Bulletin 12-13-2023

Front matter not included
ARC 7195CCapital Investment Board, Iowa[123]Notice of Intended Action

Proposing rulemaking related to agency realignment and providing an opportunity for public comment

    The Iowa Capital Investment Board hereby proposes to rescind Chapter 1, “Iowa Capital Investment Board – Administration,” Chapter 2, “Tax Credit for Investments in Qualifying Businesses and Community-Based Seed Capital Funds,” Chapter 3, “Tax Credit for Investments in Venture Capital Funds,” and Chapter 4, “Investment Tax Credits Relating to Investments in a Fund of Funds Organized by the Iowa Capital Investment Corporation,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 15E.63(11) as amended by 2023 Iowa Acts, House File 688, section 18.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapter 15E.Purpose and Summary    Pursuant to Part IV of Executive Order 10, the Department of Revenue was directed on November 21, 2023, to propose this Notice of Intended Action to rescind the remaining chapters for the Iowa Capital Investment Board. The Administrative Rules Coordinator provided preclearance for publication of this Notice of Intended Action on November 21, 2023.    After review of the Iowa Administrative Code pursuant to Iowa Code section 15E.63(11) as amended by 2023 Iowa Acts, House File 688, the Department determined that the rules for the Board can be rescinded in their entirety. Effective June 20, 2013, the Board and the Iowa Fund of Funds are governed by the program wind-up and future repeal provisions of Iowa Code section 15E.72. Chapters 1 and 4 relate to functions of the Board prior to the wind-down that are no longer applicable. Chapter 2 relates to a program administered by the Iowa Economic Development Authority that no longer involves the Board, making rules on its role no longer relevant. The Iowa Economic Development Authority has its own rules and statutes on the program in Iowa Code sections 15E.41 through 15E.46 and 261—Chapter 115. Chapter 3 describes a tax credit that was previously administered by the Board but that was repealed in 2010.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking 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 rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 2, 2024. Comments should be directed to: Alana Stamas Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306-3457 Phone: 515.350.3932 Email: alana.stamas@iowa.gov Public Hearing     If requested, public hearings at which persons may present their views orally or in writing will be held as follows: January 3, 2024 9 to 9:30 a.m. Via video/conference call January 3, 2024 2 to 2:30 p.m. Via video/conference call    Persons who wish to participate in a video/conference call should contact Alana Stamas before 4:30 p.m. on January 2, 2024, to facilitate an orderly hearing. A video link will be provided to participants prior to the hearing.    Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind and reserve 123—Chapter 1.

    ITEM 2.    Rescind and reserve 123—Chapter 2.

    ITEM 3.    Rescind and reserve 123—Chapter 3.

    ITEM 4.    Rescind and reserve 123—Chapter 4.
ARC 7131CCity Development Board[263]Notice of Intended Action

Proposing rulemaking related to organization and administration and providing an opportunity for public comment

    The City Development Board hereby proposes to rescind Chapter 1, “Organization and Administration,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code sections 17A.3 and 368.10.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code sections 368.9 and 368.10.Purpose and Summary    Pursuant to Executive Order 10, the Board proposes to rescind Chapter 1 and adopt a new chapter in lieu thereof. The proposed new chapter will omit statutory language from the rules and use more concise language.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 263—Chapter 6. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on January 9, 2024. Comments should be directed to: Lisa Connell Iowa Economic Development Authority 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Phone: 515.348.6163 Email: lisa.connell@iowaeda.com Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 2, 2024 12:30 to 12:45 p.m. 1963 Bell Avenue Des Moines, Iowa Registration information for online participation may be found at www.iowaeda.com/red-tape-review January 9, 2024 8:30 to 8:45 a.m. 1963 Bell Avenue Des Moines, Iowa Registration information for online participation may be found at www.iowaeda.com/red-tape-review     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind 263—Chapter 1 and adopt the following new chapter in lieu thereof: CHAPTER 1ORGANIZATION AND ADMINISTRATION

263—1.1(368) Description.  The primary function of the city development board is to supervise city development actions, including annexations, consolidations, discontinuances, incorporations and severances for the state of Iowa, pursuant to the provisions of Iowa Code chapter 368. Detailed information about the board’s policies and procedures can be found in Iowa Code chapter 368, in rules adopted by the board, and at www.iowaeda.com/land-planning.

263—1.2(368) Office of the board.  All official communications, including submissions and requests, may be addressed to City Development Board, Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315, or to cdb@iowaeda.com.

263—1.3(368) Membership and quorum requirements.  The board annually elects from its members a chairperson and vice-chairperson at the first regular meeting of the calendar year. Three members of the board constitute a quorum, and a quorum must be present in order for the board to take action. The affirmative vote of a majority of board members is necessary for action taken by the board.

263—1.4(368) Meetings.  The board conducts regular meetings at least every other month at 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315, or at such other location as the board may designate. The chairperson or the chairperson’s designee prepares an agenda for each meeting, listing matters to be addressed. Meetings of the board are subject to the requirements of Iowa Code chapter 21.        These rules are intended to implement Iowa Code sections 368.9 and 368.10.
ARC 7132CCity Development Board[263]Notice of Intended Action

Proposing rulemaking related to agency procedure for rulemaking and providing an opportunity for public comment

    The City Development Board hereby proposes to rescind Chapter 2, “Agency Procedure for Rule Making,” Iowa Administrative Code, and to adopt a new Chapter 2, “Agency Procedure for Rulemaking.”Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 368.10.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapter 17A.Purpose and Summary    Pursuant to Executive Order 10, the Board proposes to rescind Chapter 2 and adopt a new chapter in lieu thereof. The new chapter will omit statutory language from the rules and clarify how the Board can be contacted regarding its rules. Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 263—Chapter 6. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on January 9, 2024. Comments should be directed to: Lisa Connell Iowa Economic Development Authority 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Phone: 515.348.6163 Email: lisa.connell@iowaeda.com Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 2, 2024 12:45 to 1 p.m. 1963 Bell Avenue Des Moines, Iowa Registration information for online participation may be found at www.iowaeda.com/red-tape-review January 9, 2024 8:45 to 9 a.m. 1963 Bell Avenue Des Moines, Iowa Registration information for online participation may be found at www.iowaeda.com/red-tape-review     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind 263—Chapter 2 and adopt the following new chapter in lieu thereof: CHAPTER 2AGENCY PROCEDURE FOR RULEMAKING

263—2.1(17A) Incorporation by reference.  The city development board incorporates by this reference all such matters in Iowa Code chapter 17A that relate to procedures for rulemaking.

263—2.2(17A) Contact information.      2.2(1) General.  Inquiries about board rules and the rulemaking process may be directed to City Development Board, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315.    2.2(2) Comments on proposed rules.  Any public comment on a Notice of Intended Action or similar document relating to rules may be directed to City Development Board, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315, or as directed in the Notice of Intended Action or similar document.       These rules are intended to implement Iowa Code chapter 17A.
ARC 7133CCity Development Board[263]Notice of Intended Action

Proposing rulemaking related to petitions for rulemaking and providing an opportunity for public comment

    The City Development Board hereby proposes to rescind Chapter 3, “Petitions for Rule Making,” Iowa Administrative Code, and to adopt a new Chapter 3, “Petitions for Rulemaking.”Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 368.10.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.17.Purpose and Summary    Pursuant to Executive Order 10, the Board proposes to rescind Chapter 3 and adopt a new chapter in lieu thereof. The proposed new chapter will clarify how to access the Uniform Rules on Agency Procedure and will omit unnecessary words.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 263—Chapter 6. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on January 9, 2024. Comments should be directed to: Lisa Connell Iowa Economic Development Authority 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Phone: 515.348.6163 Email: lisa.connell@iowaeda.com Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 2, 2024 1 to 1:15 p.m. 1963 Bell Avenue Des Moines, Iowa Registration information for online participation may be found at www.iowaeda.com/red-tape-review January 9, 2024 9 to 9:15 a.m. 1963 Bell Avenue Des Moines, Iowa Registration information for online participation may be found at www.iowaeda.com/red-tape-review     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind 263—Chapter 3 and adopt the following new chapter in lieu thereof: CHAPTER 3PETITIONS FOR RULEMAKING    The city development board hereby adopts, with the following exceptions and amendments, the Uniform Rules on Agency Procedure relating to petitions for rulemaking, which are published at www.legis.iowa.gov/docs/publications/ACOD/767408.pdf.

263—3.1(17A) Petition for rulemaking.  In lieu of “(designate office)”, insert “City Development Board, Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315”. In lieu of “(AGENCY NAME)” as the caption of the petition form, insert “BEFORE THE CITY DEVELOPMENT BOARD”.

263—3.3(17A) Inquiries.  In lieu of “(designate official by full title and address)”, insert “City Development Board, Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315”.        These rules are intended to implement Iowa Code section 17A.7.
ARC 7134CCity Development Board[263]Notice of Intended Action

Proposing rulemaking related to declaratory orders and providing an opportunity for public comment

    The City Development Board hereby proposes to rescind Chapter 4, “Declaratory Orders,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 368.10.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.9.Purpose and Summary    Pursuant to Executive Order 10, the Board proposes to rescind Chapter 4 and adopt a new chapter in lieu thereof. The new chapter will clarify how to access the Uniform Rules on Agency Procedure and will omit unnecessary words. Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 263—Chapter 6. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on January 9, 2024. Comments should be directed to: Lisa Connell Iowa Economic Development Authority 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Phone: 515.348.6163 Email: lisa.connell@iowaeda.com Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 2, 2024 1:15 to 1:30 p.m. 1963 Bell Avenue Des Moines, Iowa Registration information for online participation may be found at www.iowaeda.com/red-tape-review January 9, 2024 9:15 to 9:30 a.m. 1963 Bell Avenue Des Moines, Iowa Registration information for online participation may be found at www.iowaeda.com/red-tape-review     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind 263—Chapter 4 and adopt the following new chapter in lieu thereof: CHAPTER 4DECLARATORY ORDERS    The city development board hereby adopts, with the following exceptions and amendments, the Uniform Rules on Agency Procedure relating to declaratory orders, which are published at www.legis.iowa.gov/docs/publications/ACOD/767408.pdf.

263—4.1(17A) Petition for declaratory order.  In lieu of “(designate agency)”, insert “city development board”. In lieu of “(designate office)”, insert “City Development Board, Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315”. In lieu of “(AGENCY NAME)” as the caption on the petition form, insert “BEFORE THE CITY DEVELOPMENT BOARD”.

263—4.2(17A) Notice of petition.  In lieu of “___ days (15 or less)”, insert “15 days”.

263—4.3(17A) Intervention.      4.3(1)   In lieu of “___ days”, insert “15 days”.

263—4.5(17A) Inquiries.  In lieu of “(designate official by full title and address)”, insert “City Development Board, Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315”.        These rules are intended to implement Iowa Code section 17A.9.
ARC 7135CCity Development Board[263]Notice of Intended Action

Proposing rulemaking related to fair information practices and providing an opportunity for public comment

    The City Development Board hereby proposes to rescind Chapter 5, “Fair Information Practices,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 386.10.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 22.11.Purpose and Summary    Pursuant to Executive Order 10, the Board proposes to rescind Chapter 5 and adopt a new chapter in lieu thereof. The new chapter will clarify how to access the Uniform Rules on Agency Procedure and will omit unnecessary words.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 263—Chapter 6. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on January 9, 2024. Comments should be directed to: Lisa Connell Iowa Economic Development Authority 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Phone: 515.348.6163 Email: lisa.connell@iowaeda.com Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 2, 2024 1:30 to 1:45 p.m. 1963 Bell Avenue Des Moines, Iowa Registration information for online participation may be found at www.iowaeda.com/red-tape-review January 9, 2024 9:30 to 9:45 a.m. 1963 Bell Avenue Des Moines, Iowa Registration information for online participation may be found at www.iowaeda.com/red-tape-review     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind 263—Chapter 5 and adopt the following new chapter in lieu thereof: CHAPTER 5FAIR INFORMATION PRACTICES    The city development board hereby adopts, with the following exceptions and amendments, the Uniform Rules on Agency Procedure relating to fair information practices, which are published at www.legis.iowa.gov/docs/publications/ACOD/767408.pdf.

263—5.1(17A,22) Definitions.  As used in this chapter:        "Agency." In lieu of “(official or body issuing these rules)”, insert “city development board”.

263—5.3(17A,22) Requests for access to records.      5.3(1) Location of record.  In lieu of “(insert agency head)”, insert “city development board”. In lieu of “(insert agency name and address)”, insert “City Development Board, Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315”.    5.3(2) Office hours.  In lieu of “(insert customary office hours and, if agency does not have customary office hours of at least thirty hours per week, insert hours specified in Iowa Code section 22.4)”, insert “8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays”.    5.3(7) Fees.      c.    Supervisory fee.In lieu of “(specify time period)”, insert “two hours”.

263—5.6(17A,22) Procedure by which additions, dissents, or objections may be entered into certain records.  In lieu of “(designate office)”, insert “City Development Board, Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315”.       These rules are intended to implement Iowa Code section 22.11.
ARC 7136CCity Development Board[263]Notice of Intended Action

Proposing rulemaking related to waiver rules and providing an opportunity for public comment

    The City Development Board hereby proposes to rescind Chapter 6, “Waiver Rules,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 368.10.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.9A.Purpose and Summary    Pursuant to Executive Order 10, the Board proposes to rescind Chapter 6 and adopt a new chapter in lieu thereof. The new chapter will omit repetition of statutory language and clarify Board policies and procedures regarding waivers.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 263—Chapter 6. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on January 9, 2024. Comments should be directed to: Lisa Connell Iowa Economic Development Authority 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Phone: 515.348.6163 Email: lisa.connell@iowaeda.com Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 2, 2024 1:45 to 2 p.m. 1963 Bell Avenue Des Moines, Iowa Registration information for online participation may be found at www.iowaeda.com/red-tape-review January 9, 2024 9:45 to 10 a.m. 1963 Bell Avenue Des Moines, Iowa Registration information for online participation may be found at www.iowaeda.com/red-tape-review     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind 263—Chapter 6 and adopt the following new chapter in lieu thereof: CHAPTER 6WAIVER RULES

263—6.1(17A) Definitions.          "Board" means the same as defined in Iowa Code section 368.1(3).        "Petitioner" means a person who petitions an agency for the waiver of a rule.        "Waiver" means the same as defined in Iowa Code section 17A.9A(5) as applied to an action by the board.

263—6.2(17A) Scope.  This chapter outlines generally applicable standards and a uniform process for the granting of individual waivers from rules adopted by the board in situations where no other more specifically applicable law provides for waivers. To the extent another more specific provision of law governs the issuance of a waiver from a particular rule, the more specific provision shall supersede this chapter with respect to any waiver from that rule.

263—6.3(17A) Applicability.  The board may grant a waiver of a rule as permitted by Iowa Code section 17A.9A(1).

263—6.4(17A) Criteria for waiver.  In response to a petition completed pursuant to rule 263—6.6(17A), the board may issue a waiver if the board makes the applicable findings in Iowa Code section 17A.9A(2).

263—6.5(17A) Filing of petition.  A petition for a waiver must be submitted in writing to the board as follows:    6.5(1) Pending matters.  If the petition relates to a pending petition or application for city development action, the petition requesting a waiver shall be filed in the pending proceeding, using the caption of that matter.    6.5(2) Other.  If the petition does not relate to a pending matter, the petition may be submitted to the board chairperson.

263—6.6(17A) Content of petition.  A petition for waiver shall include the following information where applicable and known to the requester:
  1. The name, address, and telephone number of the entity or person for whom a waiver is requested and the case number of any related city development proceeding.
  2. A description and citation of the specific rule from which a waiver is requested.
  3. The specific waiver requested, including the precise scope and duration.
  4. The relevant facts that the petitioner believes would justify a waiver under each of the four criteria described in Iowa Code section 17A.9A(2). This statement shall include a signed statement from the petitioner attesting to the accuracy of the facts provided in the petition and a statement of reasons that the petitioner believes will justify a waiver.
  5. A history of any prior contacts between the board and the petitioner relating to the activity affected by the proposed waiver, including a description of each related city development action by the requester within the past five years.
  6. Any information known to the requester regarding the board’s treatment of similar cases.
  7. The name, address, and telephone number of any public agency or political subdivision that might be affected by the granting of a waiver.
  8. The name, address, and telephone number of any entity or person who would be adversely affected by the granting of a petition, including all parties to the proceeding if the petition relates to a matter pending before the board.
  9. The name, address, and telephone number of any person with knowledge of the relevant facts relating to the proposed waiver.

263—6.7(17A) Additional information.  Prior to issuing an order granting or denying a waiver, the board may request additional information from the petitioner relative to the petition and surrounding circumstances. If the petition was not filed in a contested case, the board may, on its own motion or at the petitioner’s request, schedule a meeting between the petitioner and the board’s chair, or a committee of the board, or a quorum of the board.

263—6.8(17A) Notice.  The board will acknowledge a petition upon receipt. The board shall ensure that, within 30 days of the receipt of the petition, notice of the pendency of the petition and a concise summary of its contents have been provided to all persons to whom notice is required by any provision of law. In addition, the board may give notice to other persons. To accomplish this notice provision, the board may require the petitioner to serve the notice on all persons to whom notice is required by any provision of law or who may be impacted by the requested waiver and provide a written statement to the board attesting that notice has been provided.

263—6.9(17A) Hearing procedures.  The provisions of Iowa Code sections 17A.10 to 17A.18A regarding contested case hearings apply to any petition for a waiver filed within a pending city development action pursuant to subrule 6.5(1). If a petition for waiver is filed with the board pursuant to subrule 6.5(2), the provisions of Iowa Code sections 17A.10 to 17A.18A apply to board proceedings for a waiver only when the board so provides by rule or order or is required to do so by statute.

