that involve collaborative efforts of state government and various stakeholdersSituations eligible for emergency reserve funds.    166.3(2)   The department will comply with CMS guidance on civil money penalty uses.
    [Filed 11/10/22, effective 2/1/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
ARC 6720CHuman Services Department[441]Adopted and Filed

Rule making related to the in-home health-related care program

    The Human Services Department hereby amends Chapter 177, “In-Home Health-Related Care,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 249.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 249.Purpose and Summary    This chapter was reviewed as part of the Department’s five-year rules review. Currently the In-Home Health-Related Care (IHHRC) program requires a registered nurse to provide supervision of a client’s care plan in order for the client to receive services. Over the past several years, the Department has experienced more nursing agencies opting out of providing supervision services for this program. Several counties have no nursing agencies willing to provide the supervision necessary for the program services. This results in individuals being enrolled in the program with physicians having to provide supervision, which is an unreasonable expectation, or individuals being enrolled in the program without a supervising practitioner, which requires an exception to the administrative rule. Medicaid programs providing similar services under the home- and community-based services programs do not require a supervising practitioner when the service being provided is considered unskilled or is for personal care services.    These amendments remove the requirement of nursing supervision for unskilled personal care services and maintain the requirement of nursing supervision for skilled services. These amendments also identify how the program is implemented from the application process through termination, if termination is necessary.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 21, 2022, as ARC 6531C.    The Department received one comment suggesting clarifying the expectation of the service worker to review the documentation of services if the service worker is writing the service plan. The commenter stated that it appears the service worker is only responsible for writing the plan and making updates if the service worker is made aware of a change in condition.    The Department agrees that this area should be further clarified and as a result added new subrule 177.3(3) to clarify the service worker’s responsibilities.Adoption of Rule Making    This rule making was adopted by the Council on Human Services on November 10, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 1, 2023.    The following rule-making actions are adopted:

    ITEM 1.    Amend rule 441—177.1(249) as follows:

441—177.1(249) In-home health-related care.  In-home health-related care is a program ofdesigned to provide nursing care in an individual’s own home, as defined in rule 441—177.2(249), to provide personal services to an individual because such individual’s state ofwhose physical, developmental, or mental health prevents independent self-care.

    ITEM 2.    Amend rule 441—177.2(249) as follows:

441—177.2(249) Own homeDefinitions.  Own home means an individual’s house, apartment, or other living arrangement intended for single or family residential use.        "Client participation" has the meaning assigned to it in rule 441—177.10(249).        "Nursing care" includes skilled services and personal care services.        "Own home" means an individual’s house, apartment, or other living arrangement intended for single or family residential use.        "Personal care services" includes:
  1. Services that assist a client with the activities of daily living, such as, but not limited to, helping the client with bathing, toileting, getting in and out of bed, ambulation, hair care, oral hygiene and administering medications that are physician-ordered but ordinarily self-administered.
  2. Services that help or retrain the client in necessary skills for daily living.
  3. Incidental household services that are essential to the client’s health care at home and are necessary to prevent or postpone institutionalization.
        "Skilled nursing services" are services for which an individualized assessment of a patient’s clinical condition demonstrates that the specialized judgment, knowledge, and skills of a registered nurse or, when provided by regulation, a licensed practical (vocational) nurse (“skilled care”) are necessary.        "Skilled services" include skilled nursing services or other services that, based on a physician’s certification, are required to be performed under the supervision of a physician, nurse practitioner, clinical nurse specialist, or physician assistant.        "Supervising practitioner" means a physician, nurse practitioner, clinical nurse specialist, or physician assistant qualified to supervise skilled services.

    ITEM 3.    Rescind rule 441—177.3(249) and adopt the following new rule in lieu thereof:

441—177.3(249) Service criteria.      177.3(1) Skilled services.  Skilled services must be certified by a physician as provided in rule 441—177.6(249) and must be supervised by a supervising practitioner.    177.3(2) Personal care services.  Personal care services must be certified by a physician as provided in rule 441—177.6(249). Personal care services do not require supervision by a supervising practitioner.    177.3(3) Service documentation.      a.    A service worker shall review the service documentation submitted by the client or provider, including any requests for supplementation of services.    b.    If there are concerns as a result of such a review, there will be a change in the service plan.

    ITEM 4.    Amend rule 441—177.4(249) as follows:

441—177.4(249) Eligibilityand application.      177.4(1) Eligible individualEligibility.  To be eligible for in-home health-related care:    a.    The individual shallmust be eligible for supplemental security income in every respect except for income.    b.    The physician’s certification shall include a statement of the specific health care services and that theA physician must certify in accordance with rule 441—177.6(249) that the individual requires either skilled services or personal care services and that those services can be provided in the individual’s own home. The certification shall be given on a form prescribed by the department or on a similar plan of care form presently used by public health agenciesprovided using Form 470-0673.    c.    The individual shall live in the individual’s own home.Notwithstanding the foregoing, an individual will remain eligible for a period not to exceed 15 days in any calendar month when the client is temporarily absent from the client’s home.    d.    The client shall require and be receiving qualified health care services. Qualified health care services are health care services supervised by a registered nurse and approved byindividual shall obtain a physical examination report annually and shall be under the supervision of a physician.    e.    The required skilled services or personal care services must not be available under any other state or federal program.    f.    Income for adults.The countable income of the individual and spouse living in the home shall be limited to $480.55 per month if one needs care or $961.10 if both need care, after the following disregards from gross income:    a.    (1)   The amount of the basic supplemental security income standard for an individual or a couple, as applicable.    b.    (2)   When income is earned, $65.00 plus one-half of any remaining income.    c.    (3)   The amount of the supplemental security income standard for a dependent plus any established unmet medical needs, for each dependent living in the home. Any income of the dependent shall be applied to the dependent’s needs before making this disregard.    d.    (4)   The amount of the established medical needs of the ineligible spouse which are not otherwise met.    e.    (5)   The amount of the established medical needs of the applicant or recipient which are not otherwise met and would not be met if the individual were eligible for the medical assistance program.    f.    Rescinded, effective 7/1/84.    g.    Income for children.Income for children.    a.    (1)   All income received by the parents in the home shall be deemed to the child with the following disregards:    (1)   1.   The amount of the basic supplemental security income standard for an individual when there is one parent in the home or for a couple when there are two parents in the home.    (2)   2.   The amount of the basic supplemental security income standard for a dependent for each ineligible child in the home.    (3)   3.   The amount of the unmet medical needs of the parents and ineligible dependents.    (4)   4.   When all income is earned, an additional basic supplemental security income standard for an individual in a one-parent home or for a couple in a two-parent home.    (5)   5.   When the income is both earned and unearned, $65.00 plus one-half of the remainder of the earned income.    b.    (2)   The countable income of the child shall be limited to $480.55 per month after the following disregards from gross income:    (1)   1.   The amount of the basic supplemental security income standard for an individual.    (2)   2.   The amount of the established medical needs of the child which are not otherwise met and would not be met if the child were eligible for the medical assistance program.    (3)   3.   One-third of the child support payments received from an absent parent.    c.    Rescinded, effective 7/1/84.    177.4(2) Relationship to other programs.  In-home health-related care shall be provided only when other programs cannot meet the client’s need. There shall be no duplication of services.    177.4(3) Maximum costs.  The maximum cost of service shall be $480.55. The provider shall accept the payment made and shall make no additional charges to the recipient or others.    177.4(4) Service plan.  A complete service plan shall be prepared which includes the services needed, the plan for providing these services, and the health care plan defined in rule 441—177.6(249). The service plan shall be developed following consultation between the client’s service worker and case manager to avoid all duplication of services. Consultation shall include current services provided to the client, payer sources, level of service needs, and service history.    177.4(5) Certification procedure.  The approval of the case plan by the service area manager or designee shall constitute certification and approval for payment.    177.4(6) Temporary absence from home.  The client will remain eligible and payment will be made for services for a period not to exceed 15 days in any calendar month when the client is absent from the home for a temporary period. Payment will not be authorized for over 15 days for any continuous absence whether or not the absence extends into a succeeding month or months.    177.4(9) Payment.  The client or the person legally designated to handle the client’s finances shall be the sole payee for payments made under the program and shall be responsible for making payment to the provider except when the client payee becomes incapacitated or dies while receiving service.    a.    The department shall have the authority to issue one payment to a provider on behalf of a client payee who becomes incapacitated or dies while receiving service.    b.    When continuation of an incapacitated client payee in the program is appropriate, the department shall assist the client and the client’s family to legally designate a person to handle the client’s finances. Guardians, conservators, protective or representative payees, or persons holding power of attorney are considered to be legally designated.    c.    Payment for the program shall be approved effective as of the date of application or the date all eligibility requirements are met and qualified health care services are provided, whichever is later, notwithstanding 42 U.S.C. 1382(c)(7).    177.(10) 177.4(2) Application.  Application for in-home health-related care shall be made on a form prescribed byForm 470-5170 or 470-5170(S) and submitted to the department. An eligibility determination shall be completed within 30 days from the date of the application, unless one or more of the following conditions exist:    a.    An application has been filed and is pending for federal supplemental security income benefits.    b.    The application is pending because the department has not received information, which is beyond the control of the client or the department.    c.    The application is pending due to the disability determination process performed through the department.    d.    The application is pending because the provider agreement has not been completed and completion is beyond control of the client. When the provider agreement cannot be completed due to the client’s failure to locate a provider, applications shall not be held pending beyond 60 days from the date of application.

    ITEM 5.    Amend rule 441—177.5(249) as follows:

441—177.5(249) ProvidersQualifications of providers of health care services.      177.5(1) Age.  The provider shall be at least 18 years of age.    177.5(2) Health assessment.  The provider shall obtain certificationon Form 470-0672 that the provider is physically and emotionally capable of providing assistance to another person who may have physical and emotional limitationswhose physical, developmental or mental health prevents independent self-care.    a.    The certification shall be based on an examination performed by:    (1)   aA physician; or     (2)   Anadvanced registered nurse practitioner or by a physician assistant whoif the nurse practitioner or physician assistant is working under the direction of a physician.     b.    If the provider works for an agency, the practitioner performing the examination may not be employed by the same agency.    b.    c.    The practitioner conducting the examination shall indicatesign the certification by signing the provider health assessment.    c.    d.    The certification shall be submitted to the department service worker:    (1)   Before the provider agreement is signed, and    (2)   Annually thereafter.    177.5(3) Qualifications.  The provider shall be qualified by training and experience to carry out the health care plan as specified in rule 177.4(4)subrule 177.7(1).    177.5(4) Relative.  The provider may be related to the client, so long as the provider is not a member of the family as defined in rule 441—130.1(234).

    ITEM 6.    Rescind rule 441—177.6(249) and adopt the following new rule in lieu thereof:

441—177.6(249) Physician’s certification.      177.6(1) Certification requirements.  A physician must certify on Form 470-0673:    a.    That the skilled services or personal care services are required by the person’s physical, developmental or mental health;    b.    The specific skilled services or personal care services required, the method of providing those services, and the expected duration of services; and    c.    That the required skilled services and personal care services can be delivered in the individual’s own home.    177.6(2) Certification review.  After certification and any subsequent recertification, a physician must review the certification and withdraw, renew, or amend the existing certification:    a.    No later than the 180th day after the existing certification;    b.    More frequently than the 180th day after the existing certification if required by the physician, the service worker, or a supervising practitioner; or    c.    Upon notification of initiation of Medicaid waiver services.

    ITEM 7.    Rescind rule 441—177.7(249) and adopt the following new rule in lieu thereof:

441—177.7(249A) Service worker duties.      177.7(1) Service plan.      a.    In consultation with the client’s case manager and any supervising health practitioner, the service worker shall create a complete service plan for the client. The plan must avoid duplication of services and include all of the following:    (1)   All of the services certified by a physician under rule 441—177.6(249).    (2)   Payer sources. In-home health-related care shall be provided only when other programs cannot meet the client’s need.     (3)   Level of service needs.    (4)   Service history. If the client is being transferred from a medical hospital or long-term care facility, the service worker shall also obtain a transfer document describing the client’s current care plan.    b.    In consultation with the client’s case manager and any supervising health practitioner, the service worker shall review and update the service plan on or before the ninetieth day following the creation of or previous review of the service plan. The updated service plan must comply with paragraph 177.7(1)“a.”    177.7(2) Change in condition.  If the service worker becomes aware of any changes in the individual’s condition, including discharge from a facility, that could require a change in the services provided, the service worker shall ensure that a physician reviews the existing certification and that the existing certification is either withdrawn, renewed, or amended.

    ITEM 8.    Rescind rule 441—177.8(249) and adopt the following new rule in lieu thereof:

441—177.8(249) Supervising practitioner duties.      177.8(1) Instruction.  The supervising practitioner shall provide instruction specific to each patient and the services each patient is receiving, including but not limited to instruction on documentation the worker should be creating and instruction on warning signs of which the worker should be aware.     177.8(2) Schedule for reviewing documentation.  The supervising practitioner shall set up a schedule for reviewing documentation that is specific to the services being provided to that particular patient and shall review the documentation according to the schedule.    177.8(3) Medical records.      a.    The supervising practitioner shall keep appropriate medical records, a copy of the service plan, and the physician’s certification in the supervising practitioner’s case file. In addition, the medical records shall include, whenever appropriate, transfer forms, physician’s orders, progress notes, drug administration records, treatment records, and incident reports.    b.    The supervising practitioner shall make all medical records available to the service worker, the client, and the client’s legal representative.    c.    The supervising practitioner shall ensure that, upon termination of the in-home care plan, the medical records are transferred to the county office of the department of human services or the office of the public health nurse.    d.    The department of human services or the office of the public health nurse shall retain medical records transferred to it under paragraph 177.8(3)“c” for five years or, if an audit is commenced within the five years, until completion of that audit. During the period of retention, the department of human services or the office of the public health nurse shall make the medical records available to the service worker.

    ITEM 9.    Amend rule 441—177.9(249) as follows:

441—177.9(249) Written agreements.      177.9(1) Independent contractor.  The provider shall be an independent contractor and shall in no sensenot be an agent, employee or servant of the state of Iowa, the Iowa department of human services,or any of its employees, or of its clients.    177.9(2) Liability coverage.  All professional health care providers shall have adequate liability coverage consistent with their responsibilities, assince the department of human services assumes no responsibility for, or liability for, individuals providing care.    177.9(3) Provider agreement.      a.    The client and the provider shall enter into an agreement, using the provider agreement form,using Form 470-0636 prior to the provision of service. Any reduction to the state supplemental assistance program shall be applied to the maximum amount paid by the department of human services as stated in the provider agreement by using the separate amendment to provider agreement form.    b.    Written instructions for dealing with emergency situations shall be completed by the service worker and included in the provider agreement, which shall be maintained in the client’s home and in the county department of human services office. The instructions shall include:    (1)   The name and telephone number of the client’s physician, the nurse, responsible family members or other significant persons, and the service worker;    (2)   Information as to which hospital to utilize; and    (3)   Information as to which ambulance service or other emergency transportation to utilize.

    ITEM 10.    Rescind rule 441—177.10(249) and adopt the following new rule in lieu thereof:

441—177.10(249) Payment.      177.10(1) Payment approved.  Notwithstanding 42 U.S.C. 1382(c)(7), after the service manager or designee approves the service plan, payment is effective as of the later of (1) the date of the application, or (2) the date all eligibility requirements are met and qualified health care services are provided.    177.10(2) Client participation.      a.    Except as provided in paragraph 177.10(2)“b,” all income remaining after excluding the amounts identified in paragraphs 177.4(1)“f” and “g” will be considered income available for services (“client participation”) and the in-home health-related care (IHHRC) program shall pay only the cost of eligible services that exceeds client participation up to the maximum benefit payable.    b.    When the first month of service is less than a full month, there is no client participation for that month. Payment will be made for the actual days of service provided according to the agreed-upon rate up to the maximum benefit payable.    177.10(3) Maximum benefit payable.  The maximum benefit payable for in-home health-related care services inclusive of all services for all providers is the reasonable charges for such services up to and including $480.55. The provider shall accept the maximum benefit payable and shall not charge the client or others in excess of that benefit.    177.10(4) Payment.  The client or the person legally designated to handle the client’s finances shall be the sole payee for payments made under the program and shall be responsible for making payment to the provider except when the client payee becomes incapacitated or dies while receiving service.    a.    The department shall have the authority to issue one payment to a provider on behalf of a client payee who becomes incapacitated or dies while receiving service.    b.    When continuation of an incapacitated client payee in the program is appropriate, the department shall assist the client and the client’s family to legally designate a person to handle the client’s finances. Guardians, conservators, protective or representative payees, or persons holding power of attorney are considered to be legally designated.    c.    Temporary absence from home. Payment will not be authorized for over 15 days for any continuous absence whether or not the absence extends into a succeeding month or months.    177.10(5) Reasonable charges.  Payment will be made only for reasonable charges for in-home health care services as determined by the service worker, who will determine reasonableness by:    a.    The prevailing community standards for cost of care for similar services.    b.    The availability of services at no cost to the IHHRC program.

    ITEM 11.    Amend rule 441—177.11(249) as follows:

441—177.11(249) Termination.  Termination of in-home health-related care shall occur under the following conditions:    177.11(1) Request.  Upon the request of the client or legal representative.    177.11(2) Care unnecessary.  When the client becomes sufficiently self-sustainingable to remain in the client’s own home with services that can be provided by existing community agenciesother sources as determined by the service worker.    177.11(3) Additional care necessary.  When the physical or mental condition of the client requires more care than can be provided in the client’s own home as determined by the service workerin consultation with the certifying physician.    177.11(4) Excessive costs.  When the cost of care exceeds the maximum established in 177.4(3)subrule 177.10(3).    177.11(5) Other services utilized.  When the service worker determines that other services can be utilized to better meet the client’s needs.    177.11(6) Terms of provider agreement not met.  When it has been determined by the service worker that the terms of the provider agreement have not been met by the client or the provider, the state supplementary assistance payment may be terminated.    177.11(7) Qualified health care services absent.Failing to comply with program requirements.  Qualified health care services are health care services supervised by a registered nurse and approved by a physician. When a registered nurse is not available to supervise the in-home service and health care plan, or when a physician or nurse practitioner is not available to review or approve the health care plan, the state supplementary assistance payment shall be terminated.When the recipient is not following the program requirements or cooperating with the program objectives including, but not limited to, a failure to provide information to program representatives.
    [Filed 11/10/22, effective 2/1/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
ARC 6711CInspections and Appeals Department[481]Adopted and Filed

Rule making related to health care employment agencies

    The Inspections and Appeals Department hereby adopts new Chapter 55, “Health Care Employment Agencies,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 10A.104 and 2022 Iowa Acts, House File 2521.State or Federal Law Implemented    This rule making implements, in whole or in part, 2022 Iowa Acts, House File 2521.Purpose and Summary    The adoption of Chapter 55 implements 2022 Iowa Acts, House File 2521. The legislation defines “health care employment agency” and requires a health care employment agency operating in the state to register with the Department. The legislation requires a health care employment agency to maintain liability insurance, verify and document that its agency workers meet minimum standards for their profession, and submit quarterly data regarding the average amount the agency charges and the average amount paid to agency workers. The legislation also proscribes the restriction of employment opportunities of agency workers by noncompetition clauses and provides penalties for failure to adhere to this requirement.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 5, 2022, as ARC 6571C.     The first comment, submitted on behalf of Jackson Healthcare, noted concern that the rules failed to exclude physician assistants from the definition of “direct services,” resulting in subjecting physician assistants to the same requirements as “health care employment agency workers” when similar professionals, such as advanced registered nurse practitioners and physicians, are specifically excluded. The commenter noted that the independence and scope of practice of physician assistants distinguishes them from the categories of workers providing “direct services” pursuant to 2022 Iowa Acts, House File 2521, and their exclusion would better effectuate legislative intent. The definition of “direct services” was revised to account for this concern.    The Department also received a comment from LeadingAge Iowa (LAI). LAI recommended adding “reference checks” to the requirements set forth in paragraph 55.3(1)“a.” LAI also recommended adding a requirement that a health care employment agency provide copies of documents required to be retained by subrule 55.5(1) to a health care entity for a contracted agency worker upon request. Subrule 55.5(1) was revised to adopt LAI’s recommendation with respect to providing documents to the health care entity upon request.    The Department also received a comment from Nextaff regarding the public nature of health care employment agency reporting data. Nextaff commented that House File 2521 does not expressly require public dissemination of the data reported to the Department by health care employment agencies pursuant to subrule 55.5(3), and thus the inferred legislative intent was for such data to remain confidential. Nextaff also argued that such information is proprietary and confidential, such information is not in the public interest to be disclosed, and such public disclosure is not in line with the principles of free market competition. Nextaff commented that it was otherwise supportive of the rule making. No change to the rule making was made in regard to public and confidential data.Adoption of Rule Making    This rule making was adopted by the Department on November 9, 2022.Fiscal Impact     In accordance with Iowa Code section 17A.4(4) and after analysis and review of this rule making, the Department does not anticipate expenditures requiring a fiscal impact statement. Registration fees and additional costs to the Department to implement this rule making are not anticipated to exceed the amounts set forth in Iowa Code section 17A.4(4). Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 4, 2023.    The following rule-making action is adopted:

    ITEM 1.    Adopt the following new 481—Chapter 55: CHAPTER 55HEALTH CARE EMPLOYMENT AGENCIES

481—55.1(89GA,HF2521) Definitions.  The definitions set forth in Iowa Code section 135Q.1 as enacted by 2022 Iowa Acts, House File 2521, are incorporated herein by reference. As used in this chapter, unless the context otherwise requires, the following terms apply:        "Direct services" includes services performed by registered nurses, licensed practical nurses, certified nurse aides, certified medication aides, and medication managers. “Direct services” does not include the practice of medicine and surgery or osteopathic medicine and surgery by an individual licensed under Iowa Code chapter 148 or 148C or the practice of nursing by an advanced registered nurse practitioner or an advanced practice registered nurse licensed under Iowa Code chapter 152 or 152E. For purposes of this chapter, janitorial, housekeeping, laundry, and meal preparation services are not considered direct services.        "Health care employment agency" does not include a recruitment firm that contracts with a health care entity to identify and screen potential candidates for hire and does not provide agency workers for temporary, temporary-to-hire, direct hire, or other contract or employee placements in this state. “Health care employment agency” does not include a group of physical therapists licensed under Iowa Code chapter 148A, occupational therapists licensed under Iowa Code chapter 148B, or speech pathologists or audiologists licensed under Iowa Code chapter 154F providing services to a health care entity.        "Health care entity" includes, but is not limited to, any entities licensed or certified pursuant to Iowa Code chapters 135B (hospitals), 135C (health care facilities), 135G (subacute mental health care facilities), 135H (psychiatric medical institutions for children), 135J (licensed hospice programs), 231C (assisted living programs), and 231D (adult day services) or any ambulatory surgical center, home health agency, hospice, end-stage renal disease center, rural health clinic, or federally qualified health care center certified by the Centers for Medicare and Medicaid Services.

481—55.2(89GA,HF2521) Health care employment agency registration.      55.2(1)   A health care employment agency operating in the state shall file a statement of registration and pay a registration fee in accordance with Iowa Code section 135Q.2(1) as enacted by 2022 Iowa Acts, House File 2521. A health care employment agency with multiple locations may complete one registration containing the information required in subrule 55.2(3) for each location and may remit one payment for the total registration fee required.    a.    A health care employment agency in operation prior to July 1, 2022, shall register with the department no later than January 4, 2023.    b.    A health care employment agency in operation on or after July 1, 2022, shall register with the department 30 days prior to operation.    55.2(2)   The statement of registration may be submitted electronically via an Internet-based system provided by the department for such purpose; by mail to the Department of Inspections and Appeals, Health Facilities Division, Lucas State Office Building, Third Floor, 321 E. 12th Street, Des Moines, Iowa 50319-0083; or by fax to (515)242-5022.    55.2(3)   The registrant shall include, at a minimum, the following information on the statement of registration:    a.    Name(s) of the owner(s) and managing entity(ies);    b.    Location of the health care employment agency, including street address, city, and ZIP code; and    c.    Contact information for the owner(s) and managing entity(ies), including telephone number, mailing address, and email address.    55.2(4)   The health care employment agency shall notify the department of any changes to the information on the annual statement of registration within 30 days of the date the change occurs, including cessation of operation. Changes shall be submitted in the manner described in subrule 55.2(2).    55.2(5)   The department shall issue each location a separate certification of registration upon approval of registration and payment of the fee.

481—55.3(89GA,HF2521) General requirements.  A health care employment agency shall adhere to all requirements under Iowa Code section 135Q.2(2) as enacted by 2022 Iowa Acts, House File 2521, and do all of the following:    55.3(1) Verification of employment standards.  A health care employment agency shall ensure that its agency workers comply with all applicable state and federal requirements under Iowa Code sections 135Q.2(2)“a” through “c” as enacted by 2022 Iowa Acts, House File 2521, including but not limited to the following:    a.    The health care employment agency shall ensure completion of all requirements regarding criminal, dependent adult abuse, and child abuse record checks that would otherwise be the responsibility of the health care entity if the health care entity employed the agency worker directly;    b.    The health care employment agency shall ensure completion of the physical examination and screening and testing for tuberculosis procedures that would otherwise be the responsibility of the health care entity if the health care entity employed the agency worker directly; and    c.    The health care employment agency shall ensure that an agency worker has completed all education, training, and continuing education requirements for the agency worker’s occupation and that the agency worker is in good standing with any minimum licensing or certification standards to appropriately engage in the workers’ profession.    55.3(2) Allegations of dependent adult abuse.      a.    If a health care employment agency receives an allegation of dependent adult abuse against an agency worker, the health care employment agency shall immediately notify the facility in which the alleged abuse occurred so that the facility may immediately separate the victim and alleged dependent adult abuser. The health care employment agency shall also notify the department within 24 hours or the next business day. If the health care employment agency has reason to believe that immediate protection for the dependent adult is advisable, the health care employment agency should also make an oral report to an appropriate law enforcement agency. After receiving notice of an allegation of dependent adult abuse against an agency worker and before the department’s dependent adult abuse investigation is completed and the abuse determination is made, the health care employment agency shall disclose such investigation to any prospective health care entity with which the agency worker will be placed.    b.    In addition to any other requirement under state or federal law with respect to the receipt of an allegation of dependent adult abuse, if a health care entity receives an allegation of dependent adult abuse against an agency worker, the health care employment agency shall immediately notify the health care employment agency of the allegation. This does not except the health care entity from any of its duties with respect to alleged dependent adult abuse under state or federal law.    c.    If the health care employment agency terminates the alleged dependent adult abuser as a result of the investigation or the alleged dependent adult abuser resigns, the alleged dependent adult abuser shall disclose such termination or investigation to any prospective facility or program employer.

481—55.4(89GA,HF2521) Prohibitions.      55.4(1)   A health care employment agency shall not restrict the employment opportunities of an agency worker in accordance with Iowa Code section 135Q.2(3) as enacted by 2022 Iowa Acts, House File 2521.    55.4(2)   Subrule 55.4(1) shall not apply to a contract between a health care employment agency and a health care entity or a health care employment agency worker that meets all of the following criteria:    a.    The contract is for the purpose of placing an agency worker the health care employment agency assisted in obtaining authorization to work in the United States;    b.    The contract contains an initial contract term of no less than 24 months and has a total duration, including any renewals or extensions, of no longer than 36 months; and    c.    The contract requires the agency worker to work at a single health care entity for the duration of the contract.

481—55.5(89GA,HF2521) Record retention and reporting.      55.5(1) Document retention.  A health care employment agency shall maintain documentation in its files regarding each agency worker’s compliance with the minimum licensing, certification, training, health requirements, and continuing education standards as described in subrule 55.3(1). A health care employment agency shall provide copies of this documentation to a health care entity for a contracted agency worker upon request.     55.5(2) External reporting.  A health care employment agency shall report, file, or otherwise provide any required documentation pursuant to Iowa Code section 135Q.2(2)“c” as enacted by 2022 Iowa Acts, House File 2521, including, but not limited to:    a.    For any agency workers who are certified nurse aides, the health care employment agency shall report to the direct care worker registry completed work assignments of the agency worker sufficient to maintain an active status on the registry pursuant to requirements set forth in 441—subparagraph 81.16(5)“c”(2), 441—paragraph 81.16(5)“e,” and 42 CFR 483.35(d)(6) and 483.156(c)(2).    b.    The health care employment agency shall report allegations of dependent adult abuse as set forth in subrule 55.3(3).    55.5(3) Quarterly reporting to the department.      a.    The quarterly report required by Iowa Code section 135Q.2(4) as enacted by 2022 Iowa Acts, House File 2521, shall provide the following:    (1)   A detailed list of each health care entity participating in Medicare or Medicaid with whom the agency has contracted over the prior quarter;    (2)   A detailed list of the average amount charged by the health care employment agency to the health care entity participating in Medicare or Medicaid over the prior quarter, broken down by provider type (e.g., hospital, nursing facility) and each individual agency worker category (e.g., certified nurse aide, registered nurse, licensed practical nurse) within that provider type; and    (3)   A detailed list of the average amount paid by the health care employment agency participating in Medicare or Medicaid to agency workers over the prior quarter, broken down by provider type (e.g., hospital, nursing facility) and each individual agency worker category (e.g., certified nurse aide, registered nurse, licensed practical nurse) within that provider type.    b.    The report data and submission dates shall be as follows:    (1)   The quarterly report containing data from January 1 through March 31 shall be submitted no later than April 15;    (2)   The quarterly report containing data from April 1 through June 30 shall be submitted no later than July 15;    (3)   The quarterly report containing data from July 1 through September 30 shall be submitted no later than October 15; and    (4)   The quarterly report containing data from October 1 through December 31 shall be submitted no later than January 15.

481—55.6(89GA,HF2521) Complaints.      55.6(1) Complaints.      a.    The process for filing a complaint is as follows:    (1)   Any person with a concern regarding the operation of a health care employment agency may file a complaint at the department’s physical location, complaint hotline, or website, as follows:Physical address:Department of Inspections and AppealsComplaint/Incident UnitLucas State Office Building, Third Floor321 E. 12th StreetDes Moines, Iowa 50319-0083Complaint hotline:1-877-686-0027Website address:dia.iowa.gov    (2)   When the nature of the complaint is outside the department’s authority, the department shall forward the complaint to the appropriate investigatory entity.    (3)   If other state agencies receive a complaint that relates to a health care employment agency, the agencies shall forward the complaint to the department.    b.    The department shall act on anonymous complaints unless the department determines that the complaint is intended to harass the health care employment agency or is without a reasonable basis. If the department, upon preliminary investigation, determines that the complaint is intended to harass or is without a reasonable basis, the department may dismiss the complaint.    55.6(2) Content of complaint reports.  The complaint shall include as much of the following information as possible: the complainant’s name, address, and telephone number; the complainant’s relationship to the health care employment agency; and the reason for the complaint. The complainant’s name shall be confidential information and shall not be released by the department.    55.6(3) Time frames for investigation of complaints.  Upon receipt of a complaint made in accordance with this rule, the department shall make a preliminary investigation of the complaint to determine if probable cause exists to further investigate the complaint. If probable cause exists, an investigation of the health care employment agency shall be initiated within 45 working days.    55.6(4) Standard for determining whether a complaint is substantiated.  The department shall apply a preponderance of the evidence standard in determining whether a complaint is substantiated.    55.6(5) Notification of the health care employment agency or alleged health care employment agency of results of investigation.  The department shall notify the health care employment agency or alleged health care employment agency, in writing, of the final report of the complaint investigation.    55.6(6) Notification of the complainant of results of investigation.  The complainant, if known, shall be notified of the final findings of a complaint investigation. The complainant, if known, shall also be notified if the department determines not to further investigate after the preliminary investigation and shall receive an explanation of the department’s decision.

481—55.7(89GA,HF2521) Investigations.      55.7(1) Initiation of investigations.  Investigations may be initiated because of a complaint or other information received by the department or upon referral from other agencies. If the department determines there is probable cause to believe that a health care employment agency is an unregistered health care employment agency or that a registered health care employment agency is not in compliance with state, federal, or local statutes or rules, an investigation shall be initiated.    55.7(2) Evaluation of allegations and referral to other agencies.  If an investigation is initiated, the department shall evaluate the allegations to determine whether the allegations should also be referred to other local, state, or federal agencies. If the department believes a criminal violation has occurred or is occurring, it shall notify the appropriate law enforcement entities.    55.7(3) Access to records.  An inspector of the department may enter a health care employment agency without a warrant and may examine and copy all records and items pertaining to the investigation unless the record or item is protected by some other legal privilege.

481—55.8(89GA,HF2521) Penalties.  A health care employment agency that violates Iowa Code sections 135Q.2(1) through 135Q.2(3) as enacted by 2022 Iowa Acts, House File 2521, or rule 481—55.3(89GA,HF2521) shall be subject to the associated penalties under Iowa Code section 135Q.2(5) as enacted by 2022 Iowa Acts, House File 2521.

481—55.9(89GA,HF2521) Public and confidential information.      55.9(1) Public disclosure.  The following records are open and available for inspection:    a.    Registration forms and accompanying materials;    b.    Final findings of the department’s investigations;    c.    Official notices of penalties; and    d.    Any records required to be submitted to the department by the health care employment agency pursuant to Iowa Code section 135Q.2(4) as enacted by 2022 Iowa Acts, House File 2521, and subrule 55.5(3) (quarterly reporting to the department).    55.9(2) Confidential information.  Confidential information includes the following:    a.    Information obtained by the department that does not comprise a final finding resulting from a complaint investigation. Investigation information which does not comprise a final finding may be made public in a contested case proceeding concerning the department’s final findings, including the imposition of a monetary penalty or the denial or revocation of registration.    b.    Names and identifying information of all complainants.    55.9(3) Redaction of confidential information.  If a record normally open for inspection contains confidential information, the confidential information shall be redacted prior to an agency’s providing the record for inspection.       These rules are intended to implement 2022 Iowa Acts, House File 2521.
    [Filed 11/9/22, effective 1/4/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
ARC 6681CLabor Services Division[875]Adopted and Filed

Rule making related to boiler and pressure vessel codes

    The Boiler and Pressure Vessel Board hereby amends Chapter 91, “General Requirements for All Objects,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 89.14(5).State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 89.Purpose and Summary    This rule making updates and clarifies the rules and also adopts by reference the most recent version of national consensus codes pertaining to boilers and pressure vessels. This rule making adopts CSD-1 (2021), which was adopted by the American National Standards Institute on September 21, 2021. The updates in CSD-1 are mostly editorial or clarifications. There are several minor changes to standards for specific boilers. CSD-1 (2021) is applicable to the assembly, installation, maintenance, and operation of controls and safety devices on automatically operated boilers directly fired with gas, oil, gas-oil, or electricity.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 21, 2022, as ARC 6541C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on October 26, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 875—Chapter 81.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 4, 2023.    The following rule-making actions are adopted:

    ITEM 1.    Amend subrule 91.1(6) as follows:    91.1(6) Control and safety device code adopted by reference.  Controls and Safety Devices for Automatically Fired Boilers (CSD-1) (2018)(2021) is adopted by reference, and installations after April 15, 2020December 1, 2022, shall comply with it. Reporting requirements concerning CSD-1 are set forth at rule 875—90.11(89).

    ITEM 2.    Amend subrule 91.8(1) as follows:    91.8(1) General requirements.      a.    Leaky tubes shall be replaced or plugged.     b.    Tube plugs shall be made of a material which is compatible with the material of the boiler tube being plugged and shall be welded into place or manufactured to be expanded into the tube sheet or drum.     c.    All plugged boiler tubes shall be replaced prior to the next required certificate inspection.     d.    c.    The maximum number of tubes that shallmay be plugged isshall be the lesser of the number specified by the OEM or the number specified by an engineer experienced in boiler design.     d.    Documentation of the maximum number of tubes that may be plugged as determined by the OEM or engineer shall be kept on site, and a copy shall be mailedsupplied to the division of labor servicesby either mail or email.

    ITEM 3.    Amend subrule 91.8(2) as follows:    91.8(2) Fire tube boilers.  In a fire tube boiler, a tube that is adjacent to a plugged tube shall not be plugged.    a.    A tube that is adjacent to a plugged tube shall not be plugged.    b.    All plugged boiler tubes shall be replaced prior to the next required certificate inspection.

    ITEM 4.    Amend subrule 91.8(3) as follows:    91.8(3) Water tube boilers, unfired boilers, or process steam generators.  To determine the maximum number of tubes that may be plugged in a water tube boiler, unfired boiler, or process steam generator, an engineer experienced in boiler design shall consider the operational effect on the water side pressure boundary or membrane and the effect on the combustion process throughout the boiler. Water wall tubes may not be plugged if the tubes form a separation wall between products of combustion and the outside atmosphere or a separation of the gas passes in a multiple gas pass boiler.Water wall tubes that form a separation wall between products of combustion and the outside atmosphere or a separation of the gas passes in a multiple gas pass boiler shall not be plugged.

    ITEM 5.    Amend subrule 91.10(1) as follows:    91.10(1) Clearances.      a.    This paragraph applies to objects installed after December 1, 2022. Minimum clearance on all sides of objects shall be 36 inches, or the manufacturer’s recommended service clearances if they allow sufficient room for inspection. Where a manufacturer identifies in the installation manual or other document that the unit requires more than 36 inches of service clearance, those dimensions shall be followed. Manholes shall have five feet of clearance between the manhole opening and any wall, ceiling or piping that would hinder entrance or egress from the object.    a.    b.    AllThis paragraph applies to all objects installed after December 1, 2021,and before December 1, 2022. All objects shall be installed with the clearances identified in NBIC Part 1.    b.    c.    This paragraph applies to objects installed after September 20, 2006, and before December 1, 2021. Minimum clearance on all sides of objects shall be 24 inches, or the manufacturer’s recommended service clearances if they allow sufficient room for inspection. Where a manufacturer identifies in the installation manual or other document that the unit requires more than 24 inches of service clearance, those dimensions shall be followed. Manholes shall have five feet of clearance between the manhole opening and any wall, ceiling or piping that would hinder entrance or egress from the object.    c.    d.    All objects installed prior to September 20, 2006, shall be so located that adequate space is provided for the proper operation, inspection, and necessary maintenance and repair of the object and its appurtenances.

    ITEM 6.    Amend subrule 91.10(4) as follows:    91.10(4) Carbon monoxide detector or alarm.  The owner or user shall installand maintain a carbon monoxide detector or alarm in an equipment room where one or more fuel-fired objects are locatedin accordance with the detector or alarm manufacturer’s recommendations.    a.    The carbon monoxide detector or alarm shall have a visible display showing the parts per million value of the carbon monoxide that is detected.    b.    The carbon monoxide detector or alarm shall be hardwired to the building power and shall have a battery backup with visible and audible alarms that identify when the battery backup power supply is low.    c.    The carbon monoxide detector or alarm shall be tested daily and shall be calibrated in accordance with the manufacturer’s recommendations, or every 18 months after installation of the detector. The testing and calibration shall be recorded in a log book that is readily accessible to the inspectors and owner’s staff.    d.    The carbon monoxide detector or alarm shall have visible and audible alarms capable of being heard and seen both inside and outside of the equipment room.    [Filed 10/28/22, effective 1/4/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
ARC 6682CMedicine Board[653]Adopted and Filed

Rule making related to nonaccredited resident training

    The Board of Medicine hereby amends Chapter 9, “Permanent and Administrative Medicine Physician Licensure,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 147.76.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 148.3.Purpose and Summary    In recent years, the Board has witnessed a marked increase in applications by individuals who lack two years of accredited postgraduate training but who nonetheless possess the skill to safely and effectively practice medicine. While the Board still maintains that accreditation is a significant factor in determining whether a program is suitable for the Board’s postgraduate education requirements, the Board recognizes that not all appropriate programs have the necessary accreditation for reasons unrelated to their overall quality. For example, a program may be very well established outside of the United States or Canada but lack accreditation, or the field may be so highly specialized that the program has not sought accreditation. In recent years, the Board has issued numerous waivers of its current postgraduate training provisions to account for this gap.    This rule making permits the Board more leeway in approving appropriate postgraduate training without the need for formal rule waivers. This will greatly expedite the licensure process for these applicants, many of whom are international graduates or practice in highly specialized fields where more practitioners are needed.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 29, 2022, as ARC 6378C.    The Board received three comments in support of the rule making from the following: University of Iowa (UI) Carver College of Medicine deans, UI Carver College of Medicine clinical department chairs, and the University of Iowa Hospitals and Clinics (UIHC) executive leadership team. The Board received one comment against the proposed rule making from the Iowa Academy of Family Physicians, which raised concerns about Board staff approving nonaccredited training.    Following discussion at the Board’s meeting on October 28, 2022, the Board voted to remove the language “or the board’s designee” from the rule making. This will ensure that the decision to approve nonaccredited training will still remain with the Board itself but will otherwise remove the need for individual rule waivers and simply allow the Board to approve nonaccredited training on a case-by-case basis. The term “on a case-by-case determination” was also changed to “on a case-by-case basis.”Adoption of Rule Making    This rule making was adopted by the Board on October 28, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 653—Chapter 3.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 4, 2023.    The following rule-making action is adopted:

    ITEM 1.    Amend paragraph 9.3(1)"c" as follows:    c.    Have successfully completed one year of resident training in a hospital-affiliated program approved by the board at the time the applicant was enrolled in the program. An applicant who is a graduate of an international medical school shall have successfully completed 24 months of such training.    (1)   For those required to have 12 months of training, the program shall have been 12 months of progressive training in not more than two specialties and in not more than two programs approved for resident training by the board. For those required to have 24 months of training, the program shall have been 24 continuous months of progressive training in not more than two specialties and in not more than two programs approved for resident training by the board.    (2)   Resident training approved by the board shall be accredited by an accrediting agency recognized by the board for the purpose of accrediting resident training programs.    (3)   The board approves resident training programs accredited by:
  1. ACGME;
  2. AOA;
  3. RCPSC; and
  4. CFPC.
    (4)   The board may accept resident training that is not accredited as specified in subparagraph 9.3(1)“c”(3) on a case-by-case basis. In making this determination, the board may consider any relevant factors, including but not limited to the following:
  1. The length of time the program has been in existence;
  2. The location of the program;
  3. The institution or organization that administers the program;
  4. The reason that the program is not accredited; and
  5. Whether the program is accredited or recognized by any agency other than those listed in subparagraph 9.3(1)“c”(3).
    (4)   (5)   The board shall accept each 12 months of practice as a special licensee as equivalent to one year of resident training in a hospital-affiliated program approved by the board.    (5)   (6)   The board may accept a current, active ABMS or AOA board certification obtained through an alternate pathway as equivalent to resident training in a hospital-affiliated program approved by the board. The alternate pathway must be a minimum of 24 months completed at an institution with a program approved by the board as specified in subparagraph 9.3(1)“c”(3).
    [Filed 11/1/22, effective 1/4/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
ARC 6683CMedicine Board[653]Adopted and Filed

Rule making related to retention of medical records

    The Board of Medicine hereby amends Chapter 13, “Standards of Practice and Principles of Medical Ethics,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 147.76.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 147, 148 and 272C.Purpose and Summary    Prior to this rule making, there were no requirements that physicians in Iowa have a plan in place for management of medical records in the event of a physician’s unexpected incapacitation or death. The Board receives regular inquiries from the public about how to obtain medical records from a physician who died suddenly or who absconds the physician’s practice and leaves the state. This rule making is the first step in creating a formal process for identifying third parties to assume responsibility for those records under such circumstances and ensure that patients in Iowa have continued access to their medical records.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 29, 2022, as ARC 6381C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on October 28, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 653—Chapter 3.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 4, 2023.    The following rule-making action is adopted:

    ITEM 1.    Amend subrule 13.7(8) as follows:    13.7(8) Retention of medical records.  The following paragraphs become effective on January 1, 2004.    a.    A physician shall retain all medical records, not appropriately transferred to another physician or entity, for at least seven years from the last date of service for each patient, except as otherwise required by law.    b.    A physician must retain all medical records of minor patients, not appropriately transferred to another physician or entity, for a period consistent with that established by Iowa Code section 614.8.    c.    Beginning July 1, 2023, a physician must appoint another Iowa-licensed physician, or other representative or entity that is held to the same standards of confidentiality as the physician, to ensure that all requirements of this subrule are met in the event of the physician’s death or incapacitation. Upon request by the board, the physician must be able to establish by sufficient proof the appointment of a representative pursuant to this paragraph.    c.    d.    Upon a physician’s death or retirement, the sale of a medical practice, or a physician’s departure from the physician’s medical practice:    (1)   The physician or the physician’s representative must ensure that all medical records are transferred to another physician or entity that is held to the same standards of confidentiality and agrees to act as custodian of the records.    (2)   The physicianor the physician’s representative shall notify all active patients that their records will be transferred to another physician or entity that will retain custody of their records and that, at their written request, the records will be sent to the physician or entity of the patient’s choice.    [Filed 11/1/22, effective 1/4/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
ARC 6684CMedicine Board[653]Adopted and Filed