263—6.10(17A) Ruling.  Iowa Code section 17A.9A(3) describes certain procedural aspects for considering a petition for waiver and issuing a ruling thereon, including the burden of persuasion; the manner in which a petition for waiver must be evaluated; the limits of the waiver, if one is issued; and the circumstances under which the board may place a condition on the waiver. When the rule from which a waiver is sought establishes administrative deadlines, the board shall balance the special individual circumstances of the petitioner with the overall goal of uniform treatment of all similarly situated persons. The board shall have the sole discretion to decide whether to grant a waiver.    6.10(1) Form of ruling.  An order granting or denying a waiver shall be in writing and shall contain a reference to the particular person and rule or portion thereof to which the order pertains, a statement of the relevant facts and reasons upon which the action is based, and a description of the precise scope and duration of the waiver, if one is issued.    6.10(2) Time for ruling.  The board shall grant or deny a petition for a waiver as soon as practicable but, in any event, shall do so within 90 days of its receipt, unless the petitioner agrees to a later date. However, if a petition is filed in a pending city development action, the board shall grant or deny the petition no later than the time at which the final decision in that matter is issued.    6.10(3) When deemed denied.  Failure of the board to grant or deny a petition within the required time period shall be deemed a denial of that petition by the board. However, the board shall remain responsible for issuing an order denying a waiver.    6.10(4) Service of order.  Within seven days of its issuance, any order issued under this chapter shall be transmitted to the petitioner or the person to whom the order pertains and to any other person entitled to such notice by any provision of law.    6.10(5) Filing of waiver ruling.  Within 60 days of granting or denying a waiver, the board shall submit information as required by Iowa Code section 17A.9A(4).

263—6.11(17A) Cancellation of a waiver.  A waiver issued by the board pursuant to this chapter may be withdrawn, canceled, or modified if, after appropriate notice and hearing, the board issues an order finding any of the following:
  1. The petitioner or the person who was the subject of the waiver order withheld or misrepresented material facts relevant to the propriety or desirability of the waiver;
  2. The alternative means for ensuring that the public health, safety and welfare will be adequately protected after issuance of the waiver order have been demonstrated to be insufficient; or
  3. The subject of the waiver order has failed to comply with all conditions contained in the order.

263—6.12(17A) Violations.  Violation of a condition in a waiver order shall be treated as a violation of the particular rule for which the waiver was granted. As a result, the recipient of a waiver under this chapter who violates a condition of the waiver may be subject to the same remedies or penalties as a person who violates the rule at issue.

263—6.13(17A) Defense.  After the board issues an order granting a waiver, the order is a defense within its terms and the specific facts indicated therein for the person to whom the order pertains in any proceeding in which the rule in question is sought to be invoked.       These rules are intended to implement Iowa Code section 17A.9A.
ARC 7137CCity Development Board[263]Notice of Intended Action

Proposing rulemaking related to voluntary annexation and providing an opportunity for public comment

    The City Development Board hereby proposes to rescind Chapter 7, “Voluntary Annexation,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 368.10.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapter 368.Purpose and Summary    Pursuant to Executive Order 10, the Board proposes to rescind Chapter 7 and adopt a new chapter in lieu thereof. The new chapter will omit repetition of statutory language and consolidate other redundant language that was previously repeated in multiple rules within the chapter. Additionally, the new chapter will clarify Board policies and procedures. The citation in the proposed chapter to rule 263—8.10(368) is to that rule as proposed in the Notice of Intended Action for 263—Chapter 8 (ARC 7138C, IAB 12/13/23).Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 263—Chapter 6. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on January 9, 2024. Comments should be directed to: Lisa Connell Iowa Economic Development Authority 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Phone: 515.348.6163 Email: lisa.connell@iowaeda.com Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 2, 2024 2 to 2:30 p.m. 1963 Bell Avenue Des Moines, Iowa Registration information for online participation may be found at www.iowaeda.com/red-tape-review January 9, 2024 10 to 10:30 a.m. 1963 Bell Avenue Des Moines, Iowa Registration information for online participation may be found at www.iowaeda.com/red-tape-review     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind 263—Chapter 7 and adopt the following new chapter in lieu thereof: CHAPTER 7VOLUNTARY ANNEXATION

263—7.1(368) Purpose and scope.  This chapter addresses the requirements and processes for city development board approval of voluntary annexation within another city’s urbanized area; voluntary annexation, including property without the owner’s consent; and boundary adjustments between cities by petition and consent. Such requests for board approval shall be initiated pursuant to Iowa Code section 368.7 or 368.25A and this chapter. A city’s request for board approval of such actions will be referred to in this chapter as a petition.

263—7.2(368) Contents of petition.  This rule describes the information and documentation a city is required to include in its petition.    7.2(1) Landowner application requirements.  The board will verify that each landowner’s application for annexation includes the items required by Iowa Code section 368.7(1)“c” and is dated and signed by all owners of record or their authorized representatives. If voluntary annexation is requested for a parcel of land being sold on contract, the contract seller and the contract buyer should both approve the application. If voluntary annexation is requested for property owned by a business organization or entity other than a natural person or persons, the applicant should provide documentation establishing authorization to act on behalf of the owner entity.     7.2(2) City requirements.  In addition to any applicable landowner applications submitted in compliance with subrule 7.2(1), a city’s petition must include all of the following:    a.    A general statement of the proposed annexation, briefly describing the current and expected use of the annexation territory, any services that the city currently provides to the territory, and the reasons for a landowner’s request for annexation, if known.    b.    A statement indicating whether the city is a party to an existing moratorium agreement entered pursuant to Iowa Code section 368.4 and, if so, whether the proposed annexation is consistent with the terms of that agreement.    c.    A complete legal description of the territory proposed to be annexed, including the right-of-way to the center line of all secondary roads adjoining the territory. If the applicable county and city have entered an agreement pursuant to Iowa Code chapter 28E that allows exclusion of the right-of-way, a copy of the agreement shall be included with the petition.     d.    Documentation that the county auditor has verified the accuracy and completeness of the legal description of all territory proposed to be annexed and verified current ownership of the parcel(s) included in the proposed territory. If the auditor fails to respond to the city’s request for verification within 14 days, the city may provide a copy of the request and a statement indicating that no response was received.    e.    A map clearly showing the entire boundary of the existing city, all territory proposed to be annexed, adjacent roadways, and the relationship of the territory to the petitioning city and, if the annexation territory is within the urbanized area of another city, the relationship of the territory to the neighboring city. More than one map may be submitted if necessary to provide all information required by this paragraph.    f.    A statement indicating whether state-owned property or county-owned road right-of-way has been included in the proposed annexation and, if so, certification that the city has complied with the notice requirements of Iowa Code section 368.5. If the territory proposed for annexation includes right-of-way for a state highway, documentation of consultation with the Iowa department of transportation should also be included.    g.    Certification that the city has complied with all applicable notice and hearing requirements of Iowa Code section 368.7, including proof of mailing of the application and affidavit of publication of the required public notice. If railway right-of-way or public land is included without the written consent of the owner or agency with jurisdiction over the public land, the city shall certify notice was given to the owner or agency as required by Iowa Code section 368.7(1)“c.” For purposes of calculating the required period of notice, business days include Monday through Friday of each week, except legal holidays as set forth in Iowa Code section 4.1(34).    h.    A city council resolution approving the landowner’s application, including, if applicable, the terms of the transition of city taxes as provided by Iowa Code sections 368.7(5) and 368.11(3)“m.”    7.2(3) Additional information for petitions, including nonconsenting landowners.  In addition to the information to be included pursuant to subrule 7.2(2), a petition that includes property without the consent of the owner(s) must provide the additional information indicated in this subrule.    a.    Names and addresses of all owners of land included without the owners’ consent and a legal description of all land owned by each nonconsenting owner.    b.    Documentation submitted pursuant to paragraph 7.2(2)“d” relating to county auditor verification, including verification of the legal description of land owned by each nonconsenting owner.     c.    The acreage of each parcel or parcels owned by each voluntary applicant and nonconsenting landowner, the acreage of any railroad right-of-way included pursuant to Iowa Code section 368.7(1), and the acreage of any state- or county-owned property included pursuant to Iowa Code section 368.5.    d.    A calculation showing the percentage of the territory for which voluntary annexation applications have been received by the city and the percentage of territory included without the consent of the owner(s), prepared in a manner consistent with Iowa Code section 368.7(1)“a.” Only contiguous land area may be considered for purposes of calculating the amount of the land area which may be included without the owner’s consent.    e.    A map indicating the relationship of the parcels included without the consent of the owner(s) to the rest of the territory and to the city.    f.    The city council’s resolution approving the annexation submitted pursuant to paragraph 7.2(2)“h” that must set forth the reason(s) that land is included without the consent of the owner(s).

263—7.3(368) Filing.  A city shall send two copies of its petition, including all supporting documentation, to the board. The petition will be deemed filed with the board on the date it is received by board staff. Board staff will acknowledge receipt of a petition.

263—7.4(368) Staff review.  Within two weeks of receiving a petition filed pursuant to this chapter, board staff will review the petition to determine whether the city has included all required information. If the petition is incomplete, staff shall notify the petitioning city, identifying the required item(s) omitted and offering the city an opportunity to provide the omitted information prior to submission of the petition to the board.

263—7.5(368) Submission to the board—notice.      7.5(1)   A petition filed pursuant to this chapter will be considered by the board at the first board meeting conducted 31 or more days after the petition is filed. The board shall provide notice of all meetings at which the board will consider a petition to the petitioning city and the entities required by Iowa Code section 368.7(3) to receive notice of an application. Such notices will be provided by regular mail.     7.5(2)   If rule 263—7.8(368) applies, the board may proceed as described in that rule at a board meeting less than 31 days after the petition is filed, at the request of the petitioning city. However, if the board considers a petition pursuant to this subrule, the filings to complete an annexation approved by the board will only be made if no other petition for any or all of the applicable territory is filed with the board within 30 days of the filing of the petition.

263—7.6(368) Amendment of petition.      7.6(1)   After a petition has been filed with the board, it may not be amended to include additional territory.    7.6(2)   A city may, upon its own motion or at the request of the board, seek amendment to delete one or more parcels included in the territory proposed for annexation.    a.    A motion to amend a petition may be made at any time prior to issuance of the board order approving or denying the petition.    b.    The board shall provide notice of a proposed amendment to all owners of land included in the petition, the entities required by Iowa Code section 368.7(3) to receive notice of an application, and all other parties of record in the board proceeding. Such notices will be provided by regular mail.     c.    A party to the proceeding may file a resistance to the motion to amend within 14 days of the date of service of notice provided pursuant to paragraph 7.6(2)“b.”    d.    The board may grant a motion to amend a petition if it determines that the amendment serves the public interest.

263—7.7(368) Initial board review.      7.7(1)   The board shall review all petitions filed pursuant to this chapter to determine compliance with the requirements of Iowa Code chapter 368 and this chapter. If a petition is incomplete or otherwise not in compliance with the requirements of Iowa Code chapter 368 or this chapter, the board may request further information from a landowner or city or may dismiss the petition.    7.7(2)   If the annexation requested in the petition is barred pursuant to Iowa Code section 368.17, the board shall deny the petition, stating in its order the reason(s) for the denial.

263—7.8(368) Board proceedings on unanimous petitions when no conflicting petition is received within 30 days.      7.8(1) Applicability.  Petitions will be considered pursuant to this rule when all territory proposed for annexation is included upon application of the owner, by notice to the owner of railway right-of-way pursuant to Iowa Code section 368.7(1), or by notice to the Iowa attorney general or a county attorney pursuant to Iowa Code section 368.5.     7.8(2) Information considered.  Any interested person or party may submit written comment prior to or at the time of board consideration of the petition. The board may:    a.    Allow an opportunity for oral comment;    b.    Consider public documents; or    c.    Request additional information from affected cities, counties or persons, including any of the information required to be included in a petition for involuntary city development action pursuant to Iowa Code section 368.11(3).    7.8(3) Criteria.  The board shall consider whether the proposed annexation serves the public interest and may consider the criteria for approval of involuntary city development actions, as set forth in Iowa Code section 368.16.

263—7.9(368) Board proceedings on petitions which include nonconsenting landowners.      7.9(1) Applicability.  Petitions will be considered pursuant to this rule when not more than 20 percent of the land area of the territory proposed for annexation is included without the consent of the owner, pursuant to Iowa Code section 368.7(1)“a.”     7.9(2) Hearing and information considered.      a.    If a petition to which this rule applies is complete and in proper form, the board will conduct a public hearing on the petition. The board shall provide notice of the hearing to all owners of land included in the petition, the petitioning city, the entities required by Iowa Code section 368.7(3) to receive notice of an application, and the state department of transportation. Such notice shall be provided by regular mail sent at least ten days prior to the hearing.    b.    The board hearing will be conducted informally. Representatives of the petitioning city shall be given an opportunity to explain the proposed annexation, the city’s reason for including nonconsenting landowners, and any other information the city believes will assist the board in acting on the petition. The county, all owners of property within the territory proposed for annexation, the regional planning authority, affected public utilities, and any other person affected by the annexation will be provided an opportunity to submit information to the board during the hearing or in writing prior to the hearing.     c.    The board may request additional information from the city, county or other persons, including any of the information required to be included in a petition for involuntary city development action pursuant to Iowa Code section 368.11(3).    7.9(3) Criteria.  The board shall consider the same criteria as set forth in subrule 7.8(3). The board may not approve a petition considered pursuant to this rule unless the board finds that the land of the nonconsenting owners was included to avoid creating an island or create more uniform boundaries. A petition considered pursuant to this rule shall not be approved unless four members of the board vote in favor of approving the petition.

263—7.10(368) Board proceedings when one or more conflicting petitions are received within 30 days.      7.10(1) Applicability.  Petitions will be considered pursuant to this rule if any other petitions containing common territory are submitted to the board pursuant to Iowa Code chapter 368 within 30 days. If all conflicting petitions are validly dismissed or denied by the board, the board will proceed on a remaining petition as if no conflicting petition had been filed.    7.10(2) Hearing and information considered.  If conflicting petition(s) are complete and in proper form, the board shall consider any petitions, including voluntary application(s) submitted by a landowner pursuant to Iowa Code section 368.7(4), and shall conduct a public hearing pursuant to the procedure set forth in subrule 7.9(2).    7.10(3) Criteria.  Within 90 days of receipt of the petition, the board or a committee appointed by the board shall meet to assess the petition, including voluntary application(s) submitted by a landowner and any evidence received at the public hearing. If the petition meets the applicable requirements of Iowa Code chapter 368, the board or committee shall approve the petition unless the board makes an applicable finding as described in Iowa Code section 368.7(4)“a.”    7.10(4) Conversion to an involuntary petition.  If the petition is not approved, the board shall issue an order setting forth its reason(s) for failing to approve the petition and requiring conversion of the petition into an involuntary petition. Within 30 days of the board’s order issued pursuant to this subrule, the city shall withdraw its petition or convert its petition into an involuntary petition containing all information required by Iowa Code section 368.11 and any rules adopted by the board applicable to involuntary petitions.    7.10(5) Local committee.  Following conversion to an involuntary petition, the board shall order appointment of a special local committee to consider all pending petitions for annexation of common territory, pursuant to Iowa Code section 368.14A and rule 263—8.10(368). The special local committee shall conduct a public hearing to receive evidence and comment on all petitions pending before it. The committee will determine the order of presentation prior to commencement of the hearing. The committee will conduct the hearing pursuant to 263—Chapter 9.    7.10(6) Committee action.  The committee shall, within a reasonable time following conclusion of the public hearing, meet to determine appropriate means to resolve the common territory issues among the petitions before it.     a.    The committee shall resolve common territory issues by amending or denying one or more of the pending petitions.    b.    Upon resolution of the common territory issues, the committee shall proceed with consideration of each remaining petition in accordance with Iowa Code sections 368.16 and 368.17 and any applicable rules adopted by the board.     c.    A petition converted to an involuntary petition pursuant to subrule 7.10(4) that contains some land without the consent of the owner shall not be approved unless at least four of the board members and at least one-half of the local representatives vote in favor of approval.     d.    The committee shall issue a separate decision setting forth its findings and conclusions relating to each of the petitions. The committee shall file its decision with the board and promptly notify the parties of the decision, as required by Iowa Code section 368.19.    7.10(7) Board action.  Upon receipt of a committee decision approving all or a portion of a petition pursuant to subrule 7.10(6), the board shall proceed in acting on the decision pursuant to 263—Chapter 10.

263—7.11(368) Board proceedings when a conflicting involuntary petition was filed more than 30 days before a voluntary petition.      7.11(1) Applicability.  Petitions will be considered pursuant to this rule if a petition that includes voluntary application(s) submitted by a landowner is filed more than 30 days following filing of a conflicting involuntary petition filed pursuant to Iowa Code section 368.11 and 263—Chapter 8.     7.11(2) Delay.  The board will receive the petition including voluntary application(s) submitted by a landowner and table action on it until processing of the petition for involuntary annexation is complete.    7.11(3) Same city.  If the petition including voluntary application(s) submitted by a landowner proposes to annex territory to the same city filing the involuntary petition, the board may proceed on the voluntary petition pursuant to rule 263—7.8(368).