Rule making related to abortion prerequisites

    The Board of Medicine hereby amends Chapter 13, “Standards of Practice and Principles of Medical Ethics,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 146A.1.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 146A.1.Purpose and Summary    On June 17, 2022, the Iowa Supreme Court reversed a district court decision enjoining implementation of Iowa Code section 146A.1, which provides for prerequisites for the provision of abortion procedures. This rule making implements Iowa Code section 146A.1. Specifically, this rule making clarifies the written notification requirement for physicians performing abortions.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 10, 2022, as ARC 6461C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on October 28, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 653—Chapter 3.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 4, 2023.    The following rule-making action is adopted:

    ITEM 1.    Adopt the following new rule 653—13.16(146A):

653—13.16(146A) Abortion prerequisites.      13.16(1) Written certification.  At least 24 hours prior to performing an abortion, a physician shall obtain written certification from the pregnant woman of each prerequisite as required in Iowa Code sections 146A.1(1)“a” through 146A.1(1)“d”(1). The written certification shall list each required prerequisite separately and shall include a line for date and signature of the pregnant woman. The physician shall maintain a copy of the certification as part of the pregnant woman’s medical records.     13.16(2) Exceptions.  This rule shall not apply to abortions performed in a medical emergency, as provided in Iowa Code section 146A.1(2).     13.16(3) Discipline.  Failure to comply with this rule or the requirements of Iowa Code section 146A.1 may constitute grounds for discipline.       This rule is intended to implement Iowa Code section 146A.1.
    [Filed 11/1/22, effective 1/4/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
ARC 6689CPharmacy Board[657]Adopted and Filed

Rule making related to controlled substances

    The Board of Pharmacy hereby amends Chapter 10, “Controlled Substances,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 124.201.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 124.201.Purpose and Summary    This amendment temporarily places one substance (a new U.S. Food and Drug Administration (FDA)-approved medication to treat seizures) into Schedule V of the Iowa Controlled Substances Act in response to similar action taken by the federal Drug Enforcement Administration.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 27, 2022, as ARC 6425C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on October 25, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 4, 2023.    The following rule-making action is adopted:

    ITEM 1.    Rescind subrule 10.39(5) and adopt the following new subrule in lieu thereof:    10.39(5)   Amend Iowa Code section 124.212(5) by adding the following new paragraph:    g.    Ganaxolone (3alpha-hydroxy-3beta-methyl-5alpha-pregnan-20-one).    [Filed 11/3/22, effective 1/4/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
ARC 6688CPharmacy Board[657]Adopted and Filed

Rule making related to five-year review of rules

    The Board of Pharmacy hereby amends Chapter 12, “Precursor Substances,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 124B.11(3).State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 124B.11.Purpose and Summary    This amendment is a result of an overall five-year review of rules as required by Iowa Code section 17A.7(2) and provides updated application processes and corrects a cross-reference.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 27, 2022, as ARC 6424C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on October 25, 2022.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 4, 2023.    The following rule-making action is adopted:

    ITEM 1.    Amend rule 657—12.7(124B) as follows:

657—12.7(124B) Permits.  Persons or entities in this state that purchase, transfer, or otherwise receive a precursor substance as defined in rule 657—12.1(124B) from a source outside the state shall obtain a permit from the board. No person or entity required to obtain a permit shall receive a precursor substance from a source outside the state until an application for permit is approved and the board has issued a permit certificate. Permits shall expire on the last day of the calendar year in which the permit is issued.    12.7(1) Applications.  Application forms may be obtained from and completed applications shall be submitted to the Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688. Permit renewal forms will be mailed to each current permit holder approximately 60 days before the expiration date of the permit. A permit holder who has not received a renewal form 45 days prior to expiration of a current permit is responsible for contacting the board to request an application for renewal.An applicant shall submit a completed application and nonrefundable fee pursuant to subrule 12.7(2).    a.    Application shall be made on forms provided or approved by the board. Each application shall include all requested information, unless the item is not applicable, in which case that fact shall be indicated.    b.    Each application, attachment, or other document filed as part of an application shall be signed by the applicant as follows:    (1)   If the applicant is an individual, signature shall be by that individual.    (2)   If the applicant is a partnership, signature shall be by a partner.    (3)   If the applicant is a corporation, corporate division, association, trust, or other entity, signature shall be by the chief executive officer.    12.7(2) Initial permit, renewal, and fees.  The fee for an initial permit or permit renewal shall be paid at the time that the application for the permit or permit renewal is submitted for filing. Payment shall be made in the form of a personal, business, certified, or cashier’s check or money order made payable to the Iowa Board of Pharmacywhen submitted with a written application or by acceptable debit or credit card when submitted with an online application. Payments made in the form of foreign currency or third-party endorsed checks will not be accepted.    a.    Initial and renewal fees.For each initial permit or timely renewed permit, an applicant shall pay a fee of $180.    b.    Late application.Failure to renew a permit prior to January 1 following the permit’s expiration shall require payment of the renewal fee plus a $180 late payment fee.    c.    Delinquent permit.If a permit is not renewed before its expiration date, the permit is delinquent and the permit holder may not receive a precursor substance from a source outside the state until the delinquent permit is renewed. A delinquent-permit holder that continues activities for which a permit is required may be subject to disciplinary sanctions pursuant to 657—subrule 36.1(4)rule 657—36.6(147,155A,272C).    12.7(3) Exemption from permit fee.  The requirement for permit fee is waived for federal, state, and local law enforcement agencies and analytical laboratories. Exemption from payment of permit fees as provided in this subrule does not relieve the agency or laboratory of any requirement to obtain a permit nor of any other requirements or duties prescribed by law.    12.7(4) Exemption from permit.  A permit is not required for a vendor of a drug containing ephedrine, phenylpropanolamine, or pseudoephedrine or of a cosmetic that contains a precursor substance if the drug or cosmetic is lawfully sold, transferred, or furnished either over the counter without a prescription pursuant to Iowa Code chapter 126 or with a prescription pursuant to Iowa Code chapter 155A.    12.7(5) Termination.  A permit issued to an individual shall terminate upon the death of the individual. A permit issued to an individual or business shall terminate when the individual or business ceases legal existence, discontinues business, or discontinues activities for which the permit was issued.
    [Filed 11/3/22, effective 1/4/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
ARC 6687CPharmacy Board[657]Adopted and Filed

Rule making related to records

    The Board of Pharmacy hereby amends Chapter 14, “Public Information and Inspection of Records,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 17A.7(2) and 22.3.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 22.3.Purpose and Summary    These amendments are the result of an overall five-year review as required in Iowa Code section 17A.7(2). These amendments update the manner in which records are maintained by the Board and correct Iowa Code references.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 27, 2022, as ARC 6423C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on October 25, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 4, 2023.    The following rule-making actions are adopted:

    ITEM 1.    Amend rule 657—14.1(22,124,155A), definitions of “Board” and “Custodian,” as follows:        "Board" means the Iowa board of pharmacy examiners.        "Custodian" means the executive secretary/director of the board.

    ITEM 2.    Amend rule 657—14.3(22,124,155A) as follows:

657—14.3(22,124,155A) Requests for access to records.      14.3(1) Location of record.  A request for access to a record should be directed to Executive Secretary/Director, Iowa Board of Pharmacy Examiners, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688.    14.3(2) Office hours.  Open records shall be made available during all customary office hours, which are 8 a.m. to 4:30 p.m. daily, excluding Saturdays, Sundays, and official state holidays.    14.3(3) Request for access.  Requests for access to open records shall be made in writing. Requests shall identify the particular records sought, by name or description, in order to facilitate determining the location of the record. All requests shall include the name, address, and telephone number of the person requesting the information.    14.3(4) Response to requests.      a.    Access to an open record shall be provided in a timely manner upon request. If the size or nature of the request for access to an open record requires time for processing, the custodian shall comply with the request as soon as feasible. Access to an open record may be delayed for one of the purposes authorized by Iowa Code section 22.8(4) or 22.10(4). The custodian shall promptly give notice to the requester of the reason for any delay in access to an open record and an estimate of the length of that delay and, upon request, shall promptly provide that notice to the requester in writing.    b.    The custodian of a record may deny access to the record by members of the public only on the grounds that such a denial is warranted under Iowa Code section 22.8(4) or 22.10(4), or that it is a confidential record, or that its disclosure is prohibited by a court order. Access by members of the public to a confidential record is limited by law and, therefore, may generally be provided only in accordance with the provisions of rule 657—14.4(22,124,155A) and other applicable provisions of law.    14.3(5) Security of record.  No unauthorized person may search or remove any record from board files. The custodian or a designee of the custodian shall supervise examination and copying of board records. The integrity of board records shall not be compromised during such examination or handling.    14.3(6) Copying.  A reasonable number of copies of an open record may be made in the board office.    14.3(7) Fees.      a.    Copying and postage costs.Price schedules for published materials and for photocopiescopies of records supplied by the board shall be prominently posted in the board officeprovided on the board’s website. Copies of records may be made by or for members of the public on board photocopy machines or from electronic storage systems at cost as determined by the custodian and posted inon the board officeboard’s website. When the mailing of copies of records is requested, the costs of such mailing may also be charged to the requester.    b.    Supervisory and retrieval fees.An hourly fee may be charged for board expenses in supervising the examination of and for the copying of requested records, or for the search and retrieval of such records, when the time required exceeds 15 minutes. The custodian shall prominently post in the board officeprovide on the board’s website the hourly fees to be assessed. Hourly fees shall not be in excess of the compensation rate of a board employee who ordinarily would be appropriate and suitable to perform the function.    c.    Advance payments.The custodian may require payment of assessed or estimated fees before the custodian processes a request.

    ITEM 3.    Amend rule 657—14.6(22,124,155A) as follows:

657—14.6(22,124,155A) Procedure by which additions, dissents, or objections may be entered into certain records.  Except as otherwise provided by law, a person may file a request with the custodian to review, and to have a written statement of additions, dissents, or objections entered into, a record containing personally identifiable information pertaining to that person. This does not authorize a person who is a subject of such a record to alter the original copy of that record or to expand the official record of any board proceeding. A requester shall send the request to review such a record or the written statement of additions, dissents, or objections to Executive Secretary/Director, Iowa Board of Pharmacy Examiners, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688. A request to review such a record or the written statement of additions, dissents, or objections to the record shall be dated and signed by the requester and shall include the current address and telephone number of the requester or the requester’s representative.

    ITEM 4.    Amend subrule 14.13(2) as follows:    14.13(2) Confidential records.  The following records may be withheld from public inspection. Records are listed by category, according to the legal basis for withholding them from public inspection.    a.    Tax records made available to the board (Iowa Code sections 422.20 and 422.72);    b.    All information in complaint and investigation files maintained by the board for purposes of licensee discipline, except that the information may be released to the licensee once a licensee disciplinary proceeding has been initiated by the filing of formal charges and a notice of hearing (Iowa Code section 272C.6(4));    c.    Records of controlled substances disposed of or destroyed (Iowa Code section 124.506);    d.    Criminal history or prior misconduct of an applicant for licensure (Iowa Code section 147.21(1))155A.40(3));    e.    Information relating to the contents of an examination for licensure (Iowa Code section 147.21(2));    f.    Information relating to the results of an examination for licensure, other than final score, except that information about the results of an examination may be provided to the person who took the examination (Iowa Code section 147.21(3))147.21(2));    g.    Information contained in investigative reports relating to the abuse of controlled substances (Iowa Code section 124.504);    h.    Minutes of closed meetings of the board (Iowa Code section 21.5(4))21.5(5)“b”);    i.    Records of closed-session board disciplinary hearings (Iowa Code sections 272C.6(1) and 21.5(4))21.5(5)“b”);    j.    Information or records received from a restricted source and any other information or records made confidential by law;    k.    Identifying details in final orders, decisions, and opinions to the extent required to prevent a clearly unwarranted invasion of personal privacy or trade secrets under Iowa Code section 17A.3(1)“d”17A.3(1)“e”;    l.    Those portions of board staff manuals, instructions, or other statements issued by the board that set forth criteria or guidelines to be used by board staff in conducting audits, making inspections, negotiating settlements, or selecting or handling cases. This includes operational tactics or allowable tolerances or criteria for the defense, prosecution, or settlement of cases, when disclosure of these statements would:    (1)   Enable law violators to avoid detection;    (2)   Facilitate disregard of requirements imposed by law; or    (3)   Give a clearly improper advantage to persons who are in an adverse position to the board (Iowa Code sections 17A.2 and 17A.3);    m.    Personal information in personnel files including, but not limited to, evaluations, discipline, social security number, home address, gender, birth date, and medical and psychological evaluations;    n.    Any other records made confidential by law.

    ITEM 5.    Amend rule 657—14.14(22,124,155A) as follows:

657—14.14(22,124,155A) Personally identifiable information.  This rule describes the nature and extent of personally identifiable information which is collected, maintained, and retrieved by the board by personal identifier in record systems as defined in rule 657—14.1(22,124,155A). For each record system, this rule describes the legal authority for the collection of that information and the means of storage of that information. Indication that information in a record system is stored in or on more than one media format should not be interpreted to mean that all information is stored in all such formats. Some information comprising a record may be maintained in or on one type of media while other related information is maintained in or on another. The description also indicates whether the record system contains any confidential information, and includes the legal authority for confidentiality. The record systems maintained by the board are:    14.14(1) Records of board disciplinary hearings.  These records contain information about licensees, permit holders, and registrants who are the subject of a board disciplinary proceeding or other action. This information is collected by the board pursuant to the authority granted in Iowa Code chapters 17A, 124, 155A, and 272C and is stored electronically, in computer, and on paper. The information contained in “closed session” board hearing records is confidential in whole or in part pursuant to Iowa Code sections 21.5(4)21.5(5) and 272C.6(1).    14.14(2) Complaint reports.  Complaint and investigative files maintained by the board for purposes of licensee discipline contain information about licensees, permit holders, registrants, and the persons that they serve. This information is collected by the board pursuant to the authority granted in Iowa Code chapters 124 and 155A and is stored electronically, in computer, and on paper. The information contained in these records is confidential in whole or in part pursuant to Iowa Code sections 22.7(18)22.7(5) and 272C.6(4).    14.14(3) Continuing pharmaceuticalpharmacy education records.  These records contain educational information about pharmacists licensed by the board. This information is collected pursuant to the authority granted in Iowa Code chapter 272C and is storedelectronically, in computer, and on paper only.    14.14(4) Controlled drug samples records.  These records contain information about controlled substance registrants who receive samples of controlled drugs from drug manufacturers. The records include the name, strength, and quantity of controlled drugs received by the registrant, and the identity of the manufacturer or distributor. This information is collected by the board pursuant to the authority granted in Iowa Code chapter 124 and is storedelectronically, in computer, and on paper.    14.14(5) Controlled substance registration records.  These records contain information about pharmacies; individual practitioners including doctors of medicine and surgery, osteopathic medicine and surgery, dentistry, veterinary medicine, podiatry, and optometry; physician assistants; advanced registered nurse practitioners; drug manufacturers, distributors, importers, and exporters; researchers; hospitals and clinics; other health care facilities such as long-term care and nursing care facilities; analytical laboratories; and teaching institutionsregistrants of the board. This information is collected by the board pursuant to the authority granted in Iowa Code chapter 124 and is storedelectronically, in computer, and on paper and in computer.    14.14(6) Controlled drug destruction reports.  These records contain information about the disposal or destruction of controlled substances in the possession of registrants. The records include the name, strength, quantity, and form of all controlled substances disposed of or destroyed, and the identity of the registrant. This information is collected by the board pursuant to the authority granted in Iowa Code chapter 124 and is stored in computer and on paper. The information contained in these records is confidential pursuant to Iowa Code section 124.506.    14.14(7) Examination records.  These records contain information about applicants for any of the following examinations: National Association of Boards of Pharmacy Licensure Examination, North American Pharmacist Licensure Examination, Multistate Pharmacy Jurisprudence Examination, Federal Drug Law Examination, and Iowa Drug Law Examinationpharmacy competency or jurisprudence examination. These records may also contain information about applicants licensed or pursuing licensure by reciprocity, score transfer, or other means. This information is collected by the board pursuant to the authority granted in Iowa Code chapters 147 and 155A and is stored on paper, electronically, and in computer. The information contained in these records is confidential in part pursuant to Iowa Code sections 147.21, 22.7(1), and 22.7(19).    14.14(8) Pharmacist-intern records.  These records contain information about pharmacist-interns and their preceptors. This information is collected by the board pursuant to the authority granted in Iowa Code section 155A.6 and is stored on paper, electronically, and in computer. The information contained in these records may be confidential in part pursuant to Iowa Code section 22.7(1).    14.14(9) Investigative reports.  These records contain information about the subjects of board investigations and the activities of board investigators. The records include a variety of attachments such as interviews, drug audits, medical records, pharmacy records, exhibits, police reports, incident reports, and investigators’ observations. This information is collected by the board pursuant to the authority granted in Iowa Code chapters 124, 126, 147, and 155A and is stored electronically, in computer, and on paper. The information contained in these records is confidential pursuant to Iowa Code sections 22.7(2), 22.7(5), 22.7(6), 22.7(9), and 22.7(19); 147.21(1); 124.504; and 272C.6(4).    14.14(10) Licensure records.  These records contain information about pharmacists, pharmacies, and wholesalersindividuals and entities that are licensed by the board. This information is collected by the board pursuant to the authority granted in Iowa Code chapters 126, 147, and 155A and is stored electronically, on paper, in computer, and in the state archives.    14.14(11) Personnel records.  These records contain personal information about board members and staff. This information is storedelectronically, in computer, and on paper and microfiche. The personal information contained in these records may be confidential in whole or in part pursuant to Iowa Code section 22.7(11).    14.14(12) Nonlicensee investigation files.  These records contain information about nonlicensees, nonregistrants, or non-permit holders. This information is a public record except to the extent that certain information may be exempt from disclosure under Iowa Code section 22.7 or other provision of law.    14.14(13) Routine inspection reports.  These records contain information about pharmacies, controlled substance registrant offices, manufacturers and distributors, and wholesalerslicensees and registrants that are inspected by agents of the board to determine compliance with state and federal law. This information is collected by the board pursuant to the authority granted in Iowa Code chapters 124 and 155A and is stored on paper, in computer, and electronically.    14.14(14) Notifications to the board.  These records contain reports of theft or loss of controlled substances; of pharmacy or drug wholesalerbusiness licensee or registrant openings, closings, and changes of ownership, location, or responsible person; of the sale or transfer of prescription drugs including controlled substances; of disasters, accidents, or emergencies affecting drugs; and of pharmacists’, pharmacist-interns’, pharmacy technicians’, and pharmacy support persons’ names, addresseschanges to individual licensee or registrant name, address, or employment changes. This information is collected by the board pursuant to the authority granted in Iowa Code sections 155A.6, 155A.6A and 155A.19 and 2009 Iowa Code Supplement section 155A.6Bchapter 155A and is stored on paper, electronically, and in computer.    14.14(15) Precursor substances permit and distribution records.  These records contain information about precursor substances handlers, both vendors and recipients, and information about the distribution, disposal, or destruction of precursor substances. This information is collected by the board pursuant to the authority granted in Iowa Code chapter 124B and is storedelectronically, in computer, and on paper.    14.14(16) Pharmacy technician records.  These records contain information about pharmacy technicians who are registered by the board. This information is collected by the board pursuant to the authority granted in Iowa Code chapter 155A and is storedelectronically, in computer, and on paper and in computer.    14.14(17) Pharmacy support person records.  These records contain information about pharmacy support persons who are registered with the board. This information is collected by the board pursuant to the authority granted in Iowa Code chapter 155A and is stored on paper, electronically, and in computer.
    [Filed 11/2/22, effective 1/4/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
ARC 6685CPharmacy Board[657]Adopted and Filed

Rule making related to notification time frame for care facility immunization programs

    The Board of Pharmacy hereby amends Chapter 23, “Care Facility Pharmacy Practice,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 147.76.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 147.76.Purpose and Summary    This amendment, which is the result of an overall five-year review of rules as required by Iowa Code section 17A.7(2) and a recommendation from a care facility pharmacy stakeholder, provides a time frame for a care facility to submit documentation to the provider pharmacy relating to the administration of vaccines provided by the pharmacy for an immunization or screening program.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 27, 2022, as ARC 6421C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on October 25, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 4, 2023.    The following rule-making action is adopted:

    ITEM 1.    Amend subrule 23.14(3) as follows:    23.14(3) Notification.  The facility shall submit to the provider pharmacy a listing of those residents or staff members who have been immunized utilizing vaccine from each vial supplied by the provider pharmacyno later than seven days following administration of the vaccine.    [Filed 11/2/22, effective 1/4/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
ARC 6686CPharmacy Board[657]Adopted and Filed

Rule making related to outsourcing facilities

    The Board of Pharmacy hereby amends Chapter 41, “Outsourcing Facilities,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 147.76, 147.80, and 155A.13C.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 147.80 and 155A.13C.Purpose and Summary    This rule making, a result of an overall five-year review as required in Iowa Code section 17A.7(2), provides:

  • More detailed information for applicants relating to the inspection requirement provided in Iowa Code section 155A.13C(1)“e”;
  • Clarification on when a change of ownership is determined to have occurred, necessitating a license change;
  • Late penalty fees to be assessed when an outsourcing facility is not timely in submitting an application for license changes; and
  • A fee to be assessed to a licensee for written verification of a license when the Board’s online verification system is available at no charge.
  • Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 27, 2022, as ARC 6422C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on October 25, 2022.Fiscal Impact    The fiscal impact of this rule making to the State of Iowa is unknown. The intention of this rule making is to incentivize licensees to timely submit license change applications and to utilize the Board’s online verification system at no charge when license verification is needed.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 657—Chapter 34.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 4, 2023.    The following rule-making action is adopted:

        ITEM 1.    Amend rule 657—41.3(155A) as follows:

    657—41.3(155A) Outsourcing facility license.  Beginning January 1, 2018, anAnoutsourcing facility shall apply for and obtain an outsourcing facility license from the board prior to providing non-patient-specific compounded human drug products in this state. The applicant shall submit a completed application along with an application fee of $400. An outsourcing facility that intends to distribute controlled substances in or into Iowa shall also, prior to distributing such substances in or into Iowa, apply for and obtain an Iowa controlled substances Act registration pursuant to 657—Chapter 10.     41.3(1) Application requirements.  The application shall require demographic information about the facility; ownership information; the name, signature and home state license number for the supervising pharmacist; an attestation that the supervising pharmacist has read and understands the laws and rules relating to sterile compounding in Iowa; information about the entity’s registered agent; criminal and disciplinary history information; and a description of the scope of services to be provided in Iowa. As part of the application process, the applicant shall also:    a.     Submit evidence of possession of a valid registration with the FDA as an outsourcing facility.     b.    If one or more inspections have been conducted by the FDA in the five-year period immediately preceding the application, submit a copy of any correspondence from the FDA as a result of the inspection, including but not limited to any form 483s, warning letters, or formal responses, and all correspondence from the applicant to the FDA related to such inspections, including but not limited to formal responses and corrective action plans. In addition, the applicant shall submit evidence of correction of all deficiencies discovered in such inspections and evidence of compliance with all directives from the FDA.    c.    Submit evidence that the supervising pharmacist, as described in 21 U.S.C. Section 353b(a), holds a valid pharmacist license in the state in which the facility is located and that such license is in good standing.    d.    Submit information to facilitate a national criminal history record check.    e.    Submit evidence of a satisfactory inspection conducted by the home state regulatory authority or an entity approved by the board in accordance with subrule 41.3(6) along with evidence of corrective action taken to satisfy any deficiency identified in the inspection report and of compliance with all legal directives of the home state licensing authority.    41.3(2) Provision of patient-specific prescriptions.  If an outsourcing facility intends to dispense prescription drugs pursuant to patient-specific prescriptions to individual patients in Iowa, the outsourcing facility shall also obtain and maintain a valid Iowa pharmacy license. If the pharmacy is located in Iowa, the pharmacy shall obtain and maintain a valid Iowa pharmacy license pursuant to 657—Chapter 8; if the pharmacy is located outside Iowa, the pharmacy shall, prior to dispensing prescriptions to patients located in Iowa, obtain and maintain a valid Iowa nonresident pharmacy license pursuant to 657—Chapter 19.    41.3(3) License renewal.  The outsourcing facility license shall be renewed by January 1 of each year. The facility shall submit the license application and fee as provided in this rule. An outsourcing facility may renew its license beginning November 1 prior to license expiration. An initial outsourcing facility license issued between November 1 and December 31 shall not require renewal until the following calendar year. The fee for license renewal shall be $400.    a.    Delinquent license grace period.If an outsourcing facility license has not been renewed or canceled prior to expiration, but the facility is in the process of renewing the license, the license becomes delinquent on January 1. An outsourcing facility that submits a completed license renewal application, application fee, and late penalty fee of $400 postmarked or delivered to the board office by January 31 shall not be subject to disciplinary action for continuing to provide services to Iowa customers in the month of January.    b.    Delinquent license reactivation beyond grace period.If an outsourcing facility license has not been renewed prior to the expiration of the one-month grace period identified in paragraph 41.3(3)“a,” the facility may not continue to provide services to Iowa customers. An outsourcing facility that continues to provide services to Iowa customers without a current license may be subject to disciplinary sanctions. An outsourcing facility without a current license may apply for reactivation by submitting an application for license reactivation and a $1,600 reactivation fee. As part of the reactivation application, the facility shall disclose the services, if any, that were provided to Iowa customers while the license was delinquent.    41.3(4) License changes.      a.    License change application submission.If an outsourcing facility has a change of name, ownership, location or supervising pharmacist, the facility shall submit to the board an outsourcing facility license application and applicable fee within ten days of the FDA’s issuance of an updated registration. Following processing of the completed license application and fee, the board shall issue a new license certificate that reflects the change or changes.A change of ownership occurs when the owner listed on the outsourcing facility’s most recent application changes.    b.    Delinquent license change application submission.An outsourcing facility that has submitted an application for license change after the required date of submission pursuant to this subrule but within 30 days of the required date of submission shall be assessed a nonrefundable late penalty fee of $400 in addition to the license fee. An outsourcing facility that has submitted an application for license change 31 days or later following the required date of submission pursuant to this subrule shall be assessed a nonrefundable late penalty fee of $1,600.    41.3(5) License cancellation.  If an outsourcing facility ceases to be registered as an outsourcing facility with the FDA, the facility shall immediately cease distribution of non-patient-specific compounded drug products in or into this state and shall return its Iowa outsourcing facility license to the board within ten days of such occurrence. Upon receipt, the board shall administratively cancel the outsourcing facility license. If an outsourcing facility intends to discontinue business in this state, the facility shall notify the board in writing of its intent at least 30 days in advance of the discontinuation of services and request that the license be administratively canceled. To the extent possible to avoid unnecessary delays in obtaining product for patients, an outsourcing facility that intends to discontinue services in Iowa should provide advance notice to its customers of the date that the outsourcing facility intends to cease distributing products in this state. The notice requirements of this rule shall not apply in the case of a board-approved emergency or unforeseeable closure, including but not limited to emergency board action, foreclosure, fire, or natural disaster.    41.3(6) Inspection requirements.  An outsourcing facility submitting any application for licensure, except when related to a change in location or except when the outsourcing facility is located in Iowa and will be subject to an opening inspection prior to issuance of an initial license, shall submit with its application and fee an inspection report that satisfies the following requirements:    a.    Less than two years have passed since the date of the inspection and the inspection report is the most recent inspection report available that satisfies the requirements of these rules.    b.    The inspection occurred while the outsourcing facility was in operation. Except when the facility is located in Iowa and seeking initial licensure, an inspection prior to the initial opening of the facility shall not satisfy this requirement.    c.    The inspection report demonstrates compliance with good manufacturing practices and addresses all aspects of the outsourcing facility’s business that will be conducted in Iowa.    d.    The inspection was performed by or on behalf of the home state licensing authority, if available.    41.3(7) Qualified inspector.  If the home state licensing authority has not conducted an inspection satisfying the inspections requirements identified in subrule 41.3(6), the outsourcing facility shall submit an inspection report issued by one of the following:    a.    Another qualified entity if the entity is preapproved by the board.    b.    An authorized agent of the board. The board may recover from an outsourcing facility, prior to the issuance of an outsourcing facility license, the costs associated with conducting an inspection.    41.3(8) License verification fee.  The board may require a nonrefundable fee of $15 for completion of a request for written license verification of any outsourcing facility license.
        [Filed 11/2/22, effective 1/4/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
    ARC 6704CRevenue Department[701]Adopted and Filed

    Rule making related to services subject to sales tax

        The Revenue Department hereby rescinds Chapter 26, “Sales and Use Tax on Services”; amends Chapter 203, “Elements Included in and Excluded from a Taxable Sale and Sales Price”; adopts new Chapter 211, “Taxable Services”; amends Chapter 213, “Miscellaneous Taxable Sales,” Chapter 214, “Agricultural Rules,” Chapter 215, “Exemptions Primarily Benefiting Manufacturers and Other Persons Engaged in Processing,” and Chapter 216, “Events, Amusements, and Other Related Activities”; adopts new Chapter 218, “Services Related to Vehicles”; and amends Chapter 219, “Sales and Use Tax on Construction Activities,” Chapter 220, “Exemptions Primarily of Benefit to Consumers,” and Chapter 225, “Resale and Processing Exemptions Primarily of Benefit to Retailers,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 421.14.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 423.Purpose and Summary    The Department has adopted this rule making to replace its longstanding chapter of rules on services subject to sales tax. Chapter 26 includes several out-of-date elements that prompted this rule making: references to terms such as “gross receipts” rather than “sales price,” references to Iowa Code sections that have been repealed for several years, and a general lack of modern rule-writing features such as subparts and catchwords. Most of the differences between Chapter 26 and Chapter 211 reflect these updates. Other changes from Chapter 26 include a reorganization of rules into more subject-focused chapters, such as those for agriculture (Chapter 214); events, amusements, and other related activities (Chapter 216); services related to vehicles (Chapter 218); and construction (Chapter 219). Other items in this adopted rule making update cross-references that lead to Chapter 26.    In addition to these mostly nonsubstantive revisions, the Department has made three substantive changes to current rules in Chapter 26 as well as new rules to implement relatively new taxable services. First is rule 701—211.17(423) (machine operators), which replaces previous rule 701—26.28(422). The previous rule included some language that created confusion: “In addition, to be taxable as machine operation, the operation of the machine must be the primary service that is being performed and not just incidental to the performance of the primary service being rendered” [emphasis added]. Typically, the use of “primary” in Department rules indicates a temporal value, such that the primary use of an item equals how it is used for more than half of its usefulness. After reviewing this rule, the Department did not believe the original intent of rule 701—26.28(422) was to use a time-based analysis. New rule 701—211.17(423) does not include this language and has additional examples to describe situations in which a person may or may not be a machine operator based on the person’s use of a computer to perform job functions.    Second, previous rules 701—26.42(422) and 701—26.78(422,423) implemented the services enumerated in Iowa Code section 423.2(6)“ax”: “Storage of household goods, mini-storage, and warehousing of raw agricultural products.” Rule 701—26.42(422) related to storage of household goods and warehousing of raw agricultural products, while rule 701—26.78(422,423) related to mini-storage. Upon reviewing these rules, it made more sense to the Department to group storage of household goods and mini-storage together, so new rule 701—211.25(423) does this, and the bulk of the text related to warehousing of raw agricultural products has been moved into the chapter on agriculture, Chapter 214. Additionally, some of rule 701—26.78(422,423) created confusion about what is or is not considered mini-storage, so the language in new rule 701—211.25(423) clarifies what is or what is not subject to sales tax.    Third, the Department has replaced rule 701—26.24(422), “Golf and country clubs and all commercial recreation,” with new rule 701—216.3(423). The previous rule attempted to determine whether an activity is taxable “commercial recreation” by utilizing criteria about whether instruction is provided and, if so, the type of training the instructor received before providing the instruction. As the variety of services provided expanded over time, this rule created confusion for businesses that offer these activities. The Director has determined through the Declaratory Order process in recent years that, thanks to rule 701—26.24(422), yoga and Pilates classes are not taxable, but cycling classes are taxable. Because the statute clearly imposes tax on “all commercial recreation,” the Department has replaced rule 701—26.24(422) with a rule that defines “recreation” and indicates that all sales of recreation are subject to sales tax.    Lastly, 2018 Iowa Acts, Senate File 2417, imposed sales tax on a variety of new, digital-based services (Iowa Code section 423.2(6)“bq” through “bu”). Shortly after the enactment of that legislation, the Department crafted nonbinding guidance for taxpayers looking for help in understanding these new taxable services. The Department has now adopted its interpretations of those services into binding administrative rules.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 5, 2022, as ARC 6577C. A public hearing was held on October 25, 2022, at 11 a.m. in Room 1 NW, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa. No one attended the public hearing. No public comments were received. A change from the Notice has been made to update two cross-references to rules in Chapter 15 because that chapter was recently renumbered as Chapter 288.Adoption of Rule Making    This rule making was adopted by the Department on November 9, 2022.Fiscal Impact     The Department estimates rule 701—216.3(423) to have a fiscal impact of $2.43 million for General Fund sales tax revenue and $0.38 million for local option sales tax (LOST) revenue in fiscal year 2023. For a full fiscal year impact, these numbers increase to $4.95 million for sales tax and $0.78 million for LOST in fiscal year 2024 and increase gradually thereafter due to inflation. Additional information is available from the Department upon request. The Department does not anticipate any other items in this rule making to have a fiscal impact. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 701—7.28(17A).Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 4, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Rescind and reserve 701—Chapter 26.

        ITEM 2.    Amend subrule 203.5(3) as follows:    203.5(3)   Trade for services. The trade-in provisions referenced in Iowa Code section 423.1(47)“a”(7) and found in Iowa Code section 423.3(59) do not apply to taxable enumerated services. When taxable enumerated services are traded, the sales price would be determined based on the value of the service or other consideration.

        ITEM 3.    Adopt the following new 701—Chapter 211: CHAPTER 211TAXABLE SERVICES

    701—211.1(423) Definitions and scope.      211.1(1) Definitions.  For purposes of this chapter:        "Persons engaged in the business of" means persons who offer the named service or services to the public or others in exchange for consideration, regardless of whether such person offers the service or services continuously, part-time, seasonally, or for short periods.        "Repair" includes the mending or renovation of existing parts and the replacement of defective parts or subassemblies. Repair does not include the installation of new parts or accessories that are not replacements.        "Sales price" means the same as defined in Iowa Code section 423.1(51).        "Services" means the same as defined in Iowa Code section 423.1(54).    211.1(2) Scope.  Iowa imposes tax upon the sales price of rendering, furnishing, or performing at retail certain enumerated services, described in more detail in this chapter.       This rule is intended to implement Iowa Code section 423.2.

    701—211.2(423) Interstate commerce.  Services performed in interstate commerce are exempt from tax if the imposition of tax would violate the United States or Iowa Constitution or laws of the United States. Services performed on tangible personal property are exempt from tax if those services are performed on property that the retailer of the property transfers to a carrier for shipment to a point outside Iowa, places in the United States mail or parcel post directed to a point outside Iowa, or transports to a point outside Iowa by means of the retailer’s own vehicles and that is not thereafter returned to a point within Iowa, except solely in the course of interstate commerce or transportation. This exemption does not apply to services performed on property if the purchaser, the consumer, or the agent of either a purchaser or consumer, other than a carrier, takes physical possession of the property in Iowa. Iowa Code sections 423.3(1) and 423.3(43) contain more information.       This rule is intended to implement Iowa Code section 423.3(1).

    701—211.3(423) Services performed for employers.  Services rendered, furnished, or performed for an “employer,” as defined in Iowa Code section 422.4, are not taxable.       This rule is intended to implement Iowa Code section 423.1(54).

    701—211.4(423) Services purchased for resale.  Services purchased for resale are not subject to sales tax. A service is purchased for resale when it is subcontracted by the person contracted to perform the service. Tax imposed on services is collectible at the time the service is complete even if the services are not purchased by the ultimate beneficiary.       This rule is intended to implement Iowa Code section 423.3(2).

    701—211.5(423) Alteration and garment repair.  Persons engaged in the business of altering or repairing any type of garment or clothing are selling a service subject to sales tax. This includes services rendered, furnished, or performed by tailors, dressmakers, furriers, and others engaged in similar occupations.       This rule is intended to implement Iowa Code section 423.2(6)“a.”

    701—211.6(423) Dry cleaning, pressing, dyeing and laundering.  Persons engaged in the business of dry cleaning, pressing, dyeing, or laundering services are selling a service subject to sales tax. Self-pay washers and dryers are excluded from this rule.       This rule is intended to implement Iowa Code section 423.2(6)“o.”

    701—211.7(423) Sewing and stitching.  Persons engaged in the business of sewing and stitching are selling a service subject to sales tax.       This rule is intended to implement Iowa Code section 423.2(6)“au.”

    701—211.8(423) Shoe repair and shoeshine.  Persons engaged in the business of repairing or shining any type of footwear including but not limited to shoes, boots, and sandals are selling a service subject to sales tax.       This rule is intended to implement Iowa Code section 423.2(6)“av.”

    701—211.9(423) Furniture, rug, and upholstery repair and cleaning.      211.9(1) In general.  Persons engaged in the business of repairing, restoring, renovating, or cleaning furniture, rugs, or upholstery are selling a service subject to sales tax.    211.9(2) Definitions.  For purposes of this rule:        "Furniture" includes all indoor and outdoor furnishings.        "Rugs" includes all types of rugs and carpeting.        "Upholstery" includes all materials used to stuff or cover any piece of furniture.       This rule intended to implement Iowa Code section 423.2(6)“t.”

    701—211.10(423) Fur storage and repair.      211.10(1) In general.  Persons engaged in the business of storing fur for preservation and future use and refurbishing, repairing, and renovating fur, including the addition of new skins and furs, are selling a service subject to sales tax.    211.10(2) Definition.  For purposes of this rule:        "Fur" includes both natural fur and synthetic products resembling fur.       This rule is intended to implement Iowa Code section 423.2(6)“u.”

    701—211.11(423) Investment counseling.  Persons engaged in the business of counseling others relative to investment in or on the disposition of property or rights, whether real, personal, tangible, or intangible, and who charge for that counseling, are selling a service subject to sales tax. This includes investment counseling rendered, furnished, or performed by a trust department.       This rule is intended to implement Iowa Code section 423.2(6)“e.”

    701—211.12(423) Bank and financial institution service charges.      211.12(1) In general.  The service charges imposed by financial institutions relating to a depositor’s checking account are subject to sales tax. If the same service is performed by a financial institution relating to an account that does not qualify as a checking account, the service charge imposed by the financial institution is not subject to sales tax.    211.12(2) Definitions.  For purposes of this rule:         "Bank" means an institution empowered to do all banking business, including issue negotiable notes, discount notes, receive deposits payable on demand, and buy and sell bills of exchange. Savings and loan associations and other financial institutions not commonly considered to be banks do not fall within the meaning of a bank.        "Checking account" means an account on which withdrawals may be made from the account via a written instrument, including but not limited to a check, draft, or negotiable order of withdrawal (NOW). Whether or not an account pays interest does not determine whether an account qualifies as a checking account. The term “checking account” is characterized by its general meaning rather than a technical definition, and other types of accounts, not described in this rule, may qualify as checking accounts. Certificates of deposits do not qualify as checking accounts.        "Financial institutions" means the same as defined in Iowa Code section 423.2(6)“f.”    211.12(3) Checking account charges.  All charges relating to a checking account are subject to sales tax, including but not limited to charges for the following:    a.    Withdrawals made by check or bank card.    b.    Nonproprietary automatic teller machine (ATM) transactions.    c.    Transferring funds from one account to another (if billed to a checking account).    d.    Stop payment.    e.    Debit card replacement.    f.    Copy and research.    g.    Bill payment.    h.    Returned deposit items.    i.    Issuance of a certified check, drawn from a particular account.    211.12(4) Other service charges.  Service charges not usually subject to sales tax by virtue of having no relationship to checking accounts include but are not limited to:    a.    Safety deposit box rentals.    b.    Mortgage and loans.    c.    Trust department fees for probating estates, administering trusts, administering agency accounts, administering pension and profit-sharing plans, serving as stock transfer agents or registrars, serving as farm managers, and fees or commissions charged to customers for handling security transactions. Some of these services may qualify as investment counseling and may be subject to sales tax. Rule 701—211.11(423) contains more information about investment counseling services.    d.    Real estate appraisals.    e.    Servicing real estate loans.    f.    Contract collection and collection not related to the maintenance of a checking account.    g.    Special lockbox handling.    h.    Finance charges, including those for credit cards.    i.    Escrow agent.    j.    Safekeeping, handling and cashing coupons or certificates kept in a bank’s possession.    k.    Penalties on early withdrawal for saving certificates.    l.    Purchasing or selling securities for customers, unless used as a disguise for investment counseling fees.    m.    Real estate collection exchange, including collecting and transferring mortgage payments.    n.    Traveler’s or a similar type of check, bank cashier’s checks, bank drafts, or money orders with no relation to a customer’s checking account.    o.    Check exchanges.    p.    Noncustomer point of sale or ATM access fees or service charges.    211.12(5) Exceptions.  Fees charged to a checking account depositor for a depositor’s failure to adhere to contractual obligations with a bank or financial institution are not subject to sales tax. These charges, such as fees for overdrafts or returned checks, are penalties rather than service charges. Bank service charges that are never assessed against the expense of maintaining a checking account are not subject to sales tax.       This rule is intended to implement Iowa Code section 423.2(6)“f.”

    701—211.13(423) Barber and beauty.      211.13(1) In general.  Persons engaged in the business of barbering and beauty are selling a service subject to sales tax.     211.13(2) Definitions.  For purposes of this rule:        "Barbering" means the same as defined in Iowa Code section 158.1.         "Barbershop" means the same as defined in Iowa Code section 158.1.         "Beauty" means the same as “cosmetology” and “esthetics” as those terms are defined in Iowa Code section 157.1.     211.13(3) Sales tax permits.      a.    Each barber, beauty or other beautification shop or establishment shall receive only one permit and remit tax as one enterprise when operated under a common management.     b.    When an operator leases space and is an independent operator, the lessee shall notify the department and secure a sales tax permit whereby the lessee will be responsible directly for the sales tax due. In order to be considered independent, the lessee must also be independent from the lessor for the purposes of withholding income tax, unemployment compensation, and social security taxes.     211.13(4) Leasing.  The lessor who has leased a part of the premises shall report to the department the names and addresses of all lessees. If the lessor is accounting for the lessee’s sales, the lessor shall, after the name of each lessee, show the amount of net taxable sales made by the lessee on each report to the department and which net taxable sales are included in the lessor’s return. Rule 701—288.11(423) contains more information.       This rule is intended to implement Iowa Code sections 423.2(6)“g” and 423.36.

    701—211.14(423) Photography and retouching.      211.14(1) Definitions.  For purposes of this rule:        "Photography" means the art or process of capturing or producing still or moving images, films, or videos using any device designed to record or capture images, film, or video. Taxable sales associated with photography services include but are not limited to sitting or photoshoot fees and fees relating to taking or producing photographs or videos, including editing.        "Retouching" means the alteration, restoration, or renovation of a picture, film, video, image, artwork, likeness, or design.    211.14(2) In general.  The sales price of photography services and retouching services are taxable regardless of whether the service results in the production of tangible personal property or specified digital products.    211.14(3) Sourcing.  More information about how various aspects of photography services may be sourced is available in 701—subrule 205.2(1).       This rule is intended to implement Iowa Code sections 423.2(6)“bo” and “bp.”

    701—211.15(423) Household appliance, television, and radio repair.      211.15(1) In general.  Persons engaged in the business of repairing household appliances, television sets, or radio sets are selling a service subject to sales tax.    211.15(2) Definition.  For purposes of this rule:        "Household appliances" includes all mechanical devices normally used in the home, whether or not the appliances are actually used in the home.       This rule is intended to implement Iowa Code section 423.2(6)“y.”