263—7.12(368) Board proceedings on boundary adjustments between cities by petition and consent.      7.12(1) Petition.  A petition to sever real property from one city and to annex the same real property to another city shall be initiated pursuant to Iowa Code section 368.25A. The petition pursuant to this rule shall be in substantially the same form as a petition submitted pursuant to Iowa Code section 368.7 and rule 263—7.2(368).     7.12(2) Hearing and information considered.  If the petition is complete and in proper form, the board shall hold a public hearing on the severance, annexation, and any agreement between the cities pursuant to the procedure set forth in subrule 7.9(2). The board shall give notice of the public hearing in the same manner as notice given pursuant to Iowa Code section 368.11(5). The board may request additional information from the city, county or other persons, including any of the information required to be included in a petition for involuntary city development action pursuant to Iowa Code section 368.11(3).    7.12(3) Criteria.  The board shall consider the same criteria as set forth in subrule 7.8(3).

263—7.13(368) Board decisions—costs.      7.13(1) Board approval.  If the board approves a petition considered pursuant to this chapter, the board shall issue a written decision and provide a copy of the decision to the clerk of the annexing city; the entities required by Iowa Code section 368.7(3) to receive notice of an application; the state department of transportation; and any other parties of record in the board’s proceeding, including, if applicable, a city from which territory is severed pursuant to rule 263—7.12(368). Upon expiration of the time for appeal, the board shall file with the secretary of state and record with the county recorder of each county containing a portion of the city or territory involved copies of the board’s proceedings, as required by Iowa Code section 368.20(2). The cost of recording the board order shall be paid by the city to which territory is annexed.    7.13(2) Board denial.  If the board denies a petition considered pursuant to this chapter, the board shall issue an order setting forth the reasons for the denial. A copy of the order shall be provided to the clerk of any impacted city, the entities required by Iowa Code section 368.7(3) to receive notice of an application, the state department of transportation, and any other party of record in the board’s proceeding.       These rules are intended to implement Iowa Code chapter 368.
ARC 7138CCity Development Board[263]Notice of Intended Action

Proposing rulemaking related to petitions for involuntary city development action and providing an opportunity for public comment

    The City Development Board hereby proposes to rescind Chapter 8, “Petitions for Involuntary City Development Action,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 368.10.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapter 368.Purpose and Summary    Pursuant to Executive Order 10, the Board proposes to rescind Chapter 8 and adopt a new chapter with the same title in lieu thereof. The proposed chapter will omit repetition of statutory language and clarify Board policies and procedures.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 263—Chapter 6. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on January 9, 2024. Comments should be directed to: Lisa Connell Iowa Economic Development Authority 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Phone: 515.348.6163 Email: lisa.connell@iowaeda.com Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 2, 2024 2:30 to 3 p.m. 1963 Bell Avenue Des Moines, Iowa Registration information for online participation may be found at www.iowaeda.com/red-tape-review January 9, 2024 10:30 to 11 a.m. 1963 Bell Avenue Des Moines, Iowa Registration information for online participation may be found at www.iowaeda.com/red-tape-review     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind 263—Chapter 8 and adopt the following new chapter in lieu thereof: CHAPTER 8PETITIONS FOR INVOLUNTARY CITY DEVELOPMENT ACTION[Prior to 12/11/02, see 263—Ch 2]

263—8.1(368) Purpose.  This chapter addresses the requirements and processes for city development board approval of petitions for involuntary city development action, including incorporation, discontinuance, annexation, severance, or consolidation. Such petitions shall be initiated pursuant to Iowa Code section 368.11 or 368.13 and this chapter. The body or bodies initiating the petition will be referred to in this chapter as the petitioner.

263—8.2(368) Contents of the petition.  This rule describes the information and documentation a petitioner is required to include in its petition.     8.2(1) General requirements.  The petition must provide all applicable information required by Iowa Code section 368.11(3). The petition must clearly identify the petitioner, the proposed action, and the name and address of each property owner within the affected territory. Affected territory shall be identified by complete legal description including, if applicable, right-of-way to the center line of secondary roads. The petition shall state that it does not propose any action prohibited by Iowa Code section 368.17. The petition shall include an overview of the proposed action and briefly describe the affected city or cities, the affected territory and the reasons for the proposed action.    8.2(2) Moratorium.  The petition shall contain a statement indicating whether an applicable city is a party to an existing moratorium agreement entered pursuant to Iowa Code section 368.4 and, if so, whether the proposed annexation is consistent with the terms of the agreement.    8.2(3) Map.  The map or maps included in the petition shall clearly show all boundaries of the affected city or cities and all affected territory, adjacent roadways, the relationship of the affected territory to any city, and all geographic features deemed relevant to the proposed action. If the petition proposes incorporation, the proposed city boundary shall be shown. The board may request that the petitioner provide information demonstrating the existing and anticipated use of the territory.    8.2(4) County auditor verification.  The petition shall include documentation that the county auditor has verified the accuracy and completeness of the legal description of all affected territory and verified current ownership of the parcel(s) included. If the auditor fails to respond to the petitioner’s request for verification within 14 days, the petitioner may provide a copy of the request and a statement indicating that no response was received.    8.2(5) Assessed valuations.  The petition shall include the assessed valuation and classification assigned for tax purposes (agricultural, residential, commercial, etc.) for each parcel of platted and unplatted land within the affected territory. Documentation shall be provided that the information required by this subrule has been verified in writing by the applicable city or county assessor. If the assessor fails to provide the requested verification within 14 days, the petitioner may provide a copy of the request and a statement indicating that the verification was not provided.    8.2(6) Population density.  Population density shall be delineated for the existing city, for the territory, and for the resulting city if the proposal is approved. Population density shall be expressed as persons per acre if the petition proposes annexation or persons per square mile if the petition proposes incorporation, discontinuance, severance or consolidation.    8.2(7) Population growth.  If the petition seeks annexation, consolidation or incorporation, the petition shall include projected population growth for the city and the territory. Population projections shall be for a 10- or 20-year period and may be taken from an existing comprehensive plan or may be calculated based on relevant data if no comprehensive plan exists.    8.2(8) Regulations and projections.  The petition shall include a description of current and proposed zoning regulations that apply to the affected territory. Projected development and land use patterns shall be described as if existing land use regulations will be continued and as if new applicable land use regulations would be applied after annexation, if approved. Residential, commercial, and industrial development projections shall be provided based on population projections for the city and territory.If the petition proposes annexation, the amount of vacant developable land within the existing corporate limits and within the territory, as well as an estimate of the amount of developable land needed to accommodate future growth, shall be provided.    8.2(9) Topography.  Topographical information shall be in map and narrative form. Maps shall include any affected city and the affected territory and shall consist of contour lines at ten-foot intervals as may be taken from contour maps of the United States Geological Survey or any other source acceptable to the board. A narrative description shall identify flood plains, drainage areas, drainage ways, slopes and bluffs. In petitions proposing annexation or incorporation, the narrative shall also address potential impacts of topography on development of urban uses and the extension of municipal services.    8.2(10) Plans.  Petitions shall describe plans for disposal of assets, assumption of liabilities, and provision of services as applicable to the action requested in the petition.    a.    Petitions for annexation, consolidation and incorporation shall describe existing and proposed municipal services and facilities, including but not limited to water supply, sewage disposal, police and fire protection, and street and road maintenance, and the estimated cost of providing proposed services.    b.    Petitions for annexation shall describe the capability of the existing city sewage system; water system; transportation infrastructure; park and recreation system; and police, fire, and public works departments to accommodate the addition of territory and projected development. The petition shall also include an analysis of existing bonding capacity and bonded indebtedness and the assets a city may receive including property tax, increase in municipal bonding capacity, state and federal shared revenues, special assessment policies, revenue bonds, user fees, and federal funds where applicable.    c.    Petitions for incorporation shall describe the capability of the proposed city to develop a sewage system; water system; transportation infrastructure; park and recreation system; and police, fire, and public works departments to accommodate the territory proposed for incorporation and an explanation of the assets the proposed city may receive, including property tax, an increase in municipal bonding capacity, state and federal shared revenues, special assessment policies, revenue bonds, user fees, and federal funds where applicable.    d.    Petitions for severance and discontinuance shall describe the adequacy of sewage disposal, water supply, police and fire protection, and other municipal services being provided to the territory by the city. Such petitions shall also include a statement of the capability and intent of the county in which the city or territory is located to assume responsibility for police protection, street and road maintenance and repair, and other services and an analysis of the capability of the township fire district to provide fire protection.    e.    Petitions for discontinuance shall include an inventory of all real estate, funds, and personal property owned by the city and all existing liabilities of the city, and a proposal for disposition of all assets and satisfaction or assumption of all liabilities.    8.2(11) Committee consideration.  The petition shall include documentation to allow assessment of the relevant considerations for committee approval in Iowa Code section 368.16.    8.2(12) Service agreements.  The petition shall identify services that may be provided through agreement with township fire districts and rural water and sanitary districts and proposed agreements with any county or city for police protection, ambulance service, or any other service deemed to be of importance to the proposed boundary adjustment and shall present examples of existing service agreements.    8.2(13) Shared roads.  The petition shall include a proposed formal agreement between affected municipal corporations and counties for the maintenance and improvement and traffic control of any road that is divided as a result of an incorporation or a boundary adjustment.

263—8.3(368) Preliminary notice and public meeting.  A petitioner initiating an involuntary city development proceeding shall comply with the applicable notice, publication, and public meeting requirements contained in Iowa Code section 368.11. For purposes of calculating the required period of notice, business days include Monday through Friday of each week, except legal holidays as set forth in Iowa Code section 4.1(34). Proof of substantial compliance with these requirements, including copies of certified mail receipts, certification of publication of notice of the meeting, minutes of the public meeting and copies of the documents received at the meeting, shall accompany each petition submitted pursuant to this chapter.

263—8.4(368) Filing and service.  The petitioner shall send two copies of a petition, including all supporting documentation, to the board. A petition will be deemed filed with the board on the date it is received by board staff. The board shall acknowledge receipt of the petition. The petitioner shall serve notice of the filing as required by Iowa Code section 368.11(1) within seven days of filing a petition with the board. The petitioner shall file proof of compliance with the service requirement with the board.

263—8.5(368) Costs.  All costs that are incurred in drafting a petition, preparing supporting documents, mailing and publishing notices and other preliminary proceedings and the cost of recording, if the proposal is approved, shall be borne by the petitioner.

263—8.6(368) Staff review of petition.  Within two weeks of receiving a petition filed pursuant to this chapter, board staff will review the request to determine whether the petitioner has filed all required information. If the petition is incomplete, staff shall notify the petitioner, identifying the required item(s) omitted and offering the petitioner an opportunity to provide the omitted information prior to submission of the petition to the board.

263—8.7(368) Submission of petition to the board—notice.  A petition filed pursuant to this chapter will be considered by the board at the first meeting conducted 31 days or more after the petition is filed. The board shall provide the petitioner with notice of all meetings at which the board will consider the petition.

263—8.8(368) Board review of petition—waiver.  Upon submission of a petition, the board shall review the petition for substantial compliance with Iowa Code section 368.11 and this chapter. In conducting this review, the board will presume that factual assertions made within the petition are accurate. The board may, however, request and examine appropriate public records or request additional information from the petitioner if deemed necessary to its review. The board may waive any requirement of this chapter upon finding the requirement inapplicable to the petition under review.

263—8.9(368) Board action on petition.  The board shall accept for further proceedings any petition that it finds to be in substantial compliance with Iowa Code section 368.11 and this chapter. The board may dismiss a petition pursuant to Iowa Code section 368.12.

263—8.10(368) Formation of local committee.  If the petition is accepted by the board for further proceedings, the board shall direct the appointment of local representatives to a committee as required by Iowa Code section 368.14. Committee appointments shall be made by resolutions of the appropriate governing bodies within 45 days of issuance of the board’s order. The resolutions shall state that the local representative selected is qualified to serve on the committee pursuant to Iowa Code section 368.14. Copies of the resolutions and the address and telephone number of each local representative shall be promptly submitted to the board. In the event a city or county fails to timely notify the board of appointment of its local representative, the committee may conduct its proceedings in the absence of that local representative so long as a quorum is present.       These rules are intended to implement Iowa Code chapter 368.
ARC 7139CCity Development Board[263]Notice of Intended Action

Proposing rulemaking related to committee proceedings on petitions for involuntary city development action and providing an opportunity for public comment

    The City Development Board hereby proposes to rescind Chapter 9, “Committee Proceedings on Petitions for Involuntary City Development Action,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 368.10.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapters 17A and 368.Purpose and Summary    Pursuant to Executive Order 10, the Board proposes to rescind Chapter 9 and adopt a new chapter with the same name in lieu thereof. The proposed chapter will omit repetition of statutory language and clarify Board policies and procedures. Citations to rules in 263—Chapter 8 are to the newly proposed chapter in the Notice of Intended Action for 263—Chapter 8 (ARC 7138C, IAB 12/13/23).Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 263—Chapter 6. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on January 9, 2024. Comments should be directed to: Lisa Connell Iowa Economic Development Authority 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Phone: 515.348.6163 Email: lisa.connell@iowaeda.com Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 2, 2024 3 to 3:30 p.m. 1963 Bell Avenue Des Moines, Iowa Registration information for online participation may be found at www.iowaeda.com/red-tape-review January 9, 2024 11 to 11:30 a.m. 1963 Bell Avenue Des Moines, Iowa Registration information for online participation may be found at www.iowaeda.com/red-tape-review     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind 263—Chapter 9 and adopt the following new chapter in lieu thereof: CHAPTER 9COMMITTEE PROCEEDINGS ON PETITIONS FOR INVOLUNTARY CITY DEVELOPMENT ACTION[Prior to 12/11/02, see 263—Ch 3]

263—9.1(368) Formation of committee.  A committee formed pursuant to Iowa Code section 368.14 and rule 263—8.10(368) shall conduct proceedings consistent with Iowa Code sections 368.15 through 368.19. The board shall notify all parties that the committee has been formed and direct the parties to file all motions, pleadings, and submissions relating to the petition with the committee, in care of the board.

263—9.2(368) Meetings.  Meetings of the committee shall be conducted in compliance with Iowa Code chapter 21.    9.2(1) Scheduling.  Committee hearings shall be scheduled by the board and may be tentatively scheduled when the board accepts a petition. Board staff shall verify the availability of local representatives to participate on the scheduled hearing date and will notify the board if the local representatives are not all available on the date initially selected by the board.    9.2(2) Quorum.  A quorum of the committee, as established by Iowa Code section 368.14, must be present in order for the committee to conduct a meeting or hearing.    9.2(3) Chairperson.  The chairperson of the board, or the chairperson’s designee, shall serve as chairperson of all committee proceedings.    9.2(4) Notice.  Notice of the time, place, and purpose of each meeting shall be provided by regular mail to all parties, posted at the office of the board, and made available to all interested persons upon request. Notice of a committee public hearing will also be published as required by Iowa Code section 368.15.    9.2(5) Meeting format or location.  The committee chairperson may, on the chairperson’s own motion or as requested by a party, order hearings or argument to be held by electronic means in which all parties have an opportunity to participate. The chairperson will consider convenience of the witnesses or parties, as well as the nature of the case, when a meeting format or location is chosen. Objections, if any, shall be filed with the committee and served on all parties at least three business days in advance of the hearing.

263—9.3(368) Parties to proceedings.  An individual or entity may become a party by filing a written appearance identifying one person upon whom the board or committee may serve all orders or correspondence. The written appearance may be filed with the party’s initial filing in the proceeding or may be filed after the proceeding has been docketed. If available, the appearance shall include reference to the applicable docket numbers. The city for which the boundary adjustment is proposed, any city whose urbanized area contains the territory, and any county or regional planning authority that contains the territory will be considered a party without filing an appearance.

263—9.4(368) Filing of documents.  Each party shall serve any document that it files with the board or committee on all other parties and provide proof of service. The board or committee shall give all parties a copy of any document filed with the board or committee that was not served on all other parties or that was provided by someone other than a party. All parties shall have an opportunity to comment on any such document either orally or in writing as the board or committee so specifies. Except as otherwise provided by law, a document is deemed filed at the time it is received by board staff.    9.4(1) Form of motions.      a.    No technical form for motions is required. Prehearing motions must be in writing, state the grounds for relief, and state the relief sought.    b.    Any party may file a written response to a motion within ten days after the motion is served, unless the time period is extended or shortened by the committee.    c.    In ruling on a motion, the committee may consider a failure to respond within the required time period as evidence of a lack of objection to the motion.    9.4(2) Proof of service.      a.    Proof of mailing includes either a legible United States Postal Service nonmetered postmark on the envelope, a certificate of service, a notarized affidavit, or a certification in substantially the following form:I certify under penalty of perjury and pursuant to the laws of Iowa that, on (date of mailing), I mailed copies of (describe document) addressed to the (insert board title) and to the names and addresses of the parties listed below by depositing the same in (a United States post office mailbox with correct postage properly affixed or state interoffice mail).(Date) (Signature)    b.    The committee chairperson may by order permit service or filing of a particular document by email or similar electronic means, unless precluded by a provision of law. In the absence of such an order, electronic transmission shall not satisfy service or filing requirements but may be used to supplement service or filing.    9.4(3) Time requirements.      a.    Time shall be computed as provided in Iowa Code section 4.1(34).    b.    For good cause, the committee may extend or shorten the time to take any action, except as precluded by statute. Except for good cause stated in the record, before extending or shortening the time to take any action, the committee shall afford all parties an opportunity to be heard or to file written arguments.