    701—211.16(423) Jewelry and watch repair.  Persons engaged in the business of repairing jewelry or watches are selling a service subject to sales tax.       This rule is intended to implement Iowa Code section 423.2(6)“aa.”

    701—211.17(423) Machine operators.      211.17(1) In general.  Persons engaged in the business of operating machines of all kinds that belong to other persons and charge a fee for operating are selling a service subject to sales tax. Operation of the machine must be the central function of the service being performed and not incidental to the performance of the service the operator was hired to perform.    211.17(2) Definitions.  For purposes of this rule:        "Machine" includes but is not limited to typewriters, computers, calculators, cash registers, and manufacturing machinery and equipment. “Machine” does not include telephones, automobiles, or airplanes.         "Machine operator" is a person who manages, controls, and conducts a mechanical device or a combination of mechanical powers and devices used to perform a function and produce a certain result or effect.     211.17(3) Machine operators as employees.  The services of a machine operator are not subject to sales tax if the operation of machinery is by an employee directly for an employer. Rule 701—211.3(423) contains information about services performed by an employee for an employer.       This rule is intended to implement Iowa Code section 423.2(6)“ad.”

    701—211.18(423) Machine repair of all kinds.      211.18(1) In general.  Persons engaged in the business of repairing machines of all kinds are selling a service subject to sales tax.    211.18(2) Definition.  For purposes of this rule:        "Machine" means a mechanical device or combination of mechanical powers and devices used to perform some function and produce a certain result or effect. Machines include devices that have moving parts, are operated by hand, and are powered by a motor, engine, or other form of energy.    211.18(3) Musical instruments.  For purposes of this rule, a musical instrument does not constitute a machine.       This rule is intended to implement Iowa Code section 423.2(6)“ae.”

    701—211.19(423) Motor repair.  Persons engaged in the business of repairing motors powered by any means are selling a service subject to sales tax.       This rule is intended to implement Iowa Code section 423.2(6)“af.”

    701—211.20(423) Oilers and lubricators.      211.20(1) In general.  Persons engaged in the business of oiling, changing oil in, lubricating, or greasing vehicles and machines of all types are selling a service subject to sales tax.    211.20(2) Definition.  For purposes of this rule:        "Machine" includes those items with moving parts or powered by a motor or engine or other form of energy. “Machine” also includes heavy equipment vehicles or implements, whether such equipment functions in a state of rest or a state of motion.       This rule is intended to implement Iowa Code section 423.2(6)“ah.”

    701—211.21(423) Office and business machine repair.  Persons engaged in the business of repairing office and business machines are selling a service subject to sales tax.       This rule is intended to implement Iowa Code section 423.2(6)“ai.”

    701—211.22(423) Parking facilities.      211.22(1) In general.  Persons engaged in the business of operating a parking facility for a fee are selling a service subject to sales tax.    211.22(2) Definition.  For purposes of this rule:        "Parking facility" means any place that is used for parking a vehicle for consideration. It is irrelevant whether the charge is by the hour, day, month, or any other period of time.       This rule is intended to implement Iowa Code section 423.2(6)“ak.”

    701—211.23(423) Private employment agency, executive search agency.      211.23(1) In general.  Private employment agencies engaged in the business of providing listings of available employment, counseling others with respect to future employment, or aiding another in any way to procure employment are selling a service subject to sales tax, regardless of whether the service is rendered for a prospective employer or prospective employee.    211.23(2) Principal place of employment outside of Iowa.  Services rendered by private employment agencies which place a person and where the person’s principal place of employment is outside of Iowa are not subject to Iowa sales tax. For purposes of this rule, “principal place of employment” means the primary work location of the employee.    211.23(3) Executive search agencies.  Executive search agencies that are engaged in the business of securing employment for top-level management positions are selling a service subject to sales tax, regardless of whether the executive search agency is licensed under Iowa Code chapter 94A or not. Further, unlike the exclusion found in subrule 211.23(2) for private employment agencies, executive search agencies’ services performed in Iowa are subject to Iowa sales tax regardless of whether the principal place of employment for the person the agency placed into employment is located within Iowa.    211.23(4) Private employment versus executive search agencies.  To determine if an agency is an executive search agency or a private employment agency, the following nonexhaustive lists of elements may be used to distinguish the two.     a.    Private employment agency:    (1)   All levels of jobs in an organization. All salary levels.    (2)   Large number of clients at all times. Both possible employers and employees.    (3)   Individual’s résumé circulated to many possible employers.    (4)   No extensive analysis of the position or the individual.    (5)   Normally does not make travel arrangements for interviews, does not conduct salary negotiations, does not perform detailed follow-up studies.    (6)   Paid by either the company or the job seeker.    (7)   Paid on a contingent-fee basis. Paid only if a referred person is hired.    (8)   Does engage in general advertising of available positions.    (9)   Overall placement of an individual is not as extensive or sophisticated.    b.    Executive search agency:    (1)   Top-level management positions.    (2)   Serve only a few clients at one time. Employers only.    (3)   Send information regarding one individual to one possible employer only. Résumés never circulated to other possible employers.    (4)   Extensive analysis of the position to be filled. Extensive analysis of the individuals who are candidates. Preparation of detailed professional assessment of strengths and weaknesses of individuals.    (5)   Make travel arrangements for interviews, conduct salary negotiations, perform follow-up studies.    (6)   Only paid by the company seeking the employee.    (7)   Paid on retainer or by an hourly charge or by contract. Paid whether or not an individual is hired.    (8)   Does not advertise available positions.    (9)   Overall placement of an individual requires extensive and sophisticated analysis of position and individual.       This rule is intended to implement Iowa Code section 423.2(6)“ap” and “aq.”

    701—211.24(423) Storage of household goods and mini-storage.      211.24(1) In general.  The sales price from the sale of the storage of household goods and mini-storage are subject to sales and use tax.     211.24(2) Definitions.  For purposes of this rule:        "Household goods" means tangible personal property ordinarily located in a person’s residence that is not inventory.         "Mini-storage" means a commercial operation that provides individual storage units of various sizes to persons for the purpose of storing tangible personal property. “Mini-storage” includes a secured area in which vehicles, boats, recreational vehicles, camping trailers and other types of tangible personal property can be stored. “Mini-storage” is taxable, regardless of whether the buyer or the seller provides particular security measures including but not limited to locks, fences, gates, security cameras, or password-protected entrances. “Mini-storage” is taxable regardless of whether the buyer has sole access to the unit. “Mini-storage” does not include storage lockers, storage units, or garages at apartment complexes for the primary convenience of the tenant if such lockers, units, or garages are part of the nonitemized price of an apartment rental. Mini-storage space is not a warehouse. Rule 701—214.22(423) contains provisions on warehousing of raw agricultural products.       This rule is intended to implement Iowa Code section 423.2(6)“ax.”

    701—211.25(423) Telephone answering service.  Persons engaged in the business of providing a telephone answering service, whether by person or machine, are selling a service subject to sales tax.       This rule is intended to implement Iowa Code section 423.2(6)“bb.”

    701—211.26(423) Test laboratories.      211.26(1) In general.  Persons engaged in the business of providing laboratory testing of any substance for any experimental, scientific, or commercial purpose are selling a service subject to sales tax. “Test laboratories” includes but is not limited to mobile testing laboratories and field testing by test laboratories.     211.26(2) Exempt testing services.  Test laboratory services performed on humans and animals and environmental testing services are not taxable. “Environmental testing services” includes but is not limited to the physical and chemical analysis of soil, water, wastewater, air, or solid waste performed in order to ascertain the presence of environmental contamination or degradation.    211.26(3) Nonprofit blood centers.  Test laboratory services rendered, furnished, or performed for a nonprofit blood center registered by the federal Food and Drug Administration are exempt when the services are directly and primarily used in the processing of human blood.        This rule is intended to implement Iowa Code sections 423.2(6)“bc,” 423.3(102), and 423.3(26A).

    701—211.27(423) Termite, bug, roach, and pest eradicators.      211.27(1) In general.  Persons engaged in the business of eradicating, controlling, or preventing the infestation by termites, insects, roaches, and all other living pests, by spraying or other means, are selling a service subject to sales tax. This includes persons who eradicate, prevent, or control pest infestations in farmhouses, outbuildings, and other structures, such as grain bins, used in agricultural production.    211.27(2) Spraying of cropland exempt.  This rule does not include those persons who are engaged in the business of spraying cropland used in agricultural production to eradicate or prevent the infestation by pests of the cropland. The service of spraying cropland is exempt. Rule 701—211.1(423) contains the definition of “agricultural production.”       This rule is intended to implement Iowa Code sections 423.2(6)“bd” and 423.3(5).

    701—211.28(423) Tin and sheet metal repair.  Persons engaged in the business of repairing tin or sheet metal, whether it has or has not been formed into a finished product, are selling a service subject to sales tax.       This rule is intended to implement Iowa Code section 423.2(6)“be.”

    701—211.29(423) Turkish baths, massage, and reducing salons.      211.29(1) In general.  Persons engaged in the business of operating Turkish baths, massage, and reducing salons are selling a service subject to sales tax. This includes persons engaged in the business of operating a health studio which, as a part of its operation, offers any services of Turkish baths, massage, or reducing facilities or programs. The sales price of those services is subject to sales tax.    211.29(2) Definitions.  For purposes of this rule:        "Massage" means the kneading, rubbing, or manipulation of the body to condition the body. “Massage” does not include any body manipulation undertaken and incidental to the practice of one or more of the healing arts or those provided by massage therapists licensed under Iowa Code chapter 152C.        "Reducing salons" means any type of establishment that offers facilities or a program of activities for the purpose of weight reduction.        "Turkish baths" means any type of facility where an individual is warmed by steam or dry heat.        This rule is intended to implement Iowa Code section 423.2(6)“bg.”

    701—211.30(423) Weighing.  Persons engaged in the business of weighing any item of tangible personal property are selling a service subject to sales tax.       This rule is intended to implement Iowa Code section 423.2(6)“bi.”

    701—211.31(423) Welding.  Persons engaged in the business of welding materials for whatever purpose are selling a service subject to sales tax.       This rule is intended to implement Iowa Code section 423.2(6)“bj.”

    701—211.32(423) Wrapping, packing, and packaging of merchandise other than processed meat, fish, fowl, and vegetables.  Persons engaged in the business of wrapping, packing, and packaging of merchandise other than processed meat, fish, fowl, and vegetables are selling a service subject to sales tax. A person who provides a service described in this rule incidental to the sale of such items without charging separately for the service does not need to collect or remit tax. 701—Chapter 206 contains additional information on bundled transactions.        This rule is intended to implement Iowa Code section 423.2(6)“bl.”

    701—211.33(423) Wrecking service.      211.33(1) In general.  Persons engaged in the business of wrecking are selling a service subject to sales tax.    211.33(2) Definition.  For purposes of this rule:        "Wrecking" includes defacing or demolishing tangible personal or real property or any part thereof.       This rule is intended to implement Iowa Code section 423.2(6)“bm.”

    701—211.34(423) Cable and pay television.      211.34(1) In general.  Persons engaged in the business of distributing the signals of one or more television broadcasting stations or other television programming to subscribers and using any transmission path, including but not limited to cable, satellite, streaming video, video on-demand, or pay-per-view, for those signals are selling a service subject to sales tax. The sales price for the rental of any device used to decode or receive television broadcasting signals from a communications satellite is also subject to sales tax.    211.34(2) Signals to exhibitors.  Any person distributing or providing signals to exhibitors on screens in auditoriums or other buildings that show sporting or other events are selling a service subject to sales tax.     211.34(3) Applicability.  This rule applies to the transmissions of single events and subscriptions and to television services that serve fewer than 50 subscribers or are serving only customers located in one or more multiple unit dwellings that are under common ownership, control, or management.       This rule is intended to implement Iowa Code section 423.2(6)“al.”

    701—211.35(423) Camera repair.      211.35(1) In general.  Persons engaged in the business of camera repair are selling a service subject to sales tax.    211.35(2) Definition.  For purposes of this rule:        "Camera repair" includes the repair of any still photograph, motion picture, video, digital, or television camera. “Camera repair” includes the repair of any part of a camera considered to be a part of a camera that may be detached from the camera body but can only be used with a camera. Examples of such accessories include but are not limited to detachable lenses, flash units, and motor drives. “Camera repair” does not include the repair of cameras that are built into a cell phone or computer.       This rule is intended to implement Iowa Code section 423.2(6)“w.”

    701—211.36(423) Gun repair.      211.36(1) In general.  Persons engaged in the business of repairing guns are selling a service subject to sales tax.    211.36(2) Definition.  For purposes of this rule:        "Gun repair" means the repair of any pistol, revolver or other hand gun, as well as the repair of any shoulder or hip-fired gun such as a rifle or shotgun.       This rule is intended to implement Iowa Code section 423.2(6)“w.”

    701—211.37(423) Janitorial and building maintenance or cleaning.      211.37(1) In general.  Persons engaged in the business of performing one or a number of janitorial services and building maintenance or cleaning are selling a service subject to sales tax.    211.37(2) Definitions.  For purposes of this rule:        "Building maintenance or cleaning" includes but is not limited to the cleaning of exterior walls or windows of any building and any other act performed upon the exterior of a building with the intent to keep it in good condition or upkeep.        "Janitorial services" means the type of cleaning services performed by a janitor in the regular course of duty. These services may be performed individually under a separate contract or included within a general contract to perform a combination of such services. These services may include but are not limited to interior window washing, floor cleaning, vacuuming, waxing, cleaning of interior walls and woodwork, cleaning of restrooms and furnaces, and the movement of furniture or other personal property within a building.    211.37(3) Exempt services.      a.    Janitorial services performed in a private residence, including apartment or multiple housing units, and paid for by the occupant of the residence are exempt from sales tax.    b.    Repairs and any service performed upon the exterior of a building that is a private residence and paid for by an occupant of the building are excluded from the meaning of “building maintenance or cleaning.” However, these services may be taxable under a construction-related enumerated service, described in rule 701—219.13(423).    c.    Janitorial services and building maintenance or cleaning performed on or in connection with new construction, reconstruction, alteration, expansion or remodeling of a structure are exempt from tax.        This rule is intended to implement Iowa Code section 423.2(6)“z.”

    701—211.38(423) Lawn care, landscaping, and tree trimming and removal.      211.38(1) Lawn care.      a.    In general.Persons engaged in the business of lawn care are selling a service subject to sales tax. Lawn care is a taxable service regardless of the age of the person performing the service. Lawn care services performed on properties including but not limited to cemetery grounds, golf courses, parks, and residential or commercial properties containing one or more buildings or structures are subject to sales tax.    b.    Definitions.For purposes of this rule:        "Landscaping" includes services related to the arrangement and modification of a given parcel or tract of land so as to render the land suitable for public or private use or enjoyment.        "Lawn" means an open space between woods or ground that is covered with grass and is generally kept mowed or required to be kept mowed.         "Lawn care" includes but is not limited to services related to mowing, trimming, watering, fertilizing, reseeding, resodding, and the killing of weeds, fungi, vermin, and insects that may threaten a lawn.     c.    Not taxable.The mowing of grass within a ditch is not a taxable service.    211.38(2) Landscaping.      a.    In general.Persons engaged in the business of landscaping are selling a service subject to sales tax.    b.    Landscape architects.Services that require licensure as a “landscape architect” pursuant to Iowa Code section 544B.2 are not subject to sales tax under this rule if those services are performed by a licensed landscape architect, are separately stated, and are separately billed as a charge for landscape architecture.    c.    Exempt.Landscaping services performed on or in connection to new construction, reconstruction, alteration, expansion, or the remodeling of real property are not subject to sales tax. 701—Chapter 219 contains additional information on new construction, reconstruction, alteration, expansion, and the remodeling of real property.     211.38(3) Tree trimming and removal.      a.    In general.Persons engaged in the business of tree trimming, tree removal, and stump removal are selling a service subject to sales tax. This includes but is not limited to removal of any portion of a tree, including branches or a trunk.     b.    Shrubs with woody stems or trunks.For purposes of this rule, tree trimming and tree removal include the trimming or removal of any shrub that has a woody main stem or trunk with branches.    c.    Sale of cut wood.Persons engaged in the business of tree trimming and tree removal who cut wood from the trees that they trim or remove into sizes suitable for sale as firewood and sell the wood as firewood are engaged in the sale of tangible personal property. The tree trimming or removal is not a sale for resale. The sales price from the sale of this wood is subject to sales tax.       This rule is intended to implement Iowa Code section 423.2(6)“ab.”

    701—211.39(423) Pet grooming.      211.39(1) In general.  Persons engaged in the business of pet grooming are selling a service subject to sales tax. This includes persons who are not veterinarians and groom dogs.    211.39(2) Definitions.  For purposes of this rule:        "Pet" means any animal that has been tamed or gentled and is kept by its owner for pleasure or affection, rather than for utility or profit. Service animals or assistance animals as defined in Iowa Code section 216.8B and livestock are not considered pets.        "Pet grooming" includes any act performed to maintain or improve the appearance of a pet. This includes but is not limited to washing, combing, currying, hair cutting, and nail clipping, regardless of whether the person performing the act is a veterinarian.     211.39(3) Veterinary pet grooming.  701—Chapter 206 contains more information on bundled transactions to aid in determining the taxability of pet grooming when it is completed for both veterinary and cosmetic reasons.    211.39(4) Livestock showing.  Services related to the pet grooming of livestock, including but not limited to the preparation of livestock for exhibition at fairs or shows, are exempt from tax.       This rule is intended to implement Iowa Code section 423.2(6)“am.”

    701—211.40(423) Reflexology.      211.40(1) In general.  Persons engaged in the business of reflexology are selling a service subject to sales tax.    211.40(2) Definition.  For purposes of this rule:        "Reflexology" means the same as defined in Iowa Code section 152C.1.       This rule is intended to implement Iowa Code section 423.2(6)“ar.”

    701—211.41(423) Tanning beds and tanning salons.  Persons engaged in the business of providing tanning beds and tanning salons are selling a service subject to sales tax.       This rule is intended to implement Iowa Code section 423.2(6)“az.”

    701—211.42(423) Water conditioning and softening.      211.42(1) In general.  Persons engaged in the business of water conditioning and softening are selling a service subject to sales tax.    211.42(2) Definitions.  For purposes of this rule:        "Water conditioning" means any action other than water softening taken with respect to water that renders the water fit for its intended use, more healthful, or enjoyable for human consumption. “Water conditioning” includes but is not limited to water filtration, purification, deionization, and reverse osmosis.         "Water softening" means the removal of minerals from water to render it more suitable for drinking and washing.    211.42(3) Water purification.  When performed for residential, commercial, industrial, or agricultural users, the service of water purification is subject to sales tax.       This rule is intended to implement Iowa Code section 423.2(6)“bh.”

    701—211.43(423) Security and detective services.      211.43(1) In general.  Persons engaged in the business of providing security or detective services are selling a service subject to sales tax.    211.43(2) Definitions.  For purposes of this rule:        "Detective service" means a service of investigation with the purpose to obtain information regarding any of the following subjects: crimes or wrongs done or threatened; the habits, conduct, movements, location, associations, transactions, reputation, or character of a person; credibility of witnesses or other persons; inquiry or recovery of lost or stolen property; cause, origin, or responsibility of a fire, accident, or damage to property; or veracity or falsity of any statement or representation, or means a service of investigation with the purpose to detect deception or to secure evidence to be used before an authorized investigation committee, before boards of award or arbitration, or in a civil or criminal trial.        "Security service" means a service with the purpose to protect property from theft, vandalism, or destruction or individuals from physical attack or harassment. “Security service” includes but is not limited to the rental of guard dogs; burglar or fire alarms; providing security guards, bodyguards or mobile patrols; or the protection of computer systems against unauthorized access.    211.43(3) Exempt.  The sales price of the following services or activities are not subject to sales tax under this rule:    a.    Peace officer engaged privately in security or detective work with the knowledge and consent of the chief executive officer of the peace officer’s law enforcement agency.    b.    Person employed full- or part-time by an employer in connection with the affairs of the employer.    c.    Attorney licensed to practice law in Iowa while performing duties as an attorney.    d.    Person engaged exclusively, either as an employee or independent contractor, in conducting investigations and adjustments for insurance companies.    e.    Person serving notice or any other document to a party, witness, or any other individual in connection with any criminal, civil, or administrative litigation.    f.    Solicitation of a debtor to pay or collect payment for a debt.    g.    Consulting, rendering advice, or providing training with regard to security or detection matters.    h.    Charges for mileage, travel expenses, lodging, meal expenses, fees paid for records, and amounts paid for information if those charges are separately identified, separately billed, and reasonable in amount.       This rule is intended to implement Iowa Code section 423.2(6)“as.”