263—9.5(17A) Ex parte communication.      9.5(1)   There shall be no communication, directly or indirectly, between the committee members that would constitute prohibited ex parte communications pursuant to Iowa Code section 17A.17. Nothing in this provision is intended to preclude the committee members from seeking the advice or help of board staff or persons other than those with a personal interest in, or advocating in, either the case under consideration or a pending factually related case involving the same parties as long as those persons do not directly or indirectly communicate to a committee member any ex parte communications they have received of a type that the committee member would be prohibited from receiving or that furnish, augment, diminish, or modify the evidence in the record.    9.5(2)   Prohibitions on ex parte communications pursuant to subrule 9.5(1) commence with the receipt of a petition for board members and with appointment to a committee for local representatives and continue for as long as the case is pending.    9.5(3)   To avoid prohibited ex parte communications, notice must be given in a manner reasonably calculated to give all parties a fair opportunity to participate in any communications with the committee. Notice of written communications shall be provided in compliance with rule 263—9.4(368) and may be supplemented by telephone, email or other means of notification. Where permitted, oral communications may be initiated through electronic means including all parties or their representatives.    9.5(4)   Committee members may communicate with each other without notice or opportunity for parties to participate, provided that a quorum of the committee is not present.    9.5(5)   Board staff or other persons may be present in deliberations or otherwise advise the committee members without notice or opportunity for parties to participate as long as they are not disqualified from participating in the making of a proposed or final decision under any provision of law and they comply with subrule 9.5(1).    9.5(6)   Communications with the committee members involving uncontested scheduling or procedural matters do not require notice or opportunity for parties to participate. Parties should notify other parties prior to initiating such contact with committee members when feasible and shall notify other parties when seeking to continue hearings or other deadlines pursuant to rule 263—9.9(368).    9.5(7)   A committee member who receives a prohibited ex parte communication must initially determine if the effect of the communication is so prejudicial as to warrant disqualification pursuant to rule 263—9.6(17A). If disqualification is warranted, a copy of any prohibited written communication, all written responses to the communication, a written summary stating the substance of any prohibited oral or other communication not available in written form for disclosure, all responses made, and the identity of each person from whom the committee member received a prohibited ex parte communication shall be submitted for inclusion in the record under seal by protective order. If the committee member determines that disqualification is not warranted, the documents identified in this subrule shall be included in the record of the proceeding and served on all parties. Any party desiring to rebut the prohibited communication must be allowed the opportunity to do so upon written request filed within ten days after notice of the communication.    9.5(8)   Promptly after being assigned to serve as committee member, a committee member shall disclose to all parties material factual information received through ex parte communication prior to such assignment unless the factual information has already been or shortly will be disclosed pursuant to Iowa Code section 17A.13(2) or through discovery. Factual information contained in a petition or similar document need not be separately disclosed by the committee member as long as such documents have been or will shortly be provided to the parties.    9.5(9)   The committee may render a proposed or final decision imposing appropriate sanctions for violations of this rule including default, a decision against the offending party, censure, or suspension or revocation of the privilege to practice before the committee.

263—9.6(17A) Disqualification.      9.6(1)   A committee member shall withdraw from participation in the making of any proposed or final decision in a proceeding pursuant to this chapter if that person:     a.    Has a personal bias or prejudice concerning a party or a representative of a party;    b.    Has personally investigated 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 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 who (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; or    g.    Has any other legally sufficient cause to withdraw from participation in the decision making in that case.    9.6(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 that 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 board functions, including fact gathering for purposes other than investigation of the matter that culminates in a contested case. Factual information relevant to the merits of a contested case received by a person who later serves as committee member in that case shall be disclosed if required by Iowa Code section 17A.17(3) and subrules 9.5(9) and 9.6(3).    9.6(3)   If a committee member knows of information that might reasonably be deemed a basis for disqualification and decides voluntary withdrawal is unnecessary, that person shall submit the relevant information for the record by affidavit, including a statement of the reasons for the determination that withdrawal is unnecessary.    9.6(4)   If a party asserts disqualification on any appropriate ground, 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.    9.6(5)   If, during the course of the hearing, a party first becomes aware of evidence of bias or other grounds for disqualification, the party may move for disqualification but must establish the grounds by the introduction of evidence into the record.

263—9.7(368) Prehearing activities.      9.7(1) Prehearing conference.  An informal conference of parties may be ordered at the discretion of the committee chairperson or at the request of any party prior to a hearing in any proceeding. A written request for prehearing conference or an order for prehearing conference on the committee chairperson’s own motion shall be filed not less than ten days prior to the hearing date. A prehearing conference shall be scheduled not less than five business days prior to the hearing date.    a.    Notice of a prehearing conference shall be provided as described in subrule 9.2(4).    b.    A prehearing conference may be ordered for the purpose of formulating issues and considering the following:    (1)   The simplification of issues.    (2)   The necessity or desirability of amending the petition or other filings for the purpose of clarification, amplification or limitation.    (3)   Stipulations of law or fact or on the admissibility of exhibits.    (4)   The procedure at the hearing.    (5)   The propriety of prior mutual exchange of prepared testimony and exhibits between or among the parties.    (6)   Such other matters as may aid in the simplification of the evidence and disposition of the proceeding.    c.    Action agreed upon at the conference shall be made a part of the record in such manner as may be prescribed by the committee chairperson at the close of the conference.    9.7(2) Discovery.  Parties involved in involuntary boundary adjustment proceedings shall follow the discovery procedures specified in the Iowa Rules of Civil Procedure. At the public hearings, such evidence may be introduced and entered into the record if the evidence would otherwise be admissible.    a.    Discovery procedures applicable in civil actions apply to proceedings conducted pursuant to this chapter. Unless lengthened or shortened by these rules or by order of the committee chairperson, time periods for compliance with discovery shall be as provided in the Iowa Rules of Civil Procedure.    b.    Any motion relating to discovery shall allege that the moving party has previously made a good-faith attempt to resolve the discovery issues involved with the opposing party. Motions in regard to discovery shall be ruled upon by the committee. Opposing parties shall be afforded the opportunity to respond within ten days of the filing of the motion unless the time is shortened as provided in subrule 9.4(3). The committee may rule on the basis of the written motion and any response or may order argument on the motion.    c.    Interrogatories, depositions and other documents and evidence discovered shall not be submitted to the committee prior to the public hearings. Evidence obtained in discovery may be used in the boundary adjustment proceeding if that evidence would otherwise be admissible in that proceeding.    9.7(3) Subpoenas.  Witnesses who are subpoenaed are entitled to the same fees as subpoenaed witnesses in the district court of Iowa. These fees shall be paid by the party at whose insistence the testimony is to be given. Service of subpoenas shall be in like manner as provided by law for service of subpoenas in the district court of Iowa.    a.    Board staff shall issue subpoenas upon written request. Subpoenas issued may compel the attendance of witnesses at depositions or hearings and may compel the production of books, papers, records, and other real evidence. A command to produce evidence or to permit inspection may be joined with a command to appear at depositions or hearings or may be issued separately.    b.    A request for a subpoena shall include the following information, as applicable:    (1)   The name, address and telephone number of the person requesting the subpoena;    (2)   The name and address of the person to whom the subpoena shall be directed;    (3)   The date, time and location at which the person shall be commanded to attend and give testimony;    (4)   Whether the testimony is requested in connection with a deposition or hearing;    (5)   A description of the books, papers, records or other real evidence requested;    (6)   The date, time and location for production or inspection and copying.    c.    Each subpoena shall contain, as applicable:    (1)   The caption of the case;    (2)   The name, address and telephone number of the person who requested the subpoena;    (3)   The name and address of the person to whom the subpoena is directed;    (4)   The date, time and location at which the person is commanded to appear;    (5)   Whether the testimony is commanded in connection with a deposition or hearing;    (6)   A description of the books, papers, records or other real evidence the person is commanded to produce;    (7)   The date, time, and location for production, or inspection and copying;    (8)   The time within which a motion to quash or modify the subpoena must be filed;    (9)   The signature, address and telephone number of the board’s administrator or designee;    (10)   The date of issuance;    (11)   A return of service.    d.    Board staff shall mail or provide the subpoenas to the requesting party. The person who requested the subpoena is responsible for serving the subpoena upon the subject of the subpoena and providing copies of the subpoena to all parties to the proceeding.    e.    Any person who is aggrieved or adversely affected by compliance with the subpoena, or any party who desires to challenge the subpoena, must, within 14 days after service of the subpoena, or before the time specified for compliance if such time is less than 14 days, file with the committee a motion to quash or modify the subpoena. The motion shall describe the legal reasons why the subpoena should be quashed or modified, and may be accompanied by legal briefs or factual affidavits.    f.    Upon receipt of a timely motion to quash or modify a subpoena, the committee may issue a decision. The committee may quash or modify the subpoena, deny the motion, or issue an appropriate protective order. Prior to ruling on the motion, the committee may schedule oral argument or hearing by electronic means or in person.

263—9.8(368) Notice of public hearings.  Notices shall comply with subrule 9.2(4).    9.8(1)   Notice of the public hearing shall include:    a.    A statement of the time, place and nature of the hearing;    b.    A statement of the legal authority and jurisdiction under which the hearing is to be held;    c.    A reference to the particular sections of the statutes and rules involved; and    d.    A short and plain statement of the matters asserted.    9.8(2)   Notice of the public hearing shall comply with Iowa Code section 362.3 and chapter 21.

263—9.9(368) Continuance.  Hearings or proceedings relating to matters that are within the jurisdiction of the committee may be continued by the committee, and notice thereof shall be given to all parties. Prior to the commencement of the hearing or other proceeding, a party may, upon written motion to the committee, request a continuance. Copies of said written motion must include proof of service upon all parties to the proceedings. All parties shall have an opportunity to file resistances to said motion, and the committee may, in its discretion, allow the parties to present oral arguments relative to the motion pursuant to rule 263—9.4(368). A party may, during said hearing or proceeding, but not ex parte, request a continuance. All parties shall have an opportunity to comment on a request for a continuance made at the hearing either orally or in writing as specified by the committee.    9.9(1)   A written application for a continuance shall:    a.    Be made at the earliest possible time and no less than seven days before the hearing except in case of unanticipated emergencies;    b.    State the specific reasons for the request; and    c.    Be signed by the requesting party or the party’s representative.    9.9(2)   An oral application for a continuance may be made if the committee waives the requirement for a written motion. However, a party making such an oral application for a continuance must confirm that request by written application within five days after the oral request unless that requirement is waived by the committee. No application for continuance shall be made or granted without notice to all parties except in an emergency where notice is not feasible.    9.9(3)   In determining whether to grant a continuance, the committee may require documentation of any grounds for continuance, and may consider:    a.    Prior continuances;    b.    The interests of all parties;    c.    The likelihood of informal settlement;    d.    The existence of an emergency;    e.    Any objection;    f.    Any applicable time requirements;    g.    The existence of a conflict in the schedules of counsel, parties or witnesses;    h.    The timeliness of the request; and    i.    Other relevant factors.    9.9(4)   Board staff may enter an order granting an uncontested application for a continuance. Upon consultation with the committee chairperson or the chairperson’s designee, board staff may deny an uncontested application for a continuance or rule on a contested application for continuance.    9.9(5)   If a hearing is continued prior to the commencement of the hearing, notice of the continued hearing will be given as required in rule 263—9.8(368).

263—9.10(368) Public hearings.      9.10(1) General provisions.      a.    Public hearings shall be held on dates and at locations determined by the committee. The hearing shall be held in a place open to the public.    b.    The committee shall, prior to serving notice, make the petition or plan available for public inspection. The committee shall ensure that the petition or plan is available on or before the date of notice and publication.    c.    Before testimony is presented, the record shall show the identity of the committee members present, identity of the assistant attorney general and board staff, identity of the primary parties and their representatives, and the fact that all testimony is being recorded. The chairperson may also outline any ground rules and time limitations to allow all parties an opportunity to speak. The committee chairperson or assistant attorney general representing the committee may make a brief opening statement, including a summary of actions taken by the committee prior to the hearing.    d.    The committee chairperson shall be in control of the proceedings and have the authority to admit or exclude testimony or other evidence and to rule on all motions and objections.    e.    The committee shall listen to testimony and arguments from all those concerned and may ask questions of anyone at any point during any hearing.    f.    Legal counsel shall be at the discretion and expense of any party to the proceedings.    g.    Parties appearing before the committee should select one or two persons to serve as primary spokespersons for their positions.    h.    Any objection with respect to the conduct of the hearing, including an objection to the introduction of evidence, may be stated either orally or in writing, shall be accompanied by a short statement of the grounds of such objections, and shall be included in the record. No such objection shall be deemed waived by further participation by the objector in the hearing or proceeding.    i.    The committee may adjourn a hearing for good cause from time to time, upon request of either party or legal counsel representing the committee, for the purpose of a fair hearing.    j.    The committee chairperson shall maintain the decorum of the hearing and may refuse to admit or may expel anyone whose conduct is disorderly.    9.10(2) Format of public hearings.  The format of the public hearings will generally follow the procedure outlined below. However, the committee chairperson may tailor the format to the nature of the case. The petitioners shall have the burden of proof and shall present their evidence first. Other parties in the case will present their evidence following the petitioners as determined by the committee chairperson. The format will generally permit each party an opportunity to make an opening statement, including the names of any witnesses to be called to explain the party’s basic arguments, and to present testimony, evidence and exhibits in support of the party’s arguments.    a.    After each party’s presentation, questions may be asked of the presenters by members of the committee. Then the other parties may ask questions and cross-examine witnesses. Then others who are not parties may ask questions of the presenters.    b.    After the cross-examination and questioning are completed, there will be a comment period during which those who are not parties may make comments expressing their views regarding the petition. Those who wish to comment need not preregister with the committee prior to the hearing but need only to sign up at the time of the hearing. The committee chairperson may limit the length of the comments when a large number of people wish to testify.    c.    After the comment period, the parties will be offered an opportunity for rebuttal to evidence presented during the hearing. The petitioner will have the final opportunity for rebuttal.    d.    At the conclusion of all presentation of evidence, each party shall be permitted an opportunity for a closing statement summarizing its arguments.    e.    Failure to appear.    (1)   If a party to a hearing fails to appear, that party shall be deemed to have waived opportunity for the hearing or to participate in the hearing unless there is a show of good cause for such failure.    (2)   If a petitioner fails to appear at a proceeding, the hearing may be dismissed or postponed at the discretion of the committee or the committee may approve the petition on the basis of verified proof and affidavits, if any, filed in the case, which shall be considered as having been offered in evidence at the hearing by the petitioner.    9.10(3) Testimony at hearings.  At the public hearing, evidence may be presented in narrative form or question and answer form for each witness at the discretion of the committee chairperson.    a.    At the public hearing, all parties shall be allowed the opportunity to cross-examine witnesses and be given an opportunity for rebuttal.    b.    The committee members have the right to examine witnesses at any stage of the witnesses’ testimony. The committee chairperson may limit questioning in a manner consistent with law.    9.10(4) Evidence.  Rules of evidence shall be those set forth in Iowa Code section 17A.14.     a.    The committee chairperson shall rule on admissibility of evidence and may, where appropriate, take official notice of facts in accordance with all applicable requirements of law.    b.    Any party may object to specific evidence or may request limits on the scope of any examination or cross-examination. Such an objection must be timely and shall be accompanied by a brief statement of the grounds upon which it is based. The objection, the ruling on the objection, and the reasons for the ruling shall be noted in the record. The committee chairperson may rule on the objection at the time it is made or may reserve a ruling until the written decision.    c.    Whenever evidence is ruled inadmissible, the party offering that evidence may submit an offer of proof on the record. The party making the offer of proof for excluded oral testimony shall briefly summarize the testimony or, with permission of the committee chairperson, present the testimony. If the excluded evidence consists of a document or exhibit, it shall be marked as part of an offer of proof and inserted in the record.    d.    Individuals unable to attend a public hearing may submit written comments to the committee. Written comments shall become part of the permanent file of the hearing.    e.    When any material or relevant matter offered in evidence by any party is embraced in a book, paper or document containing other matter not material or relevant, the party offering the same shall plainly designate the matter so offered. If, in the judgment of the committee, such immaterial or irrelevant matter would unnecessarily encumber the record, such book, paper or document will not be received in evidence as a whole, but the material or relevant portions thereof, if otherwise admissible, may be read into the record or a true copy thereof supplied in the form of an exhibit.    f.    The committee may take note of appropriate public documents and records of a general scientific or technical nature by notice to all parties involved, limiting the time within which such parties may object to the accuracy of the facts sought to be proved from such documents or records.    g.    The party seeking admission of an exhibit must provide opposing parties with an opportunity to examine the exhibit prior to the ruling on its admissibility. Copies of documents shall be provided to opposing parties. Copies shall also be furnished to members of the committee. All exhibits admitted into evidence shall be appropriately marked, and the original exhibit shall be made part of the record. Written or printed materials shall be in sufficient quantity to supply one copy for each member of the committee and one copy for all other parties to the proceedings.    h.    Stipulation of facts is encouraged. The committee chairperson may make decisions based on stipulated facts.    i.    At any stage of the hearing or after the close of the hearing but prior to decision, the committee may call for further evidence to be presented by the parties concerned. All parties shall be given a copy of said additional evidence and shall have an opportunity to comment on said evidence either orally or in writing as the committee so specifies.    9.10(5) Record of public hearing.      a.    Oral proceedings shall be recorded.    b.    Board staff shall prepare an official record of all proceedings, including testimony and exhibits. Testimony taken by a mechanical recording device may be incorporated by reference if a transcript is not made. Transcription of the oral proceedings will be retained by the board for two years following the decision or until the case is resolved, whichever is later.    c.    Upon request, the board shall provide a copy of the whole record or any portion of the record. The requesting party may be required to pay the cost of preparing a copy of the record.    9.10(6) Posthearing brief.  The committee shall allow ten days after the final public hearing within which the parties may file briefs.    a.    Unless otherwise ordered by the committee chairperson, initial briefs shall be filed simultaneously by all parties. Briefs shall contain a concise statement of the case. Arguments shall be based on evidence introduced during the proceeding and shall specify the portions of the record where the evidence is found. No new evidence may be included in the posthearing briefs absent a request from the committee and compliance with paragraph 9.10(4)“i.” The initial brief of the party who bears the burden of proof shall include all arguments it intends to offer in its brief in support of its case and against the record case of the adverse party or parties.    b.    Reply briefs shall also be filed simultaneously, but only by those parties filing initial briefs, on a schedule set by the committee chairperson. A reply brief shall be confined to refuting arguments made in the brief of an adverse party.    c.    A copy of such briefs shall be given to the committee and all parties and shall be accompanied by written evidence of service upon all parties.    d.    A party’s failure to address an issue by brief shall not be deemed a waiver of that issue and shall not preclude the committee from deciding the issue on the basis of evidence appearing in the record.    e.    The committee chairperson may set a date and time for oral argument (including a time limit for argument), either in addition to or in lieu of briefs, when deemed necessary or in the public interest by the chairperson. Failure to discuss in oral argument points properly made in the briefs shall not be deemed a waiver thereof.

263—9.11(368) Committee decision.      9.11(1)   After the final public hearing and filing of briefs, the committee will meet to decide whether or not to approve the petition.     a.    Notice of the meeting will be provided pursuant to subrule 9.2(4).    b.    The committee may consider all information and arguments presented at the public hearing and in the briefs that were filed.    c.    No additional oral or written testimony will be taken or considered.    d.    The committee may conduct its deliberations in closed session pursuant to Iowa Code section 21.5 but shall announce its decision in open session.    e.    Within 90 days after the final public hearing, the committee shall approve or disapprove the petition or plan and shall file its written decision for record.    f.    The committee may amend the petition or plan prior to approving it.    g.    Decisions shall be in writing and rendered following the hearing. The decision shall include:    (1)   Identification of parties and basic issues.    (2)   Summary of findings of fact.    (3)   Summary of conclusions of law.    (4)   Ruling.    (5)   Reasons for ruling.    (6)   Order for implementation of the decision.    9.11(2)   Committee decisions, orders or rulings shall be signed by the chairperson or the chairperson’s authorized designee. Copies of the written decision shall be mailed to the parties.    9.11(3)   A request for a decision that seeks only a change in the effective date shall be made by motion filed, served and acted upon in a like manner as other motions.

263—9.12(368) Appeal of a committee decision.      9.12(1)   An appeal of a committee decision or the legality of an election on the proposed boundary adjustment may be made pursuant to Iowa Code sections 17A.19 and 368.22.    9.12(2)   Within 30 days of being notified of the filing of an appeal, board staff shall transmit a certified copy of the entire record of proceedings to the reviewing court. By stipulation of all parties to the appeal, the record of the proceedings may be shortened.

263—9.13(368) Rehearing procedures.      9.13(1)   Any party to a boundary adjustment proceeding may file an application for rehearing of the committee decision to approve or disapprove a proposed boundary adjustment.    9.13(2)   The application for rehearing shall be filed within 20 days of the date of the committee decision as specified in the order. If no date is specified in the order, the date of the committee decision is the date it is mailed or the date of delivery if service is by another means.    9.13(3)   The party applying for rehearing shall transmit a copy of the application for rehearing to all parties to the proceeding on the date of filing with the committee. If the application does not contain a certificate of service, the board shall file copies of the application on all parties, with the time for response beginning then.    9.13(4)   Contents of application.    a.    An application for rehearing shall specify the findings of fact and conclusions of law claimed to be erroneous and include a brief statement of the grounds of error.    b.    The application shall state whether the applicant desires reconsideration of all or part of the committee decision on the existing record and whether, on the basis of paragraph 9.13(4)“c,” the applicant requests an opportunity to provide additional evidence.    c.    A party may request the taking of additional evidence only by establishing:    (1)   The facts or other evidence arose after the original proceeding;    (2)   The party offering such evidence could not reasonably have provided such evidence at the original proceeding; or    (3)   The party offering the additional evidence was misled by any party as to the necessity for offering such evidence at the original proceeding.    d.    No further hearing will be granted when it is apparent that the added evidence will merely be cumulative.    e.    Any party may object to or resist an application for rehearing by filing a resistance with the committee within ten days of the filing of the application.    f.    The committee may grant or deny an application with or without a hearing on the application.    (1)   The application for rehearing shall be deemed denied unless the committee grants the application within 20 days of its filing.    (2)   An order granting or denying an application for rehearing is deemed issued on the date it is mailed by the committee or the date it is received if another method of delivery is used.    (3)   If the committee grants an application for rehearing, the committee may schedule oral argument or rehearing on the application if additional evidence will be received. If additional evidence will not be received, the committee may issue a ruling without oral argument or hearing. The committee may, on the request of a party or on its own motion, order or permit the parties to provide written argument on one or more designated issues.    (4)   If the committee denies an application, the committee shall proceed as if no application had been filed.       These rules are intended to implement Iowa Code chapters 17A and 368.
ARC 7140CCity Development Board[263]Notice of Intended Action

Proposing rulemaking related to board proceedings on petitions for involuntary boundary change after committee approval and providing an opportunity for public comment

    The City Development Board hereby proposes to rescind Chapter 10, “Board Proceedings on Petitions for Involuntary Boundary Change After Committee Approval,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 368.10.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapter 368 and section 17A.19.Purpose and Summary    Pursuant to Executive Order 10, the Board proposes to rescind Chapter 10 and adopt a new chapter in lieu thereof. The proposed new chapter will omit repetition of statutory language and clarify Board policies and procedures. Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 263—Chapter 6. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on January 9, 2024. Comments should be directed to: Lisa Connell Iowa Economic Development Authority 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Phone: 515.348.6163 Email: lisa.connell@iowaeda.com Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 2, 2024 3:30 to 4 p.m. 1963 Bell Avenue Des Moines, Iowa Registration information for online participation may be found at www.iowaeda.com/red-tape-review January 9, 2024 11:30 a.m. to 12 noon 1963 Bell Avenue Des Moines, Iowa Registration information for online participation may be found at www.iowaeda.com/red-tape-review     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind 263—Chapter 10 and adopt the following new chapter in lieu thereof: CHAPTER 10BOARD PROCEEDINGS ON PETITIONS FOR INVOLUNTARY BOUNDARY CHANGE AFTER COMMITTEE APPROVAL

263—10.1(368) Election.  If a petition or plan is approved, the board shall submit the proposal at an election held pursuant to Iowa Code section 368.19, regardless of appeal or applications for rehearing filed pursuant to rule 263—9.13(368).

263—10.2(368) Final order.  The board will issue an order stating the boundary change is complete in conjunction with the procedure after approval specified in Iowa Code section 368.20 and include such order with documents filed or recorded.

263—10.3(368) Record.       10.3(1)   The record of an involuntary boundary adjustment proceeding shall include the following as applicable:    a.    The original petition or plan and any amendment;    b.    Proofs of service and publication of required public hearing notices;    c.    All pleadings filed with the board and committee and any answers or rulings on the pleadings;    d.    The public hearing transcript and all evidence received at public hearing;    e.    All briefs and documents filed on the board or committee by parties to the proceedings and all other filings made by those not parties;    f.    Public documents referenced by the board or committee;    g.    The committee’s findings of fact, conclusions of law and determination;    h.    The board’s election order;    i.    Certification and proof of publication of election results;    j.    The board’s final order.    10.3(2)   The record shall be opened when a petition is filed with the board and shall be closed when the board has issued its final order.

263—10.4(368) Appeal.      10.4(1)   When an appeal is filed pursuant to Iowa Code section 368.22, the appellant shall notify the board and provide a copy of the appeal.    10.4(2)   Within 30 days after the filing of the petition, the board shall transmit to the reviewing court the original or a certified copy of the entire record of the case that is the subject of the petition. By stipulation of all parties to the review proceedings, the record of such a case may be shortened.

263—10.5(368) Board supervision of proposal execution.  The board shall proceed accordingly in the following cases:    10.5(1) Discontinuance.  The board will supervise discontinuance of a city pursuant to Iowa Code section 368.21. The board shall take control of all city balances, property, and records during the six-month period following the last notice of discontinuance published by the board. Upon the close of the six-month period, the board shall determine the extent of any unpaid allowed claims and such determination shall be verified by a certified public accountant or by the state auditor. In the case of unpaid allowed claims, the board shall approve payment from the discontinued city’s account or shall direct the appropriate governing body to levy the necessary taxes.    10.5(2) Boundary adjustment.  The board may, upon request of the applicable governing bodies, provide advisory assistance in implementation of an annexation, severance, or consolidation.    10.5(3) Consolidation.  After a consolidation has been approved in an election held pursuant to Iowa Code section 368.19, the board may authorize the cities to continue to operate as individual cities until an election of a new city council has been held and the result certified. The election of a new city council shall be held within 90 days of the date of the appeal period authorized by Iowa Code section 368.22.       These rules are intended to implement Iowa Code section 17A.19 and chapter 368.
ARC 7141CCity Development Board[263]Notice of Intended Action

Proposing rulemaking related to identification and annexation of islands and providing an opportunity for public comment

    The City Development Board hereby proposes to rescind Chapter 11, “Islands—Identification and Annexation,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 368.10.State or Federal Law Implemented    This rulemaking implements, in whole or in part, 1991 Iowa Acts, House File 182.Purpose and Summary    Pursuant to Executive Order 10, the Board proposes to rescind Chapter 11. The Board was directed to initiate this Notice of Intended Action.     The chapter describes the process by which islands (as defined in Iowa Code section 368.1(10)) were identified by county boards of supervisors and annexed to surrounding cities by the Board pursuant to 1991 Iowa Acts, House File 182. The legislation granted the Board the authority to annex islands to surrounding cities that were identified prior to January 15, 1992, and also prevented the creation of additional islands after the effective date of the Act. Because the time period for identification and annexation of islands has passed and no additional islands can be created, the chapter is obsolete. Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 263—Chapter 6. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on January 9, 2024. Comments should be directed to: Lisa Connell Iowa Economic Development Authority 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Phone: 515.348.6163 Email: lisa.connell@iowaeda.com Public Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rulemaking 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind and reserve 263—Chapter 11.
ARC 7194CEducational Examiners Board[282]Notice of Intended Action

Proposing rulemaking related to complaints, investigations, and contested case hearings and providing an opportunity for public comment

    The Educational Examiners Board hereby proposes to amend Chapter 11, “Complaints, Investigations, Contested Case Hearings,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 272.2(15) as amended by 2023 Iowa Acts, House File 430.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 272.2.Purpose and Summary    2023 Iowa Acts, House File 430, directs the Board to adopt rules related to retention of records, public notice, the evaluation of past complaints, and investigations. This proposed rulemaking implements that legislation.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 282—Chapter 6. Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on January 31, 2024. Comments should be directed to: Beth Myers Board of Educational Examiners 701 East Court Avenue, Suite A Des Moines, Iowa 50309-0147 Fax: 515.281.7669 Email: beth.myers@iowa.gov Public Hearing     A public hearing at which persons may present their views orally or in writing will be held as follows: January 31, 2024 1 to 2 p.m. Board Room 701 East Court Avenue, Suite A 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 rulemaking.     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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Amend subrule 11.4(9) as follows:    11.4(9) Confidentiality.  All complaint files, investigation files, other investigation reports, and other investigation information in the possession of the board or its employees or agents, which relate to licensee discipline, are privileged and confidential, and are not subject to discovery, subpoena, or other means of legal compulsion for their release to a person other than the respondent and the board and its employees and agents involved in licensee discipline, and are not admissible in evidence in a judicial or administrative proceeding other than the proceeding involving licensee discipline. However, investigative information in the possession of the board or its employees or agents which is related to licensee discipline may be disclosed to appropriate licensing authorities within this state, the appropriate licensing authorities in another state, the District of Columbia, or a territory or country in which the licensee is licensed or has applied for a license.Records related to written complaints shall be collected and retained and shall be evaluated if a similar complaint has been filed against the same licensed practitioner. Afinding of probable cause, a final written decision, anda finding of fact by the board in a disciplinary proceeding isconstitute a public record.

    ITEM 2.    Amend rule 282—11.5(272) as follows:

282—11.5(272) Investigation of complaints or license reports.  The chairperson of the board or the chairperson’s designee may request an investigator to investigate the complaint or report received by the board from another state, territory or other jurisdiction concerning license or certificate revocation or suspension pursuant to subrule 11.4(7); providing that the jurisdictional requirements have been met on the face of the complaint. The investigation shall be limited to the allegations contained on the face of the complaint. The investigator may consult an assistant attorney general concerning the investigation or evidence produced from the investigation. Upon completion of the investigation, the investigator shall prepare a report of the investigation for consideration by the board in determining whether probable cause exists.The investigation of the complaint shall be finalized even if the licensed practitioner resigns or surrenders the practitioner’s license, certificate, authorization, or statement of recognition during the investigation. The board shall investigate whether or not an administrator who is employed by the school that employs a licensed practitioner who is the subject of an investigation initiated under Iowa Code section 272.15(1)“a” as amended by 2023 Iowa Acts, House File 430, filed a written complaint and whether or not the administrator was required to report to the board pursuant to Iowa Code section 272.15 as amended by 2023 Iowa Acts, House File 430.
ARC 7193CEducational Examiners Board[282]Notice of Intended Action

Proposing rulemaking related to renewal or extension fees and providing an opportunity for public comment

    The Educational Examiners Board hereby proposes to amend Chapter 12, “Fees,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 17A.6 as enacted by 2023 Iowa Acts, House File 688, and sections 272.2 and 272.10.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 272.10.Purpose and Summary    2023 Iowa Acts, House File 672, creates a new renewal option with a reduced fee. 2023 Iowa Acts, House File 688, directs all agencies to adopt rules related to fees. This proposed rulemaking implements that legislation.Fiscal Impact     No new costs are anticipated; however, agency revenues will be reduced by an estimated $116,000 per year. Twenty-five percent of fees collected annually by the Board are credited to the General Fund, and the reduction in fees will result in a decrease of approximately $37,000 to the General Fund annually. Jobs Impact    The rulemaking will help with recruitment and retention for educators.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 282—Chapter 6. Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on January 31, 2024. Comments should be directed to: Beth Myers Board of Educational Examiners 701 East Court Avenue, Suite A Des Moines, Iowa 50309-0147 Fax: 515.281.7669 Email: beth.myers@iowa.gov Public Hearing     A public hearing at which persons may present their views orally or in writing will be held as follows: January 31, 2024 1 to 2 p.m. Board Room 701 East Court Avenue, Suite A 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 rulemaking.     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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Amend rule 282—12.2(272) as follows:

282—12.2(272) Fees for the renewal or extension of licenses, certificates, statements of professional recognition, and authorizations.  The fee for the renewal or extension of a license, certificate, statement of professional recognition, or authorization shall be $85 unless otherwise specified below:
  1. The renewal of the paraeducator certificate shall be $40.
  2. The renewal of the behind-the-wheel authorization shall be $40.
  3. A one-year extension for renewal of a coaching authorization shall be $40.
  4. A one-year extension of the initial license shall be $25. This extension may be issued if the applicant needs one additional year to meet the experience requirement for the standard license, but has met Iowa teaching standards, pursuant to rule 282—20.4(272).
  5. AThe fee shall be $25 fee for an extension of the initial administrator license, which may be issued instead of renewing the initial administrator license if the applicant verifies one of the criteria listed in 282—subrule 20.8(2).
  6. The fee for the renewal of a license, certificate, statement of professional recognition, or authorization for practitioners with a master’s degree or higher who have ten or more years of experience in education shall be $50.
ARC 7169CEducation Department[281]Notice of Intended Action

Proposing rulemaking related to general accreditation standards and providing an opportunity for public comment

    The State Board of Education hereby proposes to amend Chapter 12, “General Accreditation Standards,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 256.7(5).State or Federal Law Implemented    This rulemaking implements, in whole or in part, 2023 Iowa Acts, Senate File 496.Purpose and Summary    This proposed rulemaking addresses items required by Senate File 496. These deal with age-appropriate instruction; requirements for library programs, including library materials and online availability of library catalogs; compliance with newly enacted Iowa Code section 279.80 (related to the provision of any “program, curriculum, test, survey, questionnaire, promotion, or instruction relating to gender identity or sexual orientation to students in kindergarten through grade six”); and provisions with parental rights for accurate information regarding their children’s gender identity.    The proposed rulemaking contains new enforcement mechanisms in addition to those currently existing under Chapter 12. Those new enforcement mechanisms are required by Senate File 496.Fiscal Impact     There is an unknown fiscal impact to the Iowa Department of Education. The estimated fiscal impact for districts was set out in the Fiscal Note prepared for Senate File 496, available at www.legis.iowa.gov/docs/publications/FN/1370427.pdf.Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 4, 2024. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 3, 2024 2:30 to 3 p.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa January 4, 2024 10:30 to 11 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Strike “multicultural and gender fair” wherever it appears in 281—Chapter 12 and insert “age-appropriate, multicultural, and gender fair” in lieu thereof.