    701—211.44(423) Solid waste collection and disposal services.      211.44(1) In general.  Persons engaged in the business of solid waste collection and disposal are selling a service subject to sales tax.    211.44(2) Definitions.  For purposes of this rule:        "Nonresidential commercial operation" means any operation that is an industrial, commercial, agricultural, or mining operation, whether for profit or not. “Commercial” refers to those involved in the buying and selling of goods and services, rather than just meaning a for-profit operation.
    1. “Nonresidential commercial operation” includes but is not limited to hotels, motels, restaurants, realtors, professional firms (doctors, lawyers, accountants, or dentists), repair persons, persons selling and renting all sorts of tangible personal property, persons selling insurance of any kind, appraisers, skilled trades (e.g., plumbers, carpenters, and electricians), construction contractors, banks, savings and loans, barbers and beauticians, day care centers, counseling services, employment agencies, janitorial services, landscapers, painters, pest control, photography, printing, and storage services. Also included within the meaning of nonresidential commercial operation are the United Way, the American Cancer Society, the Elks, Masons, houses of worship (e.g., churches, synagogues, and mosques), and not-for-profit hospitals that are not licensed under Iowa Code chapter 135B.
    2. “Nonresidential commercial operation” does not include apartment complexes, mobile home parks, manufactured home communities, and single-family or multifamily dwellings. Also excluded from the meaning are nonprofit hospitals licensed pursuant to Iowa Code chapter 135B.
            "Recyclable material" includes but is not limited to used motor oil, paper, glass, metals (e.g., copper, aluminum, and iron), and batteries, as long as the recycled materials are separated from the solid waste for the purpose of recycling the materials.        "Recycling facilities" means facilities where recyclable materials are separated or processed for the purpose of reusing a material in its original form or using it in a manufacturing process that will not cause the destruction of the recyclable material to preclude its further use. A facility that produces insulation from used glass would qualify as a recycling facility under this rule, while a facility that separates or processes recyclable materials for use as fuel would not qualify as a recycling facility under this rule.        "Solid waste" means the same as defined in Iowa Code section 423.2(7).
        211.44(3) Nonresidential commercial operations.  Counties, municipalities, and cities that provide the service of solid waste collection and disposal to nonresidential commercial operations are obligated to collect and remit the tax from these services. Additionally, any person who has contracted to provide solid waste collection and disposal service to a city or municipality is obligated to collect and remit the tax from those services provided to nonresidential commercial operations located within that city or municipality. If the solid waste collection and disposal service is rendered to multiple businesses or organizations, tax must be collected and remitted only on those portions that meet the definition of nonresidential commercial operations.    211.44(4) Bundled transaction of solid waste collections and disposal services.  701—Chapter 206 contains more information on bundled transactions regarding when both taxable and nontaxable solid waste collection and services are provided to a customer.    211.44(5) Disposal or tipping charges.      a.    Taxable.Charges for disposal or tipping of solid waste are also subject to sales tax. Persons or businesses who transport their own solid waste and persons who transport, without compensation, solid waste generated by another must pay the required tax upon the disposal or tipping charge or fee imposed by the collection or disposal facility.    b.    Exempt.Charges or fees imposed for the service of collecting and managing recyclable material separated by solid waste by a waste generator are not subject to sales tax.     211.44(6) Recycling facilities.  The sales price of the service of solid waste collection and disposal provided to recycling facilities that separate or process recyclable materials is not subject to sales tax if, as a result of the separation or processing, the volume of the waste collected is reduced by 85 percent and the waste is collected and disposed of separately from other solid waste.       This rule is intended to implement Iowa Code section 423.2(7).

    701—211.45(423) Sewage services.      211.45(1) In general.  Persons engaged in providing sewage service to nonresidential commercial operations are selling a service subject to sales tax.    211.45(2) Definitions.  For purposes of this rule:        "Agricultural operation" means any enterprise engaged in the raising of crops or livestock for market on an acreage.        "Industrial operation" means a business that purchases or rents machinery or equipment eligible for the Iowa sales and use tax exemption for industrial machinery and equipment.         "Mining operation" means a business engaged in underground mining, strip mining, or quarrying.        "Nonresidential commercial operation" means the same as defined in rule 701—211.44(423).        "Sewage services" means the services of collecting rainwater, liquid and solid refuse, or excreta for drainage or purification by means of pipes, channels, or conduits usually placed underground.     211.45(3) Nonresidential commercial operations.  Counties, municipalities, sanitary districts, or any other person providing sewage service to nonresidential commercial operations are obligated to collect and remit the applicable Iowa sales tax. Any person or entity that has contracted to provide sewage services to a county or municipality is obligated to collect and remit the applicable Iowa sales tax performed for the county or city on behalf of the nonresident commercial operations located within that county or city.       This rule is intended to implement Iowa Code section 423.2(6)“at.”

    701—211.46(423) Aircraft rental.      211.46(1) In general.  Persons engaged in the business of renting aircraft for 60 days or less are selling a service subject to sales tax.    211.46(2) Definition.  For purposes of this rule:        "Aircraft" means the same as defined in Iowa Code section 328.1. “Aircraft” also includes any drone aircraft or any aircraft transporting only the pilot.       This rule is intended to implement Iowa Code section 423.2(6)“bf.”

    701—211.47(423) Sign construction and installation.      211.47(1) In general.  Persons engaged in the business of constructing and installing signs are selling a service subject to sales tax.    211.47(2) Definition.  For purposes of this rule:        "Sign" means notices erected and maintained for the purpose of providing information, notices, markers, and the advertising of products or services. Signs include but are not limited to billboards, indoor or outdoor sign devices, and any structure erected and maintained for the purpose of conveying information.       This rule is intended to implement Iowa Code section 423.2(6)“aw.”

    701—211.48(423) Swimming pool cleaning and maintenance.  Persons engaged in the business of cleaning or maintaining a swimming pool are selling a service subject to sales tax.       This rule is intended to implement Iowa Code section 423.2(6)“ay.”

    701—211.49(423) Taxidermy.      211.49(1) In general.  Persons engaged in the business of taxidermy are selling a service subject to sales tax.    211.49(2) Definition.  For purposes of this rule:        "Taxidermy" means the art or operation of preparing, stuffing, or mounting the skin, head, carcass, or part of a carcass of a dead animal.       This rule is intended to implement Iowa Code section 423.2(6)“ba.”

    701—211.50(423) Dating services.      211.50(1) In general.  Persons engaged in providing dating services are selling a service subject to sales tax.    211.50(2) Definition.  For purposes of this rule:        "Dating service" means the service of providing an opportunity for individuals to meet and interact socially with the possibility of forming a relationship. Dating services include but are not limited to the services of those who provide an opportunity for individuals to describe themselves to and meet potential partners through escort services, smartphone applications, online websites and applications, and videotapes. Excluded from the definition are marriage matchmakers, telephone numbers that only provide opportunities for conversation rather than in-person interaction, and advertisements in newspapers or magazines soliciting companionship.       This rule is intended to implement Iowa Code section 423.2(6)“n.”

    701—211.51(423) Personal transportation service.      211.51(1) Personal transportation service defined.  “Personal transportation service” means the arrangement or provision of transportation of a person or persons for consideration, regardless of whether the person or entity providing such service supplies or uses a vehicle in conjunction with the service. “Personal transportation service” includes but is not limited to the following:    a.    Transportation services provided by a human driver, including but not limited to drivers with a Class C, Class D endorsement 3, or Class M license, or by a chauffeur as defined in Iowa Code section 321.1(8). Examples of such services include but are not limited to taxi services, driver services, limousine services, bus services, shuttle services, and rides for hire;    b.    Transportation services provided by a nonhuman driver, autonomous vehicle, or driverless vehicle; and    c.    Ride sharing services, including but not limited to use of a network to connect transportation network company riders to transportation network company drivers who provide prearranged rides as defined in Iowa Code section 321N.1(4).    211.51(2) Tax imposed; sourcing.  The sales price from the sale of personal transportation service in Iowa is subject to Iowa sales tax. The tax is imposed if the personal transportation service is first used in Iowa and is sourced to the location at which the service is first received.    211.51(3) No tax imposed on interstate motor carrier transportation service.  Where a personal transportation service involves interstate travel by a motor carrier as defined in 49 U.S.C. Section 13102(14), no tax shall be imposed on the transaction to the extent prohibited by 49 U.S.C. Section 14505.    211.51(4) Exemption for transportation services furnished by a qualified public transit system, medical transportation service, or paratransit service.  The sales price from sales of transportation services by public transit systems, medical transportation services, or paratransit services is exempt from tax. For purposes of the exemption under Iowa Code section 423.3(106), the following definitions shall apply:        "Medical transportation" means a personal transportation service for an individual to travel to a health care provider for the individual’s medical care. Medical transportation is not limited to transportation services for immediate life-threatening or serious injuries.        "Paratransit service" means a personal transportation service provided to individuals with disabilities.        "Public transit system" means a public transit system as defined in Iowa Code section 324A.1(4).       This rule is intended to implement Iowa Code sections 423.2(6)“ac” and 423.3(106).

    701—211.52(423) Information services.      211.52(1) In general.  Persons engaged in the business of providing access to information services provided through any tangible or electronic medium are selling a service subject to sales tax.    211.52(2) Definition.  For purposes of this rule:        "Information services" means the same as defined in Iowa Code section 423.1(22A).    211.52(3) Taxable examples.  Examples of information services include but are not limited to database files, research databases, genealogical information, mailing lists, subscription files, credit reports, surveys, real estate listings, bond rating reports, abstracts of title, bad check lists, broadcasting rating services, wire services, price lists or guides, scouting reports, and other similar items of compiled information prepared for a particular customer.     211.52(4) Nontaxable examples.  “Information services” does not include the furnishing of artwork (including musical compositions and films), drawings, illustrations, or other graphic material or information prepared for general dissemination to the public in the form of books, magazines, newsletters, videotapes or audiotapes, compact discs, or any other medium commonly used to communicate with large numbers of customers. The sale of a book, magazine, or similar item is not the sale of an information service, even if the item contains material of practical use (e.g., in conducting a private, for-profit business) to its purchaser. These items sold in digital formats may be taxable as a specified digital product.        This rule is intended to implement Iowa Code section 423.2(6)“br.”

    701—211.53(423) Software as a service.      211.53(1) In general.  Persons engaged in the business of providing software as a service are selling a service subject to sales tax. The content or material accessed by way of software as a service does not impact the taxability of the software itself.    211.53(2) Definitions.  For purposes of this rule:        "Software as a service" means the sale, storage, use, or other consumption of vendor-hosted computer software, such as but not limited to software accessible on the cloud. “Software as a service” does not include services commonly understood to constitute “infrastructure as a service” but may include what is described as “platform as a service” based on the facts and circumstances relating to that particular service. A relevant declaratory order, In the Matter of study.com, LLC, Iowa Dep’t of Revenue Declaratory Order No. 2020-310-2-0649 (Apr. 20, 2021), provides further discussion of software as a service.        "Vendor-hosted computer software" means computer software that is accessed through the Internet or a vendor-hosted server whether the access is permanent or temporary, whether any downloading occurs, or whether the software is hosted by the retailer of the software or by a third party.     211.53(3) Exemptions.  Software as a service may be exempt from sales tax in accordance with Iowa Code section 423.3(104) and rule 701—225.8(423).       This rule is intended to implement Iowa Code section 423.2(6)“bu.”

    701—211.54(423) Video game services and tournaments.      211.54(1) In general.  Persons engaged in the business of providing video game services and tournaments are selling a service subject to sales tax. Taxable services relating to video game tournaments include fees paid for participating in such tournaments and related services as well as observing a video game tournament. Participation in or observation of such tournaments is taxable regardless of whether or not a prize is provided to any participants.    211.54(2) Definitions.  For purposes of this rule:        "Video games" means any virtual, digital, or electronic game in which a user interacts with a user interface to generate visual feedback on a video device such as a computer monitor, television screen, or mobile device. Video games may be transferred through any physical or electronic medium, including by cartridge, disc, or electronic file, or through access to any server or network of servers.        "Video game services" means providing access to video games, support and account services, in-game currency exchanges, payment processing services, and any other service related to the hosting or provision of video games.         "Video game tournament" means an event where participants compete in the playing of video games. Participants may be playing video games by being physically present in the same location or playing remotely.        This rule is intended to implement Iowa Code section 423.2(6)“bt.”

    701—211.55(423) Services related to specified digital products or software sold as tangible personal property.      211.55(1) In general.  Persons engaged in the business of providing services arising from or related to installing, maintaining, servicing, repairing, operating, upgrading, or enhancing specified digital products or software sold as tangible personal property are selling a service subject to sales tax.    211.55(2) Definition.          "Specified digital products" means the same as defined in Iowa Code section 423.1.    211.55(3) Exemption.  Services arising from or related to installing, maintaining, servicing, repairing, operating, upgrading, or enhancing specified digital products or software sold as tangible personal property may be exempt from sales tax in accordance with Iowa Code section 423.3(104) and rule 701—225.8(423).       This rule is intended to implement Iowa Code section 423.2(6)“bs.”

    701—211.56(423) Storage of tangible or electronic files, documents, or other records.      211.56(1) In general.  Persons engaged in the business of providing storage of tangible or electronic files, documents, or other records are selling a service subject to sales tax.    211.56(2) Exemption.  Storage of tangible or electronic files, documents, or other records may be exempt from sales tax in accordance with Iowa Code section 423.3(104) and rule 701—225.8(423).       This rule is intended to implement Iowa Code section 423.2(6)“bq.”

        ITEM 4.    Adopt the following new rule 701—213.27(423):

    701—213.27(423) Webinars.      213.27(1) In general.  Webinars are generally taxable as specified digital products. Specifically, webinars fall into the “other digital products” category as a news or information product. Purchasing access to a live or pre-recorded webinar, even if the webinar’s purpose is educational or otherwise, is not treated as purchase of a service.     213.27(2) Nontaxable live webinars with virtual participation.  Purchases of access to a live webinar, meaning access to viewing a presentation occurring in real time, are not always subject to sales tax. Attending a presentation in person, if it is not an admission to an amusement, is generally not taxable under Iowa law. Similarly, purchasing access to a live webinar is not taxable if the live webinar allows for a level of participation that is substantially similar to an in-person presentation.    213.27(3) Exemptions.  Since purchases of webinars are taxable as specified digital products, any sales tax exemptions that apply to specified digital products may also apply to webinars.       This rule is intended to implement Iowa Code section 423.1(55B).

        ITEM 5.    Adopt the following new rule 701—214.21(423):

    701—214.21(423) Farm implement repair of all kinds.      214.21(1) In general.  Persons engaged in the business of repairing, restoring, or renovating implements, tools, machines, vehicles, or equipment used in the operation of farms, ranches, or acreages on which crops of all kinds are grown and on which livestock, poultry, or fur-bearing animals are raised or used for any purpose are selling a service subject to sales tax.     214.21(2) Installation not taxable.  Those services relating to the installation of new parts or accessories which are not replacements are not taxable.       This rule is intended to implement Iowa Code section 423.2(6)“r.”

        ITEM 6.    Adopt the following new rule 701—214.22(423):

    701—214.22(423) Warehousing of raw agricultural products.      214.22(1) In general.  The sales price on the warehousing of raw agricultural products is subject to sales tax unless the warehousing of raw agricultural products is storage in transit and has a destination outside of Iowa, regardless of whether the raw agricultural products originated within or outside of Iowa. Because the tax imposed by Iowa Code section 423.2(6)“ax” is imposed on the warehousing and not the sale of raw agricultural products, the interstate commerce exceptions found in Iowa Code section 423.3 do not apply.    214.22(2) Definition.  For purposes of this rule:        "Raw agricultural products" include but are not limited to corn, beans, oats, milo, fruits, vegetables, animal semen, and like items that have not been subjected to any form of processing. For purposes of this rule, grain drying is not considered processing.    214.22(3) Other charges.  Other charges relating to warehousing of raw agricultural products may be subject to sales tax when separately invoiced. 701—Chapter 205 contains more information about bundled transactions.    214.22(4) Transit warehouses.  The warehousing of raw agricultural products to be delivered within Iowa is subject to sales tax, while the warehousing of those products placed into interstate commerce is not subject to sales tax.    a.    Formula.Transit warehouses may compute the tax on warehousing fees based upon a formula consisting of a numerator that is the quantity of raw agricultural products housed at the warehouse with intended intrastate delivery in Iowa and a denominator that is the total quantity of raw agricultural products housed in the warehouse.    b.    Definition.For purposes of this rule:        "Transit warehouses" are those warehouses where raw agricultural products in bulk quantities are transported to and then shipped to different locations at different times.    c.    Numerator.Raw agricultural products picked up at the warehouse or delivered to a location in Iowa must be included in the numerator, even if the products may be or are subsequently delivered to a common carrier for shipment outside of Iowa.     d.    Information used to calculate tax.The information used in the formula for the computation of tax on storage fees must be, in most cases, supplied by the principal storing the products in the warehouse. The warehouse is responsible for acquiring and verifying the information used in the formula with the principal at least once every 90 days.    214.22(5) Exemptions.  Warehousing service will not be subject to sales tax if a contract for the warehousing of raw agricultural products is with a tax-certifying or tax-levying body of the state of Iowa; any instrumentality of the state, county, or municipal government; the federal government or its instrumentalities; a tribal government as defined in Iowa Code section 216A.161; or an agency or instrumentality of a tribal government if used for public purposes.    a.    Consignment to federal government.Fees for the warehousing of raw agricultural products placed into storage by a producer that are later consigned to the federal government under a loan agreement are subject to sales tax.    b.    Federal government activity.Warehousing of raw agricultural products is exempt from sales tax only if the federal government makes payment to the warehouse for warehousing and the federal government actually owns the products or goods during the time the products or goods are warehoused.       This rule is intended to implement Iowa Code sections 423.2(6)“ax” and 423.3(31).

        ITEM 7.    Amend subrule 215.8(3) as follows:    215.8(3) Exempt design and installation services.  The sales price from furnishing design and installation services, including electrical and electronic installation, of machinery and equipment the sale or rental of which is exempt under subrule 230.8(1)215.8(1) is exempt from tax. Reference rule 701—26.16(422) forRule 701—219.13(423) contains characterizations of the words “installation” and “electronic installation.”

        ITEM 8.    Amend paragraph 215.15(4)"b", definition of “Transporting for hire,” as follows:        "Transporting for hire" means the service of moving persons or property for consideration, including but not limited to the use of a “personal transportation service” as that term is described in Iowa Code section 423.2(6) and rule 701—26.80(422,423)701—211.5(423).

        ITEM 9.    Adopt the following new rule 701—216.2(423):

    701—216.2(423) Dance schools and dance studios.      216.2(1) In general.  The sales price from the services sold by dance schools or dance studios are subject to sales tax. This includes all activities, such as acrobatics, exercise, baton-twirling, tumbling, or modeling taught in dance schools or dance studios.    216.2(2) Definitions.  For purposes of this rule:        "Dance school" means any institution established primarily for the purpose of teaching one or more types of dancing.         "Dance studio" means any room or groups of rooms in which any one or more types of dancing are taught.       This rule is intended to implement Iowa Code section 423.2(6)“m.”

        ITEM 10.    Adopt the following new rule 701—216.3(423):

    701—216.3(423) Golf and country clubs and all commercial recreation.      216.3(1) Golf and country clubs.  The sales price from all services sold by a golf club or country club are subject to sales tax. All fees, dues, assessments, or other charges paid to golf clubs and country clubs are subject to sales tax.     216.3(2) Commercial recreation.      a.    In general.The sales price from all services sold by persons making recreation available to purchasers are subject to sales tax. Recreation under this rule does not include fees or charges for admission taxed under Iowa Code section 423.2(3).    b.    Definition.For purposes of this rule:        "Recreation" means activities pursued for pleasure. Recreation includes all activities that promote physical fitness, including but not limited to sports, games, exercise classes, martial arts classes, and swim classes. Recreation includes instructional classes pursued for pleasure unrelated to fitness or athletics, including but not limited to pottery classes, cooking classes, and music lessons. Recreation also includes activities without any instructional element, such as hunting or fishing ranges or camps. Elements that do not determine whether or not an activity is recreation include whether an instructor leads an activity or class, the level of training or ability the instructor has, and the location of the activity.       This rule is intended to implement Iowa Code section 423.2(6)“v.”

        ITEM 11.    Adopt the following new rule 701—216.4(423):

    701—216.4(423) Campgrounds.      216.4(1) In general.  Persons engaged in the business of renting campground sites are selling a service subject to sales tax, regardless of the duration of the rental. This includes the sales price for the operation of a campground and the use of a campground site.    216.4(2) Definition.  For purposes of this rule:        "Campground" is any location at which sites are provided for persons to place their own temporary shelter, such as a tent, travel trailer, or motorhome. “Campground” does not include any hunting, fishing, or other type of camp where accommodations are provided, though such camps are likely subject to sales tax as commercial recreation under rule 701—216.3(423).    216.4(3) Related charges.  The sale price of charges, whether mandatory or optional, imposed on persons using a campground site that are subject to sales tax include but are not limited to entry fees, utility (electric, water, sewer) fees, fees for the use of swimming pools or showers, and fees for extra persons or vehicles.     216.4(4) Public parks.      a.    The sales price for the use of a state park as a campground is subject to sales tax; however, the sales price for the use of a county or municipal park as a campground is not subject to sales tax.     b.    The sales price of vehicle entry fees into any state, county, or municipal park, commonly called “park user fees,” is not subject to sales tax.       This rule is intended to implement Iowa Code section 423.2(6)“j.”

        ITEM 12.    Adopt the following new 701—Chapter 218: CHAPTER 218SERVICES RELATED TO VEHICLES

    701—218.1(423) Armored car.  Persons engaged in the business of either providing armored car service to others or converting a vehicle into an armored car are selling a service subject to sales tax. For purposes of this rule, “armored car” means a wheeled vehicle affording defensive protection by use of a metal covering or other elements of ordinance.       This rule is intended to implement Iowa Code section 423.2(6)“b.”

    701—218.2(423) Vehicle repair.      218.2(1) In general.  Persons engaged in the business of repairing vehicles are selling a service subject to sales tax. Rule 701—225.4(423) contains more information on purchases made by auto body shops.    218.2(2) Definitions.  For purposes of this rule:        "Repair" includes any type of restoration, renovation or replacement of any motor, engine, working parts, accessories, body, or interior of a vehicle. “Repair” does not include the installation of new parts or accessories, which are not replacements, added to a vehicle.        "Vehicle" means the same as defined in Iowa Code section 321.1(90).     218.2(3) Disposal fees.  Fees charged with the disposal of any item in connection with the performance of this service is subject to sales tax if the disposal fee of the item is not separately contracted for or itemized in the billing of the repair service. If the disposal fee is itemized or separately contracted for, the disposal fee is not subject to sales tax. Items that may be subject to disposal fee include but are not limited to air filters, batteries, oil, or tires.        This rule is intended to implement Iowa Code section 423.2(6)“c.”

    701—218.3(423) Motorcycle, scooter, and bicycle repair.      218.3(1) In general.  Persons engaged in the business of repairing motorcycles, scooters, and bicycles are selling a service subject to sales tax.    218.3(2) Definitions.  For purposes of this rule:        "Bicycle" includes human-powered bicycles and electric bicycles.         "Motorcycle" includes autocycles.        "Repair" means the same as defined in rule 701—211.1(423).        This rule is intended to implement Iowa Code section 423.2(6)“ag.”

    701—218.4(423) Battery, tire, and allied.      218.4(1) Batteries in general.  Persons engaged in the business of installing, repairing, maintaining, restoring, or recharging batteries and any services related to or connected therewith are selling a service subject to sales tax.    218.4(2) Tires in general.  Persons engaged in the business of installing, repairing, or maintaining tires and any services related to or connected therewith are selling a service subject to sales tax.    218.4(3) Disposal fees.  Disposal fees charged in connection with the performance of the services identified in this rule are subject to sales tax if the disposal fee is not itemized or separately contracted for in the billing for the charge of the service. If the disposal fee charged in connection with the performance of the services identified in this rule are itemized or separately contracted for, then the disposal fee is not subject to sales tax. Items that may be subject to disposal fee include but are not limited to air filters, oil, tires, and batteries.       This rule is intended to implement Iowa Code sections 423.2(6)“d” and 423.2(7)“a”(1).

    701—218.5(423) Boat repair.      218.5(1) In general.  Persons engaged in the business of repairing watercraft are selling a service subject to sales tax.    218.5(2) Definitions.  For purposes of this rule:        "Repair" means the same as defined in rule 701—211.1(423).         "Watercraft" means the same as defined in Iowa Code section 462A.2.       This rule is intended to implement Iowa Code section 423.2(6)“h.”

    701—218.6(423) Vehicle wash and wax.      218.6(1) In general.  Persons engaged in the business of vehicle washing and waxing are selling a service subject to sales tax, whether performed by hand, machine, or coin-operated device. Rule 701—225.7(423) contains more information on purchases of inputs in vehicle wash and wax services.    218.6(2) Definition.  For purposes of this rule:        "Vehicle" means the same as defined in Iowa Code section 321.1(90).        This rule is intended to implement Iowa Code section 423.2(6)“i.”

    701—218.7(423) Wrecker and towing.      218.7(1) In general.  Persons engaged in the business of towing any vehicle are selling a service subject to sales tax. Included in this are services charges for a person to travel to any place to lift, extricate, tow, or salvage a vehicle.    218.7(2) Definitions.  For purposes of this rule:        "Towing" includes any means of pushing, pulling, carrying, or freeing any vehicle from mud, snow, or any other impediment, including any incidental hoisting. “Towing” does not include transporting operable vehicles from one location to another when no operative aspect of the vehicle is integral to the transporting.        "Vehicle" means the same as defined in Iowa Code section 321.1(90).        This rule is intended to implement Iowa Code sections 423.1(7) and 423.2(6)“bn.”

    701—218.8(423) Flying service.      218.8(1) In general.  Persons engaged in the business of teaching a course of instruction in the art of operation and flying of an airplane, and instructions in repairing, renovating, reconditioning an airplane, or any other related service are selling a service subject to sales tax.    218.8(2) Not included.  Flying services do not include those relating to agricultural aerial application, those relating to aerial commercial and chartered transportation services, and those services exempted by rule 701—211.2(423).    218.8(3) Flight instruction charges.  Charges relating to flight instruction can be taxable or nontaxable. Taxable charges include but are not limited to the sales price for the following:    a.    Instructors’ services, ground instruction, and ground school.    b.    Students learning to fly with an instructor and dual flying.    c.    Rental of a plane. Rule 701—211.47(423) contains more information.       This rule is intended to implement Iowa Code section 423.2(6)“s.”

        ITEM 13.    Adopt the following new subrules 219.13(6) to 219.13(14):    .(6) Carpentry repair or installation.  Persons engaged in the business of carpentry, as the trade is known in the usual course of business, are selling a service subject to sales tax, regardless of whether they perform repair or installation. The carpentry services can be conducted on or within real or personal property.    .(7) Roof, shingle, and glass repair.  Persons engaged in the business of repairing, restoring, or renovating roofs or shingles or restoring or replacing glass, whether the glass is personal property or affixed to real property, are selling a service subject to sales tax.    .(8) Electrical and electronic repair and installation.      a.    In general.Persons engaged in the business of repairing or installing electrical wiring, fixtures, or switches in or on real property, or repairing or installing any article of tangible personal property powered by electric current, are selling a service subject to sales tax. This includes installation of semiconductors, such as vacuum tubes, transistors, or integrated circuits, or installation or repair of machinery or equipment that functions mainly through the use of semiconductors.    b.    New machinery or equipment.The sales price of the electrical or electronic installation is exempt from tax if the sales price is charged for the installation of new machinery or equipment.    c.    Definition.For purposes of this subrule:        "Installation" includes affixing electrical wiring, fixtures or switches to real property; affixing any article of personal property powered by electric current to any other article of personal property; or making any article of personal property powered by electric current operative with respect to its intended function or purpose.    .(9) Excavating and grading.       a.    In general.Persons engaged in the business of excavating and grading are selling services subject to sales tax.    b.    Definitions.For purposes of this subrule:        "Excavation" means the digging, hauling, hollowing out, scooping out or making of a cut or hole in the earth. “Excavation” ordinarily includes not only the digging down into the earth but also the removal of whatever material or substance is found beneath the surface.        "Grading" means a physical change of the earth’s structure by scraping and filling in the surface to reduce it to a common level. “Grading” includes the reducing of the surface of the earth to a given line fixed as the grade, involving excavating, filling, or both.    .(10) Painting, papering and interior decorating.      a.    In general.Persons engaged in the business of painting, papering, and interior decorating are selling a service subject to sales tax.    b.    Definitions.For purposes of this subrule:        "Interior decoration" means the designing or decoration of the interior of houses or buildings, counseling with respect to such design or decoration, or the procurement of furniture fixtures or home or building decorations.        "Painting" means the covering of both interior and exterior surfaces of tangible personal or real property with a coloring matter and mixture of a pigment or sealant, with some suitable liquid to form a solid adherent when spread on the surface in thin coats for decoration, protection, or preservation purposes. This includes all necessary preparations, including surface preparation. “Painting” does not include automobile undercoating, the coating of railroad cars, storage tanks, or the plating of tangible personal property with metal such as but not limited to chromium, bronze, tin, galvanized metal, or platinum.        "Papering" means the application of wallpaper or wall fabric to the interior of a house or building and any necessary preparations, including surface preparation.    c.    Incidental service.When a person provides interior decorating services without charge, incidental to the sale of real or tangible personal property, no sales tax shall be charged in addition to the tax paid on the sales price or any part thereof of the real or tangible personal property.    .(11) Pipe fitting and plumbing.      a.    In general.Persons engaged in the business of pipe fitting and plumbing are selling a service subject to sales tax.    b.    Definition.For purposes of this rule:        "Pipe fitting and plumbing" means the trade of fitting, threading, installing, and repairing pipes, fixtures, or apparatus used for heating, refrigeration, or air conditioning, or concerned with the introduction, distribution, and disposal of a natural or artificial substance.    .(12) Wood preparation.      a.    In general.Persons engaged in the business of wood preparation or treatment for others are selling a service subject to sales tax.    b.    Definition.For purposes of this rule:        "Wood preparation" includes all processes whereby wood is sawed from logs in measured dimensions, planed, sanded, oiled, or treated in any manner before being used to repair an existing structure or create or become a part of a new structure. If such preparation is engaged solely for the purpose of processing lumber or wood products for ultimate sale at retail, such preparation may not be deemed as selling a service subject to sales tax.    .(13) Well drilling.  Persons engaged in the business of well drilling are selling a service subject to sales tax.    .(14) Landscaping.  Landscaping services performed on or in connection to new construction, reconstruction, alteration, expansion, or the remodeling of a building or structure are not subject to sales tax. Rule 701—211.39(423) contains more information about landscaping services.

        ITEM 14.    Amend subrule 219.21(1) as follows:    219.21(1) Exempt lease or rental of machinery and equipment.  On and after July 1, 2004, theThe sales price on the lease or rental only of the following types of machinery and equipment is exempt from tax: all machinery, equipment, and replacement parts directly and primarily used by contractors, subcontractors, and builders for new construction, reconstruction, alterations, expansion, or remodeling of real property or structures and all machinery, equipment, and replacement parts which improve the performance, safety, operation, or efficiency of the equipment and replacement parts so used. A contractor’s, subcontractor’s, or builder’s purchases of this equipment would continue to be taxable, as would a lessor’s purchases of machinery, equipment, or replacement parts for subsequent exempt rental to a contractor, subcontractor, or builder. Reference rule 701—26.18(422,423) for an extensive explanation of this matter.

        ITEM 15.    Adopt the following new rule 701—219.22(423):

    701—219.22(423) House and building moving.  Persons engaged in the business of moving houses or buildings from one location to another, for any reason, are selling a service subject to sales tax. The sales price from this service is not considered a transportation charge.       This rule is intended to implement Iowa Code section 423.2(6)“x.”

        ITEM 16.    Amend 701—Chapter 219, implementation sentence, as follows:       These rules are intended to implement 2005 Iowa Code subsectionssections 423.1(42), 423.2(1)“b” and “c,” 423.2(6),423.3(37), 423.3(64),423.3(85), and 423.5(2) and 2005 Iowa Code Supplement subsections 423.3(37) and 423.3(85).

        ITEM 17.    Rescind and reserve rule 701—220.13(423).

        ITEM 18.    Rescind and reserve rule 701—225.2(423).

        ITEM 19.    Amend rule 701—225.7(423), implementation sentence, as follows:       This rule is intended to implement 2011 Iowa Code Supplement section 423.3 as amended by 2012 Iowa Acts, Senate File 2342, section 13Iowa Code section 423.3(98).    [Filed 11/9/22, effective 1/4/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
    ARC 6705CTransportation Department[761]Adopted and Filed

    Rule making related to the quotation process for governmental entities for public improvement for vertical infrastructure

        The Transportation Department hereby amends Chapter 180, “Public Improvement Quotation Process for Governmental Entities for Vertical Infrastructure,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 314.1A.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 26.2 and 314.1A.Purpose and Summary    These amendments add a new definition of “public improvement for vertical infrastructure” and remove unneeded definitions for “public improvement” and “repair or maintenance work” because the terms are no longer used within Chapter 180. The title of the chapter and wording within the chapter are amended to coordinate with the changes made to the definitions. Also, rule 761—180.4(314) is rescinded; this rule is no longer needed because of the other changes being made.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 5, 2022, as ARC 6576C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Department on November 9, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 4, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Amend 761—Chapter 180, title, as follows:PUBLIC IMPROVEMENT QUOTATION PROCESS FOR GOVERNMENTAL ENTITIES FORPUBLIC IMPROVEMENT FOR VERTICAL INFRASTRUCTURE

        ITEM 2.    Amend rule 761—180.1(314) as follows:

    761—180.1(314) Purpose.  The purpose of these rules is to prescribe the manner by which governmental entities shall administer competitive quotations forcontracts pertaining to a public improvement contracts for vertical infrastructure, in accordance with Iowa Code section 26.14.

        ITEM 3.    Amend rule 761—180.3(26,314) as follows:

    761—180.3(26,314) Definitions.          "Estimated total cost of a public improvement" meansthe same as defined in Iowa Code section 26.2.        "Governmental entity" meansthe same as defined in Iowa Code section 26.2.        "Public improvement" means as defined in Iowa Code section 26.2.        "Repair or maintenance work" means as defined in Iowa Code section 26.2.        "Responsible quotation" means a quotation submitted by a contractor who is capable of performing the work. To be considered responsible, the contractor must possess the necessary financial and technical capability to perform the work, as well as the ability to complete the work as demonstrated by past performance or other appropriate considerations.        "Responsive quotation" means a quotation in which the contractor agrees to do everything required by the governmental entity’s solicitation of quotations and by the plans and specifications and other related documents, without any conditions, qualifications or exclusions.        "VerticalPublic improvement for vertical infrastructure" means buildings, all appurtenant structures, utilities, incidental street improvements including sidewalks, site development features, recreational trails, and parking facilities. Vertical infrastructure does not include any work constructed in conjunction with those matters excluded from the definition ofis a “public improvement”as defined in Iowa Code section26.2(3)“a” and “b” but excludes those improvements in Iowa Code section26.2(3)“b”(1) to (6).

        ITEM 4.    Rescind and reserve rule 761—180.4(314).

        ITEM 5.    Amend subrule 180.5(1) as follows:    180.5(1)   A governmental entity shall solicit competitive quotations for a public improvementfor vertical infrastructure when the estimated total cost of the public improvementfor vertical infrastructure exceeds the competitive quotation threshold established in Iowa Code section 26.14, as adjusted pursuant to Iowa Code section 314.1B, but is less than the competitive bid threshold established in Iowa Code section 26.3, as adjusted pursuant to Iowa Code section 314.1B. The adjusted thresholds are published on the department’s website at www.iowadot.gov.    [Filed 11/9/22, effective 1/4/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
    ARC 6706CTransportation Department[761]Adopted and Filed

    Rule making related to third-party commercial driver’s license testers

        The Transportation Department hereby amends Chapter 607, “Commercial Driver Licensing,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 321.187 as amended by 2022 Iowa Acts, Senate File 2337.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 321.187 as amended by 2022 Iowa Acts, Senate File 2337.Purpose and Summary    This rule making updates Chapter 607 to conform the rules with 2022 Iowa Acts, Senate File 2337. This legislation amends Iowa Code section 321.187 to authorize public transit systems and regional public transit systems to be third-party commercial driver’s license (CDL) testers, and to allow all third-party testers to administer the CDL knowledge test in addition to the CDL skills test. Under this legislation, any CDL knowledge or skills test offered by a third party must be the same as the test administered by the Department.    The amendments provide that public and regional transit systems may be certified by the Department to be third-party CDL testers and allow all third-party testers to be certified by the Department to administer CDL knowledge tests in addition to CDL skills tests. These amendments adopt definitions for “knowledge test,” “public transit system” and “regional transit system” and amend a few existing definitions to align with the definitions amended within Iowa Code section 321.187. To implement and align the existing rules with the expanded third-party testing functions, the amendments update references to skills testing to include knowledge testing and update references to the Federal Motor Carrier Safety Regulations in 49 CFR Parts 383 and 384.    The rule making also clarifies that the existing requirement to maintain a $50,000 bond is applicable only to a third-party tester that is not a government agency in accordance with federal regulations.    The amendments add a new paragraph concerning the revocation of a certificate of authority issued by the Department to a third-party knowledge test examiner if the examiner does not meet certain minimum federal requirements relating to examiner qualifications, training and protocols for suspected fraudulent activity. These amendments also require the Department to revoke the certificate of authority for a third-party test examiner to administer knowledge or skills tests if the examiner fraudulently administers either type of test.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 21, 2022, as ARC 6519C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Department on November 9, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa beyond any impact anticipated by the legislation. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 4, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 761—607.30(321) as follows:

    761—607.30(321) Third-party testing.      607.30(1) Purpose and definitions.  Theknowledge tests required by rule 761—607.27(321) and the skills test required by rule 761—607.28(321) may be administered by third-party testers and third-party skills test examiners approved and certified by the department. For the purpose of administering third-party skills testing and this rule, the following definitions shall apply:        "Community college" means an Iowa community college established under Iowa Code chapter 260C.        "Iowa-based motor carrier" means a motor carrier or its subsidiary that has its principal place of business in the state of Iowa and operates a permanent commercial driver training facility in the state of Iowa.        "Iowa nonprofit corporation" means a nonprofit corporation that serves as a trade association for Iowa-based motor carriers.        "Knowledge test" means the knowledge tests required by rule 761—607.27(321).        "Motor carrier" means the same as defined in 49 CFR Section 390.5.        "Permanent commercial driver training facility" means a facility dedicated to a program of commercial driving instruction that is offered to employees or potential employees of the motor carrier as incident to the motor carrier’s commercial operations, that requires at least 40 hours of instruction, and that includes fixed and permanent structures and facilities for the off-road portions of commercial driving instruction, including classroom, pretrip inspection, and basic vehicle control skills. A permanent commercial driver training facility must include a fixed and paved or otherwise hard-surfaced area for basic vehicle control skills testing that is permanently marked and capable of inspection and measurement by the department.        "Public transit system" means the same as defined in Iowa Code section 324A.1.        "Regional transit system" means the same as defined in Iowa Code section 324A.1.        "Skills test" means the skills test required by rule 761—607.28(321).        "Subsidiary" means a company that is partly or wholly owned by a motor carrier that holds a controlling interest in the subsidiary company.        "Third-party skills test examiner" means the same as defined in 49 CFR Section 383.5Iowa Code section 321.187 as amended by 2022 Iowa Acts, Senate File 2337.        "Third-party tester" means the same as defined in 49 CFR Section 383.5Iowa Code section 321.187 as amended by 2022 Iowa Acts, Senate File 2337.    607.30(2) Certification of third-party testers.      a.    The department may certify as a third-party tester a community college, Iowa-based motor carrier,or Iowa nonprofit corporation, public transit system or regional transit system to administerknowledge tests and skills tests. A community college, Iowa-based motor carrier,or Iowa nonprofit corporation, public transit system or regional transit system that seeks certification as a third-party tester shall contact the motor vehicle division and schedule a review of the proposed testing program, which shall include the proposed testing courses and facilities, information sufficient to identify all proposed third-party skills test examiners, and any other information necessary to demonstrate compliance with 49 CFR Section 383.75Parts 383 and 384 applicable to knowledge and skills testing.    b.    No community college, Iowa-based motor carrier,or Iowa nonprofit corporation, public transit system or regional transit system shall be certified to conduct third-party testing unless and until the community college, Iowa-based motor carrier,or Iowa nonprofit corporation, public transit system or regional transit system enters an agreement with the department that meets the requirements of 49 CFR Section 383.75 and demonstrates sufficient ability to conductknowledge and skills tests in a manner that consistently meets the requirements of 49 CFR Section 383.75Parts 383 and 384 applicable to knowledge and skills testing.    c.    The department shall issue a certified third-party tester a certificate of authority that identifies the classes and types of vehicles for whichknowledge and skills tests may be administered. The certificate shall be valid for the duration of the agreement executed pursuant to paragraph 607.30(2)“b,” unless revoked by the department for engaging in fraudulent activities related to conductingknowledge and skills tests or failing to comply with the requirements, qualifications, and standards of this chapter, the agreement, or 49 CFR Section 383.75Parts 383 and 384 applicable to knowledge and skills testing.    607.30(3) Certification of third-party skills test examiners.      a.    A certified third-party tester shall not employ or otherwise use as a third-party skills test examiner a person who has not been approved and certified by the department to administerknowledge or skills tests. Each certified third-party tester shall submit for approval the names of all proposed third-party skills test examiners to the department. The department shall not approve as a third-party skills test examiner a person who does not meet the requirements, qualifications, and standards of 49 CFR Sections 383.75 and 384.228Parts 383 and 384 applicable to knowledge and skills testing, including but not limited to all required training and examination and a nationwide criminal background check. The criteria for passing the nationwide criminal background check shall include no felony convictions within the last ten years and no convictions involving fraudulent activities.    b.    The department shall issue a certificate of authority for each person certified as a third-party skills test examiner that identifies the certified third-party tester for which the person will administerknowledge or skills tests and the classes and types of vehicles for which the person may administerknowledge or skills tests. The certificate shall be valid for a period of four years from the date of issuance of the certificate.    c.    The department shall revoke the certificateof authority for a third-party test examiner to administer skills tests if the person holding the certificate does not administer skills tests to at least ten different applicants per calendar year; does not successfully complete the refresher training required by 49 CFR Section 384.228 every four years; is involved in fraudulent activities related to conductingknowledge or skills tests; or otherwise fails to comply with and meet the requirements, qualifications and standards of this chapter or 49 CFR Sections 383.75 and 384.228Parts 383 and 384 applicable to skills testing. Notwithstanding anything in this paragraph to the contrary, as provided in 49 CFR Section 383.75, if the person does not administer skills tests to at least ten different applicants per calendar year, the certificate will not be revoked for that reason if the person provides proof of completion of the examiner refresher training in 49 CFR Section 384.228 to the department or successfully completes one skills test under the observation of a department examiner.    d.    The department shall revoke the certificate of authority for a third-party test examiner to administer knowledge tests if the person holding the certificate does not successfully complete the refresher training required by 49 CFR Section 384.228 every four years, is involved in fraudulent activities related to conducting knowledge or skills tests or otherwise fails to comply with and meet the requirements, qualifications and standards of this chapter or 49 CFR Parts 383 and 384 applicable to knowledge testing.     d.    e.    A third-party skills test examinercertified by the department to administer skills tests who is also a skills instructor shall not administer a skills test to an applicant who received skills training from that third-party skills test examiner.    e.    f.    A third-party skills test examiner may only administer CDL skills tests for the examiner’s primary employer, unless authorized by the department to administer CDL skills tests for another county or third-party tester.    607.30(4) Bond.  As a condition of certificationin accordance with 49 CFR Section 383.75, an Iowa-based motor carrier or Iowa nonprofit corporationa third-party tester that is not a government agency as defined in Iowa Code section 553.3 must maintain a bond in the amount of $50,000 to pay for the retesting of drivers in the event that the third-party tester or one or more of its third-party skills test examiners are involved in fraudulent activities related to conducting skills tests ofCDL applicants for a commercial driver’s license.    607.30(5) Limitation applicable to Iowa-based motor carriers.  An Iowa-based motor carrier certified as a third-party tester may only administer theknowledge or skills test to persons who are enrolled in the Iowa-based motor carrier’s commercial driving instruction program and shall not administerknowledge or skills tests to persons who are not enrolled in that program.    607.30(6) Training and refresher training for third-party skills test examiners.  All training and refresher training required under this rule shall be provided by the department, in form and content that meet the recommendations of the American Association of Motor Vehicle Administrators’ International Third-Party Examiner/Tester Certification Program.       This rule is intended to implement Iowa Code section 321.187as amended by 2022 Iowa Acts, Senate File 2337, section 1.