    ITEM 2.    Strike “Multicultural and gender fair” wherever it appears in 281—Chapter 12 and insert “Age-appropriate, multicultural, and gender fair” in lieu thereof:

    ITEM 3.    Strike “multicultural, gender fair” wherever it appears in 281—Chapter 12 and insert “age-appropriate, multicultural, and gender fair” in lieu thereof:

    ITEM 4.    Adopt the following new definitions of “Age-appropriate” and “Sex act” in rule 281—12.2(256):        "Age-appropriate," with the exception of the human growth and development, means topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group. “Age-appropriate” does not include any material with descriptions or visual depictions of a sex act. A reference or mention of a sex act in a way that does not describe or visually depict a sex act as defined in these rules is not included in the previous sentence. For purposes of human growth and development instruction required by Iowa Code section 279.50, “age-appropriate” means topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group.        "Sex act" means any sexual contact between two or more persons by any of the following:
  1. Penetration of the penis into the vagina or anus.
  2. Contact between the mouth and genitalia or mouth and anus or by contact between the genitalia of one person and the genitalia or anus of another person.
  3. Contact between the finger, hand, or other body part of one person and the genitalia or anus of another person, except in the course of examination or treatment by a person licensed pursuant to Iowa Code chapters 148, 148C, 151, or 152.
  4. Ejaculation onto the person of another.
  5. Use of artificial sexual organs or substitutes therefore in contact with the genitalia or anus.
  6. The touching of a person’s own genitals or anus with a finger, hand, or artificial sexual organ or other similar device at the direction of another person.

    ITEM 5.    Adopt the following new paragraph 12.3(12)"d":    d.    General. Each school district shall establish a kindergarten through grade 12 library program that is consistent with Iowa Code section 280.6 and with the educational standards established in this chapter, contains only age-appropriate materials, and supports the student achievement goals of the total school curriculum.    (1)   If, after investigation, the department determines that a school district or an employee of a school district has violated the provisions of this paragraph related to library programs containing only age-appropriate materials, beginning January 1, 2024, the school district or employee of the school district, as applicable, shall be subject to the following:    1.   For the first violation of this paragraph, the department shall issue a written warning to the board of directors of the school district or the employee, as applicable.    2.   For a second or subsequent violation of this paragraph, if the department finds that a school district knowingly violated this paragraph, the superintendent of the school district shall be subject to a hearing conducted by the board of educational examiners, which may result in disciplinary action.    3.   For a second or subsequent violation of this paragraph, if the department finds that an employee of the school district who holds a license, certificate, authorization, or statement of recognition issued by the board of educational examiners knowingly violated this paragraph, the employee shall be subject to a hearing conducted by the board of educational examiners, which may result in disciplinary action.    (2)   This paragraph relates solely to library programs operated by the district, which means library programs over which the district exercises administrative control.     (3)   Concerning enforcement provisions relating to library books containing only age-appropriate materials, the department may exercise enforcement discretion if any violation is voluntarily and permanently corrected prior to the department making a determination of a violation.     (4)   For library collections that serve multiple grade ranges, the district will exercise reasonable physical, administrative, and technological controls to ensure that students have access to age-appropriate materials based on the students’ age and grade.    (5)   In complying with the requirements in Iowa Code section 279.77(3) as enacted by 2023 Iowa Acts, Senate File 496, section 13, the district, if it does not make available a comprehensive list of all books available to all students in libraries offered by the district on its website in real time, must post an updated list at least two times per calendar year.

    ITEM 6.    Adopt the following new subrules 12.3(15) and 12.3(16):    12 12.3 3(15) Compliance with Iowa Code section 279.80.      a.    A school district shall not provide any program, curriculum, test, survey, questionnaire, promotion, or instruction relating to gender identity or sexual orientation to students in kindergarten through grade six.     b.    “Gender identity” and “sexual orientation” have the meanings given in Iowa Code section 216.2.    c.    In monitoring and enforcing this subrule, the department will not conclude that a neutral statement regarding sexual orientation or gender identity violates Iowa Code section 279.80 as enacted by 2023 Iowa Acts, Senate File 496, or this subrule.    12 12.3 3(16) Parental rights in education.      a.    A school district shall not knowingly give false or misleading information to the parent or guardian of a student regarding the student’s gender identity or intention to transition to a gender that is different than the sex listed on a student’s official birth certificate or certificate issued upon adoption if the certificate was issued at or near the time of the student’s birth.    b.    If a student enrolled in a school district requests an accommodation that is intended to affirm the student’s gender identity from a licensed practitioner employed by the school district, including a request that the licensed practitioner address the student using a name or pronoun that is different than the name or pronoun assigned to the student in the school district’s registration forms or records, the licensed practitioner shall report the student’s request to an administrator employed by the school district, and the administrator shall report the student’s request to the student’s parent or guardian. Concerning a student’s request to use a name that is different from the name on the student’s registration forms or records, that request is governed by this subrule only if the request is an accommodation intended to affirm a student’s gender identity.    c.    If, after investigation, the department determines that a school district or an employee of a school district has violated this subrule, the school district or employee of the school district, as applicable, shall be subject to the following:    (1)   For the first violation of this subrule, the department shall issue a written warning to the board of directors of the school district or the employee, as applicable.    (2)   For a second or subsequent violation of this subrule, if the department finds that a school district knowingly violated this subrule, the superintendent of the school district shall be subject to a hearing conducted by the board of educational examiners, which may result in disciplinary action.    (3)   For a second or subsequent violation of this subrule, if the department finds that an employee of the school district who holds a license, certificate, authorization, or statement of recognition issued by the board of educational examiners knowingly violated this subrule, the employee shall be subject to a hearing conducted by the board of educational examiners, which may result in disciplinary action.    d.    Concerning enforcement of this subrule, the department may exercise enforcement discretion if any violation is voluntarily and permanently corrected prior to the department making a determination of a violation.
ARC 7158CEducation Department[281]Notice of Intended Action

Proposing rulemaking related to PACE program and gap tuition assistance program and providing an opportunity for public comment

    The State Board of Education hereby proposes to rescind Chapter 25, “Pathways for Academic Career and Employment Program; Gap Tuition Assistance Program,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code sections 260H.8 and 260I.11.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapters 260H and 260I.Purpose and Summary    This proposed rulemaking is directed by Executive Order 10. After review and Regulatory Analysis, the Department of Education identified many instances of overly restrictive language and language that duplicates statutory text verbatim. The rulemaking eliminates that language.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 4, 2024. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.242.5614 Email: thomas.mayes@iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 3, 2024 1 to 1:30 p.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa January 4, 2024 9 to 9:30 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind 281—Chapter 25 and adopt the following new chapter in lieu thereof: CHAPTER 25PATHWAYS FOR ACADEMIC CAREER AND EMPLOYMENT PROGRAM; GAP TUITION ASSISTANCE PROGRAMDIVISION IGENERAL PROVISIONS

281—25.1(260H,260I) Definitions.          "Department" means the Iowa department of education.        "Director" means the director of the Iowa department of education.        "Dislocated worker" means an individual eligible for services and benefits under the federal Trade Adjustment Act of 2002, P.L. 107-210. To be eligible, an individual must meet both criteria 1 and 2, plus any one of criteria 3 through 8:
  1. The individual is registered for the selective service, if applicable; and
  2. The individual is a citizen or national of the United States, a lawfully admitted permanent resident alien, a lawfully admitted refugee or parolee or an individual authorized by the Attorney General to work in the United States.
  3. The individual:
  4. Has been laid off or terminated, and
  5. Is eligible for or has exhausted entitlement to unemployment compensation, and
  6. Is unlikely to return to the individual’s previous industry or occupation; or
  7. The individual:
  8. Is in receipt of a notice of layoff or termination from employment, and
  9. Will be entitled to unemployment compensation at the time of layoff or termination, and
  10. Is unlikely to return to the individual’s previous industry or occupation; or
  11. The individual:
  12. Has been laid off or terminated, or has received a termination notice, and
  13. Has been employed for a duration of time to sufficiently demonstrate attachment to the workforce, and
  14. Is not eligible for unemployment compensation due to insufficient earnings, or has performed services for an employer not covered under the unemployment compensation law, and
  15. Is unlikely to return to the individual’s previous industry or occupation; or
  16. The individual has been laid off or terminated, or has received notice of layoff or termination, as a result of a permanent closure of or any substantial layoff at a plant, facility or enterprise; or
  17. The individual was formerly self-employed and is unemployed from the individual’s business; or
  18. The individual:
  19. Is a displaced homemaker who has been providing unpaid services to family members in the home, and
  20. Has been dependent on the income of another family member, and is no longer supported by that income, and
  21. Is unemployed or underemployed, and
  22. Is experiencing difficulty in obtaining or upgrading employment.
        "Federal poverty level" means the most recently revised poverty income guidelines published by the federal Department of Health and Human Services.        "IWD" means the Iowa workforce development department.        "Low skilled" means an adult individual who is basic skills deficient, has lower level digital literacy skills, has an education below a high school diploma, or has a low level of educational attainment that inhibits the individual’s ability to compete for skilled occupations that provide opportunity for a self-sufficient wage.        "State board" means the Iowa state board of education.        "Underemployed" means an adult individual who is working less than 30 hours per week, or who is employed any number of hours per week in a job that is substantially below the individual’s skill level and that does not lead to self-sufficiency.        "Unemployed" means an adult individual who is involuntarily unemployed and is actively engaged in seeking employment.
DIVISION IIPATHWAYS FOR ACADEMIC CAREER AND EMPLOYMENT (PACE) PROGRAM

281—25.2(260) PACE program.  The pathways for academic career and employment program (hereinafter referred to as PACE) is established to provide funding to community colleges for the development of projects that will lead to gainful, quality, in-state employment for members of target populations by providing them with both effective academic and employment training to ensure gainful employment and customized support services.    25.2(1) Target populations.  Individuals included in target populations are those individuals who meet one or more of the following:    a.    Are deemed by definition to be low skilled.    b.    Earn incomes at or below 250 percent of the federal poverty level.    c.    Are unemployed.    d.    Are underemployed.    e.    Are dislocated workers.    25.2(2) Eligibility criteria for projects.  Projects eligible for funding for PACE are to be projects that further the ability of members of target populations to secure gainful, quality employment; that further partnerships linking community colleges to industry and nonprofit organizations; and that further the following program outcomes:    a.    Enabling members of the target populations to:    (1)   Acquire and demonstrate competency in basic skills.    (2)   Acquire and demonstrate competency in a specified technical field.    (3)   Complete a specified level of postsecondary education.    (4)   Earn a national career readiness certificate.    (5)   Obtain employer-validated credentials.    (6)   Secure gainful employment in high-quality, local jobs.    b.    Meeting economic and employment goals, including:    (1)   Economic and workforce development requirements in each region served by the community colleges as defined by local advisory boards established pursuant to Iowa Code section 84A.4.    (2)   Needs of industry partners in areas including but not limited to the fields of information technology, health care, advanced manufacturing, transportation and logistics, and any other industry designated as in-demand by a local advisory board established pursuant to Iowa Code section 84A.4.

281—25.3(260H) Program component requirements.  Program components for a PACE project implemented at a community college are to meet the terms of Iowa Code section 260H.5.

281—25.4(260H) Pipeline program.  Each community college receiving funding for PACE is to meet the terms of Iowa Code section 260H.6.

281—25.5(260H) Career pathways and bridge curriculum development program.  Each community college receiving funding for PACE is to meet the terms of Iowa Code section 260H.7.

281—25.6(260H) Pathway navigators.  A community college may use moneys for the PACE program to employ pathway navigators to assist students as specified in Iowa Code section 260H.7A.DIVISION IIIGAP TUITION ASSISTANCE PROGRAM

281—25.7(260I) Gap tuition assistance program.  A gap tuition assistance program is established to provide funding to community colleges for need-based tuition assistance to enable applicants to complete continuing education certificate training programs for in-demand occupations.    25.7(1) Applicants for tuition assistance.  Eligibility for tuition assistance will be based on financial need. Eligibility criteria are set forth in Iowa Code sections 260I.3 and 260I.4.    25.7(2) Eligible costs.  Costs of an eligible certificate program are set forth in Iowa Code section 260I.5.    25.7(3) Eligible certificate programs.  For the purposes of this division, “eligible certificate program” means a program satisfying the criteria in Iowa Code section 260I.6.

281—25.8(260I) Initial assessment.  An eligible applicant for tuition assistance under this division is subject to an initial assessment administered by the community college pursuant to Iowa Code section 260I.7. In assessing an applicant under this division, a community college will use the national career readiness certificate; an assessment eligible under the Adult Education and Family Literacy Act, 20 U.S.C. Ch. 73, and approved by the department for use in an adult education and literacy program; or an established process utilizing valid measures for determining preparedness for the eligible certificate program, which may include processes for measuring academic preparedness used by the community college for placement of students into credit coursework.

281—25.9(260I) Program interview.  An eligible applicant for tuition assistance under this division is subject to an initial interview with the gap tuition assistance coordinator for the community college receiving the application. This interview is subject to the provision of Iowa Code section 260I.8.

281—25.10(260I) Participation requirements.  Participating individuals are subject to the provisions of Iowa Code section 260I.9.

281—25.11(260I) Oversight.  Statewide oversight, evaluation, and reporting efforts for the gap tuition assistance program are coordinated by the department pursuant to the terms of Iowa Code section 260I.10.    25.11(1)   A steering committee consisting of the Iowa department of education, the Iowa workforce development department, and community college continuing education deans and directors is established to determine if the performance measures of the gap tuition assistance program are being met and to correct any deficiencies. The steering committee will meet at least quarterly to evaluate and monitor the performance of the gap tuition assistance program.    25.11(2)   A common intake tracking system is established pursuant to Iowa Code section 260I.10(2).    25.11(3)   The steering committee will develop the required program criteria for PACE and gap tuition assistance-certified programs to be eligible for tuition assistance and program funding. These criteria will be developed based on best practices in the development and delivery of career pathway programs that provide a clear sequence of education coursework and credentials aligned with regional workforce skill needs; clearly articulate from one level of instruction to the next; combine occupational skills and remedial adult education; lead to the attainment of a credential or degree; assist with job placement; and provide wraparound social and socioeconomic support services with the goal of increasing the individual’s skills attainment and employment potential.    25.11(4)   To ensure efficient delivery of services, the department, in consultation with the community colleges, may redistribute funds available to the community colleges for purposes of this division.       These rules are intended to implement Iowa Code chapters 260H and 260I.
ARC 7159CEducation Department[281]Notice of Intended Action

Proposing rulemaking related to workforce training and economic development funds and providing an opportunity for public comment

    The State Board of Education hereby proposes to rescind Chapter 27, “Workforce Training and Economic Development Funds,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 256.7.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 260C.18A.Purpose and Summary    This proposed rulemaking is in response to Executive Order 10. After review and Regulatory Analysis, the Department of Education determined the current Chapter 27 contains many instances of overly restrictive language and language that duplicates statutory text verbatim. This rulemaking eliminates that language.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 4, 2024. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.242.5614 Email: thomas.mayes@iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 3, 2024 1 to 1:30 p.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa January 4, 2024 9 to 9:30 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind 281—Chapter 27 and adopt the following new chapter in lieu thereof: CHAPTER 27WORKFORCE TRAINING AND ECONOMIC DEVELOPMENT FUNDS

281—27.1(260C) Definitions.          "Community college" "college" means a community college established under Iowa Code chapter 260C.        "Department" means the Iowa department of education.        "Fund" "funds" means the workforce training and economic development funds created by Iowa Code section 260C.18A and allocated to each community college.        "Project" means a training or educational activity funded under this chapter.        "State board" "board" means the Iowa state board of education.        "Targeted areas" means the areas of advanced manufacturing; information technology and insurance; alternative and renewable energy, including the alternative and renewable energy sectors listed in Iowa Code section 476.42(1)“a”; and life sciences, which include the areas of biotechnology, health care technology, and nursing care technology.

281—27.2(260C) Funds allocation.  A fund is created and the department will allocate moneys as specified in Iowa Code section 260C.18A(2).

281—27.3(260C) Community college workforce and economic development fund plans and progress reports.  Each community college, to receive its allocation for the forthcoming fiscal year, is to prepare and submit to the department for state board consideration the following items for the fiscal year.    27.3(1) Workforce training and economic development fund plan.  Each college will adopt a workforce training and economic development fund plan for the upcoming year that outlines the community college’s proposed use of moneys appropriated to its fund. Plans are to be based on fiscal years and submitted to the department, in a manner prescribed by the department, by September 30 for the current fiscal year allocation. Plans are to describe how the college proposes to allocate funds to support individual allowable uses pursuant to rule 281—27.4(260C) and the planned amount to be used to support targeted areas.    27.3(2) Progress reports.  Each college that receives an allocation of moneys pursuant to rule 281—27.2(260C) will prepare an annual progress report detailing the plan’s implementation. The report is to be submitted to the department by September 30 of each year in a manner and form as prescribed by the department. The report will provide information regarding projects supported by the college’s fund, including the number of participants enrolled in each program, the number of participants who complete each program, the dollars spent on each allowable use pursuant to rule 281—27.4(260C), the dollars spent in targeted areas, and other data necessary to report on state program performance metrics.

281—27.4(260C) Use of funds.  Moneys deposited into each community college fund are to be expended as specified in Iowa Code section 260C.18A. Any individual project using over $1 million of moneys from a workforce training and economic development fund requires prior approval from the state board.

281—27.5(260C) Annual plan and progress report approval.      27.5(1)   The state board will review and consider approval of reports and plans submitted pursuant to rule 281—27.3(260C).    27.5(2)   The state board may reject a plan or progress report for any of the following reasons, including:    a.    Incomplete information or data;    b.    Failure to comply with rule 281—27.4(260C);    c.    Project not operated in compliance with state or federal law.    27.5(3)   If the state board does not accept a college’s annual progress report, the college is subject to the following actions as prescribed by the board based upon the severity of the noncompliance or default, including:    a.    The withholding of a portion of new fiscal year moneys based upon amounts awarded deemed to be ineligible;    b.    Tighter oversight and control of the college’s fund by the department;    c.    Loss of funds for one year;    d.    Other action deemed appropriate by the board.       These rules are intended to implement Iowa Code section 260C.18A.
ARC 7160CEducation Department[281]Notice of Intended Action

Proposing rulemaking related to high school equivalency diplomas and providing an opportunity for public comment

    The State Board of Education hereby proposes to rescind Chapter 32, “High School Equivalency Diploma,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 259A.5.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapter 259A.Purpose and Summary    This proposed rulemaking rescinds and replaces Chapter 32 related to high school equivalency diplomas. The Department of Education is proposing to remove unduly restrictive rule language. The Department is also proposing to remove an age restriction for High School Equivalency Test (HiSET) takers who are in the juvenile justice system (proposed subrule 32.2(3)). That age restriction is contrary to the underlying statute.    In reviewing this chapter, the Department consulted with colleagues at the Iowa Department of Workforce Development.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 4, 2024. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.242.5614 Email: thomas.mayes@iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 3, 2024 1 to 1:30 p.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa January 4, 2024 9 to 9:30 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind 281—Chapter 32 and adopt the following new chapter in lieu thereof: CHAPTER 32HIGH SCHOOL EQUIVALENCY DIPLOMA

281—32.1(259A) Definitions.  As used in this chapter:        "Adult education and literacy program" means the same as defined in 877—Chapter 32.        "Approved program" means any defined option established under this chapter for the completion of a high school equivalency diploma that has been approved by the department.        "Approved test" means the entire battery of subtests given under a high school equivalency test adopted by the department and administered at department-approved testing sites.        "Contact hour" means the same as described in 281—Chapter 21.        "Continuous enrollment" means a participant has not exited from the approved program as defined in the federal Workforce Innovation and Opportunity Act (34 CFR §361.150(c)), as effective on December 13, 2023).        "Demonstrated competence" means the ability to apply the knowledge and skills required to perform critical functions specific to a program of study. Competencies that measure the attainment of the knowledge, skills, and abilities equivalent to a high school program of study are to be aligned with content standards for adult education as referenced in 877—Chapter 32 and twenty-first century learning skills.        "Department" means the Iowa department of education.        "Eligible institution" means an entity as described in 877—Chapter 32.        "High school credit" means credit awarded for the successful completion of a secondary course or demonstrated competence equivalent to one-half unit as defined in 281—Chapter 12.        "High school equivalency diploma" means the credential granted by the department to adults who did not graduate from high school and are unable to receive a high school diploma through traditional means but who are able to demonstrate attainment of the knowledge, skills, and abilities that are equivalent to those that would be attained in a high school program of study.        "Resident" means an individual who satisfies the provisions of 281—subrule 21.2(11).        "Twenty-first century learning skills" means the same as defined in 281—Chapter 12.        "Work-site learning" means a planned and supervised work experience, equivalent to the training services defined in the federal Workforce Innovation and Opportunity Act, 29 U.S.C. §3174(c)(3)(D), as effective on December 13, 2023, that follows workplace laws and regulations, including the minimum wage prescribed by Iowa law or the federal Fair Labor Standards Act, if applicable.

281—32.2(259A) Eligibility to participate.      32.2(1)   No one under 16 years and nine months of age is allowed to participate in an approved program, with the exception of a person who is at least 16 years of age and satisfies one or more of the following conditions:    a.    Is a resident of an Iowa juvenile institution;    b.    Is an active participant in Job Corps; or    c.    Is under the supervision of a probation office.    32.2(2)   Anyone 16 years and nine months of age or older who is not enrolled in a secondary school nor is a high school graduate is permitted to apply for enrollment in an approved program. The requirements for admission into an approved program are:    a.    Proof of age and, for an applicant under 18 years of age, consent of the applicant’s parent or guardian.    b.    For an applicant under 19 years of age, verification of nonenrolled status from the last high school attended.    c.    Completion of a comprehensive intake by an eligible institution. For purposes of this chapter, the intake includes all of the following:    (1)   Assessment of the applicant’s reading level and career interests and aptitudes.    (2)   Discussion of program options available to the applicant regarding completion of a high school equivalency diploma, to include the requirements, expectations, benefits, and limitations of each option.    (3)   Development of a plan for the completion of one of the options discussed and subsequent activities necessary to work toward an identified goal, career pathway, occupation, or further education.    32.2(3)   An eligible participant who successfully completes an approved program will not be awarded a high school equivalency diploma until the participant reaches 18 years of age and the participant’s ninth grade class has graduated from high school. This subrule does not apply to eligible participants described in paragraphs 32.2(1)“a” through “c,” who may receive their diploma at any time after completion.

281—32.3(259A) By whom administered.  An approved program is to be administered by an eligible institution, which may provide one or more approved programs. The department will maintain a process by which an eligible institution may apply to offer an approved program.

281—32.4(259A) Diploma, transcript, verification fees.  Upon payment to the department or its designee of a fee for the actual cost of production and distribution of a high school equivalency diploma, transcript, or verification letter not to exceed $20 per document, the department will issue a high school equivalency diploma, transcript, or verification letter to an applicant who has achieved the minimum standards established in this chapter. Upon payment to the department or its designee of a fee for the actual cost of verification and issuance of a duplicate diploma, transcript, and verification letter not to exceed $20, the department or its designee will issue a duplicate diploma, transcript, or provide verification to the applicant or person authorized by the applicant to request these documents. Approved providers must track and submit to the department evidence of the applicant’s completion of the program requirements for the issuance of a high school equivalency diploma.

281—32.5(259A) Application, course, and testing fees.  The applicant or the applicant’s supporting agency is to pay an application, course, or testing fee to cover only necessary and reasonable testing or program costs. Fees paid directly to an approved program are considered program income and are to adhere to the federal Office for Management and Budget Uniform Guidance cost principles, as codified in 2 CFR §200.80, effective as of December 13, 2023.

281—32.6(259A) High school equivalency diploma program based on a department-approved test.  The department will award a high school equivalency diploma to an applicant who achieves the appropriate minimum standard scores on an approved test.    32.6(1) Validity of test scores.  Scores on an approved test remain valid for a period of five years from the date of the first subtest taken. If an applicant has not earned a high school equivalency diploma within this five-year period, the applicant must retake any expired subtest. The only exception is for test series that expire prior to the five-year period, in which case all previously taken subtests are void.    32.6(2) Retest.  Any applicant not achieving the minimum standard test score on any subtest in effect at the time of testing is permitted to apply for retest. Applicants may retest twice per calendar year, provided one of the following conditions is met:    a.    A period of three months from the date of initial testing has elapsed; or    b.    The applicant completes instruction in an adult education and literacy program in each subject area to be retested. This instruction is to be certified by an official of the adult education and literacy program provider to the test administrator authorized to release the retest.

281—32.7(259A) High school equivalency diploma program based on attainment of high school credits.  The department will award a high school equivalency diploma to an applicant who demonstrates completion of an approved program consisting of at least 36 high school credits. The approved program will be inclusive of the graduation requirements established under 281—Chapter 12 and consist of at least eight high school credits in English or communications; six credits in mathematics; six credits in science; six credits in social studies, including government; and ten elective credits that meet the requirements of subrule 32.7(4).    32.7(1) Award of prior credit.  The applicant is to provide certified, translated transcripts from any Iowa school district, accredited public or nonpublic high school, or regionally accredited college or university to document completion of credits earned that are equivalent to those required in an approved program established under this rule. Additional documentation may be requested to validate credits earned.    32.7(2) Minimum participation requirement.  An eligible applicant is to demonstrate competence through continuous enrollment in an approved program for a minimum of two high school credits.    32.7(3) Minimum graduation requirements.  If the applicant is not continuously enrolled in an approved program, the applicant becomes subject to the minimum graduation requirements applicable to the date of reenrollment.    32.7(4) Electives.      a.    Coursework for electives will align with twenty-first century learning skills and be classified in one of the following five areas:    (1)   Civic literacy;    (2)   Health literacy;    (3)   Technology literacy;    (4)   Financial literacy;    (5)   Employability skills.    b.    Work-site learning may be counted toward an elective, under the following conditions:    (1)   Evidence of prior work-site learning will be evaluated using a state-developed assessment tool and may be awarded a maximum of two high school credits. Credit earned for prior work-site learning will not be counted toward the minimum participation requirement, as described in subrule 32.7(2).    (2)   Current work-site learning will be evaluated using a state-developed assessment tool and may be awarded a maximum of two high school credits. Credit earned for current work-site learning may be counted toward the minimum participation requirement, as described in subrule 32.7(2).    32.7(5) Postsecondary credit.  Credit awarded by a regionally accredited postsecondary institution for the successful completion of a course that applies toward the requirements of a postsecondary credential, including a certificate, diploma, or associate, bachelor, or graduate-level degree program, will be accepted to fulfill the requirements for the satisfactory completion of a program as follows:    a.    One postsecondary semester credit or its equivalent is equal to one-third high school credit. The resulting high school credit may be used to satisfy either a core or elective credit requirement of an approved program.    b.    Twenty contact hours of noncredit postsecondary coursework is equal to one-third high school credit provided the coursework is aligned to regional career pathways and occupational needs. This credit can be used to satisfy an elective credit requirement of an approved program.

281—32.8(259A) High school equivalency diploma program based on postsecondary degree.      32.8(1) Postsecondary degree from a United States postsecondary institution.  The department will award a high school equivalency diploma to a resident applicant who presents an associate degree or higher that includes general education coursework and is awarded by a regionally accredited postsecondary institution. The applicant is to provide official transcripts to an adult education and literacy program to document completion of program requirements.    32.8(2) Postsecondary degree from a foreign postsecondary institution.  The department will award a high school equivalency diploma to a resident applicant who presents a postsecondary degree equivalent to an associate degree or higher, provided that the following conditions are met:    a.    The applicant presents to an adult education and literacy program an official transcript from an institution of higher education attesting to the completion of the program of study for the postsecondary degree. If the transcript is not in English, the applicant will also provide a certified translation.    b.    The applicant is a United States citizen or meets both of the following conditions:    (1)   Demonstrates proficiency in speaking, listening, reading, and writing as defined by the department’s approved English language proficiency standards; and    (2)   Has successfully completed a course in government or civics education as a component of an approved program.       These rules are intended to implement Iowa Code chapter 259A.
ARC 7162CEducation Department[281]Notice of Intended Action

Proposing rulemaking related to educational standards and program requirements for children’s residential facilities and providing an opportunity for public comment

    The State Board of Education hereby proposes to rescind Chapter 35, “Educational Standards and Program Requirements for Children’s Residential Facilities,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 282.34.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 282.34.Purpose and Summary    This proposed rulemaking is pursuant to Executive Order 10. After review and Regulatory Analysis, the Department of Education identified many instances of overly restrictive language and language that duplicates statutory text verbatim. This rulemaking eliminates that language.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 4, 2024. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.242.5614 Email: thomas.mayes@iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 3, 2024 1:30 to 2 p.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa January 4, 2024 9:30 to 10 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind 281—Chapter 35 and adopt the following new chapter in lieu thereof: CHAPTER 35EDUCATIONAL AND PROGRAM STANDARDS FOR CHILDREN’S RESIDENTIAL FACILITIES

281—35.1(282) General.  All school-age children, including children younger than 5 years of age and older than 18 years of age who are eligible children to receive special education, who are living in any children’s residential facility providing residential care to children within the state of Iowa, which is not otherwise exempted by the Iowa Code, are to be provided an appropriate education.

281—35.2(282) Definitions.  For purposes of this chapter, the following definitions apply:        "Child" "children" means an individual or individuals under 18 years of age. A child is “school-age” if the child is at least 5 years of age on September 15 but not more than 21 years of age or if the child is younger than 5 years of age or older than 18 years of age and is an eligible child to receive special education.        "Children’s residential facility" means the same as defined in Iowa Code section 237C.1(3) and may also be referred to as a “private facility.” It does not include any facility that houses school-age children and children eligible to receive special education who are under the jurisdiction of the department of corrections, department of health and human services, board of regents, or other governmental agency and that has current authority to offer direct instruction to children from funding available to one of the above agencies.

281—35.3(282) Establishing an appropriate educational program.  A children’s residential facility may accept any child of school age or a child who is eligible to receive special education services only after it has been issued a certificate of approval by the department of health and human services and has established an appropriate educational program and services under this chapter.    35.3(1)   A private facility will establish an appropriate educational program using one of the options provided in Iowa Code section 282.34(1).    35.3(2)   Any contract established by the private facility with a school district or accredited nonpublic school is to include, at a minimum, the physical location of the educational program and educational services; the parties involved; the purpose of the contract; the program description in detail; the powers, duties and authority of each party to the contract; the jurisdiction of each party to the contract; the dispute resolution procedure; specifications of the services that are contracted, if any, and how costs are to be calculated; billing procedures; how each legal, testing, and reporting obligation will be met; ownership of property belonging to the party that paid the cost or contributed the item; contract amendment procedures; contract approval procedures; contract renewal and termination procedures; duration of the contract; cross indemnification; application of laws, rules and regulations; binding effect; severability; assurances; and signature of the school board with legal power to authorize the terms of the contract. Any contract developed under this rule is to be submitted to the department of education for review and approval by the director of the department prior to enactment. A contract that fails to comply with any of the provisions of this chapter is void.    35.3(3)   Children residing in a private facility who need treatment or security throughout the day shall have classrooms made available at the site of the private facility at no cost to the school district providing the instructional program or instructional supervision. The classroom is to meet the requirements for educational space for children in accordance with the Iowa Code, administrative rules, and state fire marshal regulations.    35.3(4)   Nothing included in this chapter regulates religious education curricula of any private facility.

281—35.4(282) Notices, fees, and reporting.      35.4(1)   A private facility is to comply with Iowa Code sections 282.34(1)“b” and 282.34(1)“c.”    35.4(2)   If the educational programs and educational services are provided by or through the public school district of location, only fees related to the educational programs and educational services that are authorized by the Iowa Code, including but not limited to Iowa Code chapter 282, may be charged. The public school district cannot charge nonresident students a higher fee than resident students.    35.4(3)   A private facility is to comply with requests by the Iowa department of education for basic educational and financial information.

281—35.5(282) Provision of appropriate educational services.      35.5(1)   A private facility is to fully cooperate with the area education agency and school district in which the facility is located to fulfill the area education agency’s responsibilities for child find under 281—Chapter 41, including making a child available for evaluation and provision of services for which the child is eligible.    35.5(2)   If a child does not need treatment or security by a private facility in such a time or manner as is needed to remain on the campus of the private facility, a child with an individual education plan is to be provided special education instruction and related services with other nondisabled children within the least restrictive environment to the maximum extent appropriate.    35.5(3)   The area education agency in which the private facility is located, the school district of residence, and other appropriate public or private agencies or private individuals involved with the care or placement of a child will cooperate with the school district in which the private facility is located in sharing educational information, textbooks, curricula, assignments, and materials to plan and to provide for the appropriate education of the child living in a private facility and to ensure academic credit is granted to the child for instructional time earned upon discharge from the private residential facility.    35.5(4)   A private facility that houses eligible children who are four years of age by September 15 of the school year will notify the parents or legal guardians of these eligible children about the opportunities to access quality preschool programs. Children whose parents are Iowa residents may access the statewide voluntary preschool program under 281—Chapter 16 at no cost to the parents, and transportation will be provided by the public school district in which the statewide voluntary preschool provider is located from its statewide voluntary preschool programs funding. Children whose parents are not Iowa residents may access the statewide voluntary preschool programs, if space is available, through a tuition and transportation agreement with the public school district in which the statewide voluntary preschool program provider is located.       These rules are intended to implement Iowa Code section 282.34.
ARC 7161CEducation Department[281]Notice of Intended Action

Proposing rulemaking related to extracurricular interscholastic competition and providing an opportunity for public comment

    The State Board of Education hereby proposes to rescind Chapter 36, “Extracurricular Interscholastic Competition,” Iowa Administrative Code, and adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code sections 256.46 and 280.13.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code sections 256.46 and 280.13.Purpose and Summary    This proposed rulemaking rescinds and replaces Chapter 36 on interscholastic athletic eligibility. The Department of Education proposes removing numerous unnecessarily restrictive terms, obsolete language on all-star contests, an unnecessary requirement that the organizations file documents with the Department (as opposed to keeping them for the Department’s inspection), and unnecessary language that merely restates statutory text.    Additionally, the Department proposes clarifying that the burden of proving eligibility in disputes lies with the athlete. The Department also proposes reducing the penalty for a failing grade from 30 days to 20 days, to be equitable between sports seasons.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 4, 2024. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.242.5614 Email: thomas.mayes@iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 3, 2024 1:30 to 2 p.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa January 4, 2024 9:30 to 10 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind 281—Chapter 36 and adopt the following new chapter in lieu thereof: CHAPTER 36TITLE VIINTERSCHOLASTIC COMPETITIONEXTRACURRICULAR INTERSCHOLASTIC COMPETITION

281—36.1(280) Definitions.          "Associate member school" means a nonaccredited nonpublic school that has been granted associate member status by any corporation, association, or organization registered with the department pursuant to Iowa Code section 280.13, upon approval by the department based upon proof of compliance with:
  1. Iowa Code section 279.19B, and rules adopted by the department related to the qualifications of the affected teaching staff, and
  2. The student eligibility rules of this chapter.
Associate membership is subject to the requirements, dues, or other obligations established by the organization for which associate membership is sought.
        "Coach" means an individual, with coaching endorsement or authorization as required by Iowa law, employed by a school district under the provisions of an extracurricular athletic contract or employed by a nonpublic school in a position responsible for an extracurricular athletic activity. “Coach” also includes an individual who instructs, diagnoses, prescribes, evaluates, assists, or directs student learning of an interscholastic athletic endeavor on a voluntary basis on behalf of a school or school district.        "Compete" means participating in an interscholastic contest or competition and includes dressing in full team uniform for the interscholastic contest or competition as well as participating in pregame warm-up exercises with team members. “Compete” does not include any managerial, recordkeeping, or other noncompetitor functions performed by a student on behalf of a member or associate member school.        "Department" means the Iowa department of education.        "Dropout" means a student who quit school because of extenuating circumstances over which the student had no control or who voluntarily withdrew from school. This does not include a student who has been expelled or one who was doing failing work when the student voluntarily dropped from school.        "Executive board" means the governing body authorized under a constitution or bylaws to establish policy for an organization registered under this chapter.        "Executive officer" means the executive director or secretary of each governing organization.        "Member school," for purposes of this chapter, means a public school or accredited nonpublic school that has been granted such status by any corporation, association, or organization registered with the department pursuant to Iowa Code section 280.13.        "Parent" means the natural or adoptive parent having actual bona fide custody of a student.        "Student" means a person under 20 years of age enrolled in grades 9 through 12. For purposes of these rules, ninth grade begins with the summer immediately following eighth grade. The rules contained herein apply uniformly to all students.        "Superintendent" means a superintendent of a local school or a duly authorized representative.        "Varsity" means the highest level of competition offered by one school or school district against the highest level of competition offered by an opposing school or school district.