        ITEM 2.    Amend rule 761—607.31(321) as follows:

    761—607.31(321) Test results.      607.31(1) Period of validity.  Passing knowledge and skills test results shall remain valid for a period of one year.    607.31(2) Retesting.  Subject to rule 761—607.28(321), an applicant shall be required to repeat only the knowledge test(s) or part(s) of the skills test that the applicant failed. An applicant who fails a test shall not be permitted to repeat that test the same day. An applicant may be required to repeat a test if the department determines the test was improperly administered.    607.31(3) Skills test results from other states.  As required by 49 CFR Section 383.79, the department shall accept the valid results of a skills test administered to an applicant who is domiciled in the state of Iowa and that was administered by another state, in accordance with 49 CFR Part 383, Subparts F, G and H, in fulfillment of the applicant’s testing requirements under 49 CFR Section 383.71 and the state’s test administration requirements under 49 CFR Section 383.73. The results must be transmitted directly from the testing state to the department as required by 49 CFR Section 383.79.    607.31(4) SkillsKnowledge and skills test results from certified third-party testers.  A third-party skills tester certified under rule 761—607.30(321) shall transmit the skills test results of tests administered by the third-party tester through secure electronic means determined by the department. The department may retest any person who has passed aknowledge or skills test administered by a certified third-party tester if it appears to the department that theknowledge or skills test administered by the third-party tester was administered fraudulently or improperly, and as needed to meet the third-party skills test examiner oversight requirements of 49 CFR Section 383.75(a)(5)Parts 383 and 384 applicable to knowledge and skills testing.    607.31(5) Downgrade or cancellation when retesting is required.       a.    When retesting is required under subrule 607.31(2) or 607.31(4), the department shall notify the person of the requirement to retake the applicable knowledge or skills test.    b.    If the person fails to contact the department within 30 days after receipt of the notice, fails to appear for a scheduled retest, or fails the knowledge or skills test, the department shall, in accordance with the authority in 49 CFR Section 383.5 and Iowa Code section 321.201, take one of the following actions:    (1)   Downgrade the person’s commercial driver’s license or commercial learner’s permit if the person held valid noncommercial driving privileges prior to obtaining the license or permit.    (2)   Cancel the person’s commercial driver’s license or commercial learner’s permit pursuant to 761—subrule 615.7(3) if the applicant did not hold valid noncommercial driving privileges prior to obtaining the license or permit.    c.    When a person’s commercial driver’s license or commercial learner’s permit has been downgraded or canceled under this subrule, the person must comply with all applicable retesting requirements in order to regain the license or permit, in addition to any other applicable requirements for licensure.       This rule is intended to implement Iowa Code sections 321.180, 321.186, 321.187as amended by 2022 Iowa Acts, Senate File 2337, section 1, 321.188 and 321.201.
        [Filed 11/9/22, effective 1/4/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
    ARC 6709CTransportation Department[761]Adopted and Filed

    Rule making related to railroads

        The Transportation Department hereby amends Chapter 800, “Items of General Application for Railroads,” Chapter 810, “Railroad Safety Standards,” and Chapter 821, “Highway-Railroad Grade Crossing Surface Repair Fund,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 327G.24.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 312.2, 327C.4, 327C.38, 327C.41, 327G.24 and 327G.30.Purpose and Summary    This rule making corrects the name of the Modal Transportation Bureau throughout Chapters 800, 810 and 821.    The amendments to Chapter 800 correct the formatting within the definitions, require that affected railroads submit their annual reports to the Department electronically, and adopt 49 Code of Federal Regulations (CFR) Part 1152 as of October 1, 2021. Iowa Code section 327G.24 requires the Department to adopt rules consistent with the Surface Transportation Board (STB) regulation titled Abandonment and Discontinuance of Rail Lines and Rail Transportation Under 49 United States Code 10903, which is found in 49 CFR Part 1152.    The Track Safety Standards of the Federal Railroad Administration (FRA) set out safety standards that are applicable to all railroads nationwide and are found in 49 CFR Part 213. An amendment to Chapter 810 adopts 49 CFR Part 213 as of October 1, 2021. Iowa Code section 327C.4 requires the Department to inspect railroad tracks for safe operation. To accomplish this, the Department is a member of the FRA’s State Rail Safety Participation Program, which provides benefits to states in training and technical proficiency in understanding and applying federal standards.    The amendments to Chapter 821 make changes as to how the Department processes agreements to request that the jurisdiction and railroad provide cost estimates for work responsibilities. The amendments also remove the requirement for signing three copies of the agreement and update the description of how the Department provides payment to the railroad to include actual project cost.    Proposed federal regulations are published in the Federal Register (FR) to allow a period for public comment, and after adoption the final regulations are published in the FR. To ensure the consistency required by statute, the Department adopts the specified parts of 49 CFR as adopted by the STB and the FRA.    The following list provides a specific description of the amendments to the FR that have become final and effective from October 2, 2017, through October 1, 2021, and affect Chapters 800 and 810.    Part 213 (FR Vol. 84, No. 100, Pages 23730-23737, 5-23-19)    This final rule eliminates unnecessary costs and improves public access. The FRA has removed its civil penalties schedule and guidelines from the CFR and instead publishes them on the FRA website. Effective date: May 23, 2019.    Part 213 (FR Vol. 85, No. 195, Pages 63362-63392, 10-7-20)    This final rule revises FRA regulations governing the minimum safety requirements for railroad track. The changes include allowing inspection of rail using continuous rail testing, allowing the use of flange-bearing frogs in crossing diamonds, relaxing the guard check gage limits on heavy-point frogs used in Class 5 track, removing an inspection-method exception for high-density commuter lines, and other miscellaneous revisions. The revisions benefit track owners, railroads, and the public by reducing unnecessary costs and incentivizing innovation while improving rail safety. Effective date: October 7, 2020.    Part 213 (FR Vol. 86, No. 83, Pages 23241-23260, 5-3-21)    This final rule provides the 2021 inflation adjustment amounts to civil penalties that may be imposed for certain U.S. Department of Transportation regulations in accordance with the Federal Civil Penalties Inflation Adjustment Act of 2015. Effective date: May 3, 2021.    Part 1152 (FR Vol. 83, No. 68, Pages 15075-15081, 4-9-18)    This final rule updates STB regulations to reflect certain statutory changes enacted in the Surface Transportation Board Reauthorization Act of 2015 and to replace certain obsolete or incorrect references in the regulations. Effective date: May 2, 2018.    Part 1152 (FR Vol. 83, No. 74, Page 16786, 4-17-18)    This is a citation correction to a rule document published on April 9, 2018.    Part 1152 (FR Vol. 84, No. 64, Pages 12940-12946, 4-3-19)    This final rule adopts modifications to STB regulations pertaining to certain payment, filing and service procedures. The adopted rule also updates and clarifies fees for copying, printing, and related services and removes outdated language from the STB regulations. Effective date: May 10, 2019.    Part 1152 (FR Vol. 84, No. 233, Pages 66320-66326, 12-4-19)    This final rule amends the STB regulations related to the National Trails System Act to: (1) provide that the initial term for certificates or notices of interim trail use or abandonment will be one year (instead of 180 days), (2) permit up to three one-year extensions of the initial period if the trail sponsor and the railroad agree, and (3) permit additional one-year extensions if the trail sponsor and the railroad agree and extraordinary circumstances are shown. Effective date: February 2, 2020.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 5, 2022, as ARC 6574C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Department on November 9, 2022.Fiscal Impact     The fiscal impact cannot be determined. The federal regulations adopted by this rule making were subject to fiscal impact review by either the FRA or the STB when enacted and were determined not to be cost prohibitive. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 4, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 761—800.1(307) as follows:

    761—800.1(307) Definitions.  The following terms when used in this division of rules shall have the following meanings:Crossing. The“Crossing” means the point where the railroad tracks and highway meet at the same location.Department. The“Department” means the state department of transportation.Railroad. Persons“Railroad” means persons who own rail facilities or who are responsible for their operation and maintenance.       This rule is intended to implement Iowa Code sections 307.1 and 307.26.

        ITEM 2.    Amend rule 761—800.2(17A) as follows:

    761—800.2(17A) Location and submission of documents.  All documents concerning railroad matters which, according to statute or rule, must be submitted to the department shall be submitted to the following address: Office of RailModal TransportationBureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010.       This rule is intended to implement Iowa Code section 17A.3.

        ITEM 3.    Amend subrule 800.4(2) as follows:    800.4(2)   A railroad company not required to submit an annual report to the Surface Transportation Board under 49 CFR Part 1241 shall submit an annual report to the department on Form 010030electronically on or before April 1 following the close of the calendar year.

        ITEM 4.    Amend rule 761—800.15(327F), implementation sentence, as follows:       This rule is intended to implement Iowa Code section 327F.31 and 2002 Iowa Op.Att’yGen. ________ (#01-5-2)2001 Iowa Op. Att’y Gen. #01-5-2.

        ITEM 5.    Amend subrule 800.20(1) as follows:    800.20(1)   49 CFR Part 1152 contains the regulations governing the abandonment and discontinuance of railroad lines and rail transportation under 49 U.S.C. 10903 et seq. This part also contains the regulations and procedures for the acquisition or use of railroad rights-of-way proposed for abandonment for interim trail use and rail banking pursuant to 16 U.S.C. 1247(d).For the purpose of this rule, this part49 CFR Part 1152 is adopted as of October 1, 2017October 1, 2021.

        ITEM 6.    Amend subrule 810.1(1) as follows:    810.1(1) Standards.  The department adopts the railroad track safety standards contained in 49 CFR Part 213 (October 1, 2017October 1, 2021).

        ITEM 7.    Amend subrule 810.5(2) as follows:    810.5(2) Report procedure.      a.    A person shall report an alleged violation in writing to the responsible railroad company at its corporate headquarters.     b.    If within 30 days the railroad company does not respond or if the response is unsatisfactory, the person may report the alleged violation to the department at the following address: Office of RailModal TransportationBureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010.    c.    The report shall include the date, time, weather conditions and all facts pertinent to the alleged violation. The report shall also include a copy of the railroad’s response or, if the railroad failed to respond, proof of the date the report was submitted to the railroad.    d.    The director of the office of railmodal transportationbureau or the director’s designee may request additional information from the person submitting the report, the railroad worker transportation company or the railroad.     e.    The director of the office of railmodal transportationbureau or the director’s designee, which may include peace officers in the office ofwithin motor vehicle enforcement, may investigate the alleged violation.    f.    The director of the office of railmodal transportationbureau or the director’s designee shall issue a decision within 20 days of receipt of the report or 20 days after receipt of the requested additional information. The decision may include any order as necessary to enforce the requirements of Iowa Code section 327F.39, as set forth in Iowa Code section 327F.39(6).    g.    The department shall notify the person and the railroad of the decision.    h.    The decision is final agency action.

        ITEM 8.    Amend subrule 810.6(2) as follows:    810.6(2) Report procedure.      a.    A person shall report an alleged violation in writing to the department at the following address: Office of RailModal TransportationBureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010.    b.    The report shall include the date, time, circumstances and any evidence of an alleged violation, and the name and contact information of the driver employed by the railroad worker transportation company or the railroad worker transportation company alleged to require a driver to violate the provisions of Iowa Code section 321.449A or 327F.39(5).    c.    The director of the office of railmodal transportationbureau or the director’s designee may request additional information from the driver, railroad worker transportation company or railroad.    d.    The director of the office of railmodal transportationbureau or the director’s designee, which may include peace officers in the office ofwithin motor vehicle enforcement, may investigate the alleged violation.    e.    The director of the office of railmodal transportationbureau or the director’s designee shall issue a decision within 60 days of receipt of the report or 60 days after receipt of the requested additional information. The decision may include any order as necessary to enforce the requirements of Iowa Code section 327F.39, as set forth in Iowa Code section 327F.39(6).    f.    The department shall notify the driver and the railroad worker transportation company of the decision.    g.    The decision is final agency action.

        ITEM 9.    Amend subrule 821.2(2) as follows:    821.2(2)   Program information, applications and application instructions are available on the department’s Web sitewebsite at www.iowadot.gov. The program is administered by the Office of RailModal TransportationBureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone (515)239-1108.

        ITEM 10.    Amend subrule 821.3(3) as follows:    821.3(3) Processing an agreement.      a.    The department shall determine if the agreed-upon work constitutes grade crossing surface repair and may consult with the jurisdiction or the railroad if further information is needed.    b.    If the work constitutes grade crossing surface repair and when funds are available in the repair fund, the department shall furnish the railroad andrequest that the jurisdiction with three copies of an agreement for grade crossing surface repairand railroad provide cost estimates for the work for which each party is responsible. Upon receipt of the estimates, the department will furnish an agreement for grade crossing surface repair to the railroad and jurisdiction.    c.    The railroad and the jurisdiction shall sign all three copies of the agreement and return themit to the department.    d.    The department shall:    (1)   Approve the agreement and obligate from the repair fund an amount equal to 60 percent of the cost of the agreed-upon work.    (2)   Sign all three copies of the agreement, retain one copy of the fully executed agreement, transmit one copy to the jurisdiction, and transmit one copy to the railroad, authorizing work to proceed.

        ITEM 11.    Amend paragraph 821.3(6)"c" as follows:    c.    Once the department approves the billing, the department shall pay to the railroad from the repair fund an amount equal to 60 percent of the actualproject cost of the agreed-upon work.    [Filed 11/9/22, effective 1/4/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
    ARC 6710CTransportation Department[761]Adopted and Filed

    Rule making related to highway-railroad grade crossings

        The Transportation Department hereby amends Chapter 811, “Highway-Railroad Grade Crossing Warning Devices,” Chapter 812, “Classifications and Standards for Highway-Railroad Grade Crossings,” and Chapter 820, “Highway Grade Crossing Safety Fund,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 307.12, 307.26(7) and 327G.15.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 307.26 and 327G.15.Purpose and Summary    This rule making updates Iowa Code citations and adds or updates contact information within Chapters 811, 812 and 820.    The following sentences explain the additional amendments to these three chapters:

  • Correct the title of Part 8 of the “Manual on Uniform Traffic Control Devices,” published by the U.S. Department of Transportation, Federal Highway Administration, for conformance of standards concerning the installation of all highway-railroad grade crossing warning devices.
  • Make clarifying changes to state that the highway authority shall consider the safety impacts that a project may have on a crossing when planning a highway improvement project encompassing or adjacent to that crossing.
  • Update the definition of “AAR signal unit” to reference an updated document that provides units and interpretations for an active warning device, correct the style used within the definitions, and add the option to send any submissions electronically to the Department.
  • Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 5, 2022, as ARC 6575C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Department on November 9, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 4, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 761—811.1(307) as follows:

    761—811.1(307) Standards.  All highway-railroad grade crossing warning devices installed shall conform to Part 8, “Traffic Controls for Highway-RailRailroad and Light Rail Transit Grade Crossings,” of the “Manual on Uniform Traffic Control Devices” as adopted in 761—Chapter 130.       This rule is intended to implement Iowa Code paragraph 307.26(5)“b” and sections307.26(7)“b,”321.252 and 327G.2.

        ITEM 2.    Adopt the following new rule 761—811.2(307):

    761—811.2(307) Contact information.  Information about this chapter may be obtained by contacting the department at the following address: Modal Transportation Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone (515)239-1108.       This rule is intended to implement Iowa Code section 307.26.

        ITEM 3.    Amend rule 761—812.1(307) as follows:

    761—812.1(307) Purposeand contact information.      812.1(1)   This chapter implements Iowa Code paragraph 307.26(5)“c.”section 307.26(7)“b.” This statute requires the department to classify highway-railroad grade crossings based upon their characteristics, conditions and hazards and to adopt standards for warning devices for each classification.    812.1(2)   Information about this chapter may be obtained by contacting the department at the following address: Modal Transportation Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone (515)239-1108.

        ITEM 4.    Amend subrule 812.3(4) as follows:    812.3(4)   When planning a highway improvement project encompassing or adjacent to a crossing, the highway authority shall consider the effects ofsafety impacts that the projectmay have on the crossing.

        ITEM 5.    Amend subrule 812.4(1) as follows:    812.4(1)   In accordance with Iowa Code paragraph 307.26(5)“c,”section 307.26(7)“b,” the department of transportation is not liable for the development or adoption of the classifications or standards. A government agency, department, or political subdivision is not liable for failure to implement the standards.

        ITEM 6.    Amend 761—Chapter 812, implementation sentence, as follows:       These rules are intended to implement Iowa Code paragraph 307.26(5)“c.”section 307.26(7)“b.”

        ITEM 7.    Amend rule 761—820.1(327G) as follows:

    761—820.1(327G) Definitions.  The following terms when used in this chapter of rules shall have the following meanings:AAR signal unit. The“AAR signal unit” means the relative maintenance difficulty value assigned to component parts of an active warning device. Units and interpretations are designated by the2021 Revision of the American Railway Engineering and Maintenance-of-Way Association of American Railroads Signal Manual, Part 203 (1984)(AREMA) Communications and Signals Manual, Volume 1, Section 1 (1.3.2) [Recommend Table of Signal and Interlocking Units and Interpretations].Active warning devices. Traffic“Active warning devices” means traffic control devices activated by the approach or presence of a train, such as flashing light signals, flashing light signals with cantilever assemblies, and flashing light signals with automatic gate arms, all of which actively warn motorists of a train.Maintenance costs of active warning devices. Costs“Maintenance costs of active warning devices” means costs incurred by a railroad associated with the repair or replacement of obsolete, worn out, damaged, or missing component parts of an approved active warning device. Maintenance costs shall include repair or replacement of damaged, vandalized, or stolen component parts only for that amount which exceeds the amount recovered from the liable party or the liable party’s insurer.Safety fund. The“Safety fund” means the highway grade crossing safety fund established in Iowa Code section 327G.19, and administered by the department.

        ITEM 8.    Amend rule 761—820.3(327G) as follows:

    761—820.3(327G) Information and submissions.  Information about this chapter may be obtained by contacting the department at the following address: Office of RailModal TransportationBureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone (515)239-1140(515)239-1108. Submissions to the department under this chapter shallmay be sent or delivered to this addressor may be electronically filed with the program manager.
        [Filed 11/9/22, effective 1/4/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.ARC 6708CTransportation Department[761]Adopted and Filed

    Rule making related to school transportation services provided by regional transit systems under contract with local schools

        The Transportation Department hereby amends Chapter 911, “School Transportation Services Provided by Regional Transit Systems,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 321.377.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 321.1 and 321.377.Purpose and Summary    This rule making corrects the name of the Modal Transportation Bureau and updates the definition of “automobile” to include the specific subsection within Iowa Code section 321.1 so the definition can be found easily.    The amendments add new paragraph 911.6(7)“b” to explain the need to submit a current medical examiner’s certificate upon a commercial driver’s license issuance or renewal in order to comply with the Federal Motor Carrier Safety Administration’s regulations concerning license type and the need for a medical examiner certificate.    The amendments also adopt the Code of Federal Regulations (CFR) dated October 1, 2021, for 49 CFR Part 38, Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles; 49 CFR Part 571, Federal Motor Vehicle Safety Standards; and 49 CFR Part 655, Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations. While the CFR date in subrule 911.5(1) has not been updated since 2017, no final changes to 49 CFR Part 38 have occurred during that time. However, the following list provides a specific description of the amendments to 49 CFR Part 571 and 49 CFR Part 655 that have become final and effective from October 2, 2017, through October 1, 2021, that affect Chapter 911:    Part 571 (FR Vol. 83, No. 75, Pages 17091-17093)    This is a correction to a figure concerning standard No. 217, bus emergency exits and window retention and release, that was revised on October 1, 2017.    Part 655 (FR Vol. 84, No. 78, Pages 16770-16775, 4-23-19)    This final rule made minor technical corrections to the Office of the Secretary of Transportation, Federal Aviation Administration, Federal Transit Administration and Pipeline and Hazardous Materials Safety Administration’s regulations governing drug testing for safety-sensitive employees. This final rule ensures consistency with the amendments to the U.S. Department of Transportation’s regulation “Procedures for Transportation Workplace Drug and Alcohol Testing Programs,” which added requirements to test for oxycodone, oxymorphone, hydrocodone, and hydromorphone to the U.S. Department of Transportation-regulated drug testing programs. The changes to the U.S. Department of Transportation’s regulation make it necessary to refer to these substances, as well as the previously covered drugs morphine, 6-acetylmorphine, and codeine, by the more inclusive term “opioids,” rather than “opiates.”Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 5, 2022, as ARC 6572C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Department on November 9, 2022.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 4, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Amend subrule 911.1(2) as follows:    911.1(2) Information.  Information and forms may be obtained from the Office of Public TransitModal Transportation Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone (515)233-7870; or the department’s website at www.iowadot.gov.

        ITEM 2.    Amend rule 761—911.2(321,324A), definition of “Automobile,” as follows:        "Automobile" means the same as defined in Iowa Code section 321.1.321.1(42)“d.”

        ITEM 3.    Amend subrule 911.5(1) as follows:    911.5(1) Code of Federal Regulations.  The department of transportation adopts the following portions of the October 1, 2017October 1, 2021, Code of Federal Regulations, which are referenced throughout this chapter:    a.    49 CFR Part 38, Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles.    b.    49 CFR Part 571, Federal Motor Vehicle Safety Standards.    c.    49 CFR Part 655, Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations.

        ITEM 4.    Amend subrule 911.6(7) as follows:    911.6(7) Physical fitness.      a.    Each driver who transports students must undergo a physical examination by a certified medical examiner who is listed on the National Registry of Certified Medical Examiners in accordance with Iowa Code section 321.375(1)“d” and with department of education rule 281—43.15(285) or 281—43.17(285). Annually, the driver must submit the signed medical examiner’s certificate to the driver’s employer.     b.    Upon a commercial driver’s license issuance or renewal, the driver shall self-certify as to the type of driving the driver does and, if required, provide a current medical examiner’s certificate to the department unless the driver’s medical examiner’s certification is provided to the department electronically by the Federal Motor Carrier Safety Administration pursuant to 761—paragraph 607.37(1)“a” and 761—subrule 607.50(2).    [Filed 11/9/22, effective 1/4/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.
    ARC 6707CTransportation Department[761]Adopted and Filed

    Rule making related to the state management plan for administering federal transit funds

        The Transportation Department hereby amends Chapter 922, “Federal Transit Assistance,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 324A.4.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 324A.Purpose and Summary    The amendments to Chapter 922 update the date of the state management plan and correct the name of the Modal Transportation Bureau.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 5, 2022, as ARC 6573C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Department on November 9, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 4, 2023.    The following rule-making action is adopted:

        ITEM 1.    Amend subrule 922.1(2) as follows:    922.1(2) State management plan.      a.    Sections 5310, 5311 and 5339 of Title 49 United States Code federal transit assistance programs within Iowa shall be administered according to the “Iowa State Management Plan for Administration of Funding and Grants Under the Federal Transit Administration, Sections 5310, 5311, 5316, 5317 and 5339 Programs,” dated March 2017May 2020, which has been prepared by the department and approved by the Federal Transit Administration in conformance with FTA Circulars 5100.1, 9040.1G and 9070.1G.    b.    Copies of the state management plan are available from the Office of Public TransitModal Transportation Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone (515)233-7870; or the department’s website at www.iowadot.gov.    [Filed 11/9/22, effective 1/4/23][Published 11/30/22]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/30/22.

    Back matter not included