281—36.2(280) Registered organizations.  Organizations registered with the department include the following:    36.2(1)   Iowa High School Athletic Association (hereinafter association).    36.2(2)   Iowa Girls’ High School Athletic Union (hereinafter union).    36.2(3)   Iowa High School Music Association (hereinafter music association).    36.2(4)   Iowa High School Speech Association (hereinafter speech association).    36.2(5)   Unified Iowa High School Activities Federation (hereinafter federation).

281—36.3(280) Filings by organizations.  Each organization will maintain a current file of the following items, available for inspection by the department:    36.3(1)   Constitution and bylaws, approved by the state board of education.    36.3(2)   Current membership and associate membership lists.    36.3(3)   Organization policies.    36.3(4)   Minutes of all meetings of organization boards.    36.3(5)   Proposed constitution and bylaw amendments or revisions.    36.3(6)   Audit reports.    36.3(7)   General bulletins.    36.3(8)   Other information pertinent to clarifying organization administration.

281—36.4(280) Executive board.       36.4(1) Membership.  Each organization will have an executive board, containing some representation from school administrators, teachers, and elective school officers; provided, however, that the membership will include the following:    a.    One member who is a member of a school board in Iowa, appointed by the Iowa association of school boards to represent the lay public.    b.    One member, who is either a coach, sponsor or director of an activity sponsored by the organization to which the member is elected and who works directly with the students or the program. This member is to be elected by ballot of the member schools, the vote to be cast by the school’s designated representative of the organization involved.    36.4(2) Organization elections.  The election procedure for each organization is to be conducted as provided by the organization’s constitution, which is to set criteria for protecting the voter’s anonymity and ensuring adequate notice of elections. In addition, one representative designated by the department director will be present at the counting of all ballots and will validate election results.     36.4(3) Federation membership.  The federation, in addition to conforming to other requirements in this rule, will have in its membership the executive board of the association, union, music association, speech association, and school administrators of Iowa.

281—36.5(280) Fiscal provisions.       36.5(1) Salary.  No remuneration, salary, or remittance may be made to any member of an executive board, representative council or advisory committee of an organization for the member’s service.    36.5(2) Expenses.  Travel and actual expenses of executive board members, representative council members, advisory committee members, and officers may be paid from organizational funds only when on official business for the organization. Actual expenses are to be paid for travel for transportation outside the state, along with necessary and reasonable expenses that are to be itemized. Itemized accounting of the travel and business expenses of employees are to be furnished to the department in an annual report on a form prescribed by the department.    36.5(3) Financial report.  Full and detailed reports of all receipts and expenditures are to be filed annually with the department.    36.5(4) Bond.  The executive board of each activity organization will purchase a blanket fidelity bond from a corporate surety approved by the executive board, conditioned upon the faithful performance of the duties of the executive officer, the members of the executive board, and all other employees of the activity organization. Such blanket bond is to be in a penal amount set by the executive board and is to be the sum of 50 percent of the largest amount of moneys on hand in any 30-day period during the preceding fiscal year, and 20 percent of the net valuation of all assets of the activity organization as of the close of the last fiscal year, but such bond will in no case be in an amount less than $10,000.    36.5(5) Audit.      a.    General.The financial condition and transaction of all organizations will be examined once each year, or more often if directed by the director of education, by either a certified public accountant chosen by the organization or by a committee chosen by the organization and approved by the director of education.    b.    Examinations by auditors.Auditors have the right while making the examination to examine all organization papers, books, records, tickets, and documents of any of the officers and employees of the organizations, and have the right in the presence of the custodian or deputy to have access to the cash drawers and cash in the official custody of the officer and to the records of any depository that has funds of the organization in its custody.    c.    Access to records.Upon request, organizations will make available to the department or its delegated representative all records, data, written policies, books, accounts, and other materials relating to any or all aspects of their operations.

281—36.6(280) Appearance before state board.  At the request of the state board of education or its executive officer, members of the governing boards and employees of the organizations will appear before and give a full accounting and details on the aforesaid matters to the state board of education.

281—36.7(280) Interscholastic athletics.  In addition to the requirements of rule 281—36.8(280), organizations will implement the provisions described below for participants in interscholastic athletic competition.    36.7(1) Physical examination.  Every year each student will present to the student’s superintendent a certificate signed by a licensed physician and surgeon, osteopathic physician and surgeon, osteopath, qualified doctor of chiropractic, licensed physician assistant, or advanced registered nurse practitioner, to the effect that the student has been examined and may safely engage in athletic competition.Each doctor of chiropractic licensed as of July 1, 1974, is to affirm on each certificate of physical examination completed that the affidavit required by Iowa Code section 151.8 is on file with the Iowa board of chiropractic.The certificate of physical examination is valid for the purpose of this rule for one calendar year. A grace period not to exceed 30 calendar days is allowed for expired physical certifications.    36.7(2) Sportsmanship.  It is the clear obligation of member and associate member schools to ensure that their contestants, coaches, and spectators in all interscholastic competitions practice the highest principles of sportsmanship, conduct, and ethics of competition. The governing organization has the authority to penalize any member school, associate member school, contestant, or coach in violation of this obligation.    36.7(3) Awards.  At no time may any student accept an award of cash.    36.7(4) Interstate competition.  Every student participating in interstate athletic competition on behalf of the student’s school must meet the eligibility rules.    36.7(5) Competition seasons.  The length of training periods and competition seasons is determined solely by the governing organization.    36.7(6) Tournaments.  The number and type of state tournaments for the various sports is solely determined by the organization. In scheduling and conducting these tournaments, the organization has the final authority for determining the tournament eligibility of all participants. Organization bylaws are to provide for a timely method of seeking an internal review of initial decisions regarding tournament eligibility.    36.7(7) Ineligible player competition.  Member or associate member schools that permit or allow a student to compete in an interscholastic competition in violation of the eligibility rules or that permit or allow a student who has been suspended to so compete are subject to penalties imposed by the executive board. The penalties may include forfeiture of contests or events or both, involving any ineligible student(s); adjustment or relinquishment of conference/district/tournament standings; and return of team awards or individual awards or both.If a student who has been declared ineligible or who has been suspended is permitted to compete in an interscholastic competition because of a current restraining order or injunction against the school, registered organization, or department, and if such restraining order or injunction subsequently is voluntarily vacated, stayed, reversed, or finally determined by the courts not to justify injunctive relief, the penalties listed above may be imposed.       This rule is intended to implement Iowa Code section 280.13.

281—36.8(280) Eligibility requirements.      36.8(1) Local eligibility and student conduct rules.  Local boards of education may impose additional eligibility requirements not in conflict with these rules. Nothing herein is to be construed to prevent a local school board from declaring a student ineligible to participate in interscholastic competition by reason of the student’s violation of rules adopted by the school pursuant to Iowa Code sections 279.8 and 279.9. A member or associate member school shall not allow any student, including any transfer student, to compete until such time as the school has reasonably reliable proof that the student is eligible to compete for the member or associate member school under these rules.    36.8(2) Scholarship rules.      a.    All contestants are to be enrolled and in good standing in a school that is a member or associate member in good standing of the organization sponsoring the event.    b.    All contestants who have attained the age of 20 years old are not eligible.    c.    All contestants will receive credit in at least four subjects, each of one period or “hour” or the equivalent thereof, at all times. To qualify under this rule, a “subject” will meet the requirements of 281—Chapter 12. Coursework taken from a postsecondary institution and for which a school district or accredited nonpublic school grants academic credit toward high school graduation is used in determining eligibility. No student is to be denied eligibility if the student’s school program deviates from the traditional two-semester school year.    (1)   Each contestant shall be passing all coursework for which credit is given and making adequate progress toward graduation requirements at the end of each grading period. Grading period, graduation requirements, and any interim periods of ineligibility are determined by local policy. For purposes of this subrule, “grading period” means the period of time at the end of which a student in grades 9 through 12 receives a final grade and course credit is awarded for passing grades.    (2)   If at the end of any grading period a contestant is given a failing grade in any course for which credit is awarded, the contestant is ineligible to dress for and compete in the next occurring interscholastic athletic contests and competitions in which the contestant is a contestant for 20 consecutive calendar days unless the student has already served a period of ineligibility for 20 consecutive calendar days in another school-sponsored activity. A student will not serve multiple periods of ineligibility because of a failing grade.    d.    A student with a disability who has an individualized education program will not be denied eligibility on the basis of scholarship if the student is making adequate progress, as determined by school officials, toward the goals on the student’s individualized education program, unless the course in which the student receives a failing grade has no relationship to those goals.    e.    A student who meets all other qualifications may be eligible to participate in interscholastic athletics for a maximum of eight consecutive semesters upon entering the ninth grade for the first time. However, a student who engages in athletics during the summer following eighth grade is also eligible to compete during the summer following twelfth grade. Extenuating circumstances, such as health, may be the basis for an appeal to the executive board that may extend the eligibility of a student when the executive board finds that the interests of the student and interscholastic athletics will be benefited.    f.    All member schools will provide appropriate interventions and necessary academic supports for students who fail or who are at risk to fail.    g.    A student is academically eligible upon entering the ninth grade.    h.    A student is not eligible to participate in an interscholastic sport if the student has, in that same sport, participated in a contest with or against, or trained with, a National Collegiate Athletic Association (NCAA), National Junior College Athletic Association (NJCAA), National Association of Intercollegiate Athletics (NAIA), or other collegiate governing organization’s sanctioned team. A student may not participate with or against high school graduates if the graduates represent a collegiate institution or if the event is sanctioned or sponsored by a collegiate institution. Nothing in this subrule precludes a student from participating in a one-time tryout with or against members of a college team with permission from the member school’s administration and the respective collegiate institution’s athletic administration.    i.    No student is eligible to participate in any given interscholastic sport if the student has engaged in that sport professionally.    j.    The local superintendent of schools, with the approval of the local board of education, may give permission to a dropout student to participate in athletics upon return to school if the student is otherwise eligible under these rules.    k.    Remediation of a failing grade by way of summer school or other means does not affect the student’s ineligibility. All failing grades will be reported to any school to which the student transfers.    36.8(3) General transfer rule.  A student who transfers from a school in another state or country or from one member or associate member school to another member or associate member school shall be ineligible to compete in interscholastic athletics for a period of 90 consecutive school days, as defined in 281—Chapter 12, exclusive of summer enrollment, unless one of the exceptions listed in paragraph 36.8(3)“a” applies. The period of ineligibility applies only to varsity level contests and competitions. In ruling upon the eligibility of transfer students, the executive board will consider the factors motivating student changes in residency, which it may consider from both direct and circumstantial evidence. Unless otherwise provided in these rules, a student intending to establish residency must show that the student is physically present in the district for the purpose of making a home and not solely for school or athletic purposes.    a.    Exceptions. The executive officer or executive board will consider and apply the following exceptions in formally or informally ruling upon the eligibility of a transfer student and may make eligibility contingent upon proof that the student has been in attendance in the new school for at least ten school days:    (1)   Upon a contemporaneous change in parental residence, a student is immediately eligible if the student transfers to the new district of residence or to an accredited nonpublic member or associate member school located in the new school district of residence. In addition, if with a contemporaneous change in parental residence, the student had attended an accredited nonpublic member or associate member school immediately prior to the change in parental residence, the student may have immediate eligibility if the student transfers to another accredited nonpublic member or associate member school. For purposes of this subparagraph, a contemporaneous change in parental residence includes a change in a student’s residence from the residence of one parent or guardian to the residence of a different parent or guardian.    (2)   If the student is attending in a school district as a result of a whole-grade sharing agreement between the student’s resident district and the new school district of attendance, the student is immediately eligible.    (3)   A student who has attended high school in a district other than where the student’s parent(s) resides, and who subsequently returns to live with the student’s parent(s), becomes immediately eligible in the parent’s resident district.    (4)   A student whose residence changes due to any of the following circumstances set forth in Iowa Code section 256.46 is immediately eligible provided the student meets all other eligibility requirements in these rules and those set by the school of attendance. For purposes of Iowa Code section 256.46(1)“d,” participation in a foreign exchange program is based on a J-1 visa issued by the United States government, unless the student attends the school primarily for athletic purposes.    (5)   A transfer student who attends in a member or associate member school that is a party to a cooperative student participation agreement, as defined in rule 281—36.13(280), with the member or associate member school the student previously attended is immediately eligible in the new district to compete in those interscholastic athletic activities covered by the cooperative agreement.    (6)   Any student whose parents change district of residence but who remains in the original district without interruption in attendance continues to be eligible in the member or associate member school of attendance.    (7)   A special education student whose attendance center changes due to a change in placement agreed to by the district of residence is eligible in either the resident district or the district of attendance, but not both.    (8)   A student who is found by the attending district to be a homeless child or youth as defined in rule 281—33.2(256).    (9)   In any transfer situation not provided for elsewhere in this chapter, the executive board will exercise its administrative authority to make any eligibility ruling that it deems to be fair and reasonable. The executive board will consider the motivating factors for the student transfer, which it may consider from both direct and circumstantial evidence. The determination will be made in writing with the reasons for the determination clearly delineated. The burden of proving entitlement to administrative discretion under this provision lies with the party seeking it.    b.    In ruling upon the transfer of students who have been emancipated by marriage or have reached the age of majority, the executive board will consider all circumstances with regard to the transfer to determine if it is principally for school or athletic purposes, in which case participation will not be approved.    c.    A student who participates in the name of a member or associate member school during the summer following eighth grade is ineligible to participate in the name of another member or associate member school in the first 90 consecutive school days of ninth grade unless a change of residence has occurred after the student began participating in the summer.    d.    A school district that has more than one high school in its district will set its own eligibility policies regarding intradistrict transfers, subject to Iowa Code section 279.82(6) as enacted by 2023 Iowa Acts, Senate File 496.    36.8(4) Open enrollment transfer.  The transfer of a student in grades 9 through 12 whose transfer of schools had occurred due to a request for open enrollment is governed by Iowa Code section 282.18(9).    36.8(5) Eligibility for other enrollment options.      a.    Shared-time students.A nonpublic school student who is enrolled only part-time in the public school district of the student’s residence under a “shared-time” provision or for driver education is not eligible to compete in interscholastic athletics in the public school district.    b.    Dual enrollment.A student who receives competent private instruction, not in an accredited nonpublic or public school, may seek dual enrollment in the public school of the student’s resident district and is eligible to compete in interscholastic athletic competition in the resident school district provided the student meets the eligibility requirements of these rules and those set by the public school of attendance.If a student seeking such dual enrollment is enrolled in an associate member school of the union or association, the student is eligible for and may participate in interscholastic athletic competition only for the associate member school or a school with which the associate member school is in a cooperative sharing agreement. (Eligibility in such case is governed by rule 281—36.1(280).)Any ineligibility imposed under this chapter begins with the first day of participation under dual enrollment. Any period of ineligibility applies only to varsity level contests and competitions.     c.    Competent private instruction.A student who receives competent private instruction, and is not dual-enrolled in a public school, may participate in and be eligible for interscholastic athletics at an accredited nonpublic school if the student is accepted by that school and the student meets the eligibility requirements of this chapter and those set by the accredited nonpublic school where the student participates. Application will be made to the accredited nonpublic school on a form provided by the department.If a student seeking such participation is enrolled in an associate member school of the union or association, the student is eligible for and may participate in interscholastic athletic competition only for the associate member school or a school with which the associate member school is in a cooperative sharing agreement. (Eligibility in such case is governed by rule 281—36.1(280).)Any ineligibility imposed under this chapter begins with the first day of participation with the accredited nonpublic school. Any period of ineligibility applies only to varsity level contests and competitions.     36.8(6) Summer camps and clinics and coaching contacts out of season.      a.    School personnel, whether employed or volunteers, of a member or associate member school shall not coach that school’s student athletes during the school year in a sport for which the school personnel are currently under contract or are volunteers, outside the period from the official first day of practice through the finals of tournament play. However, school personnel may coach a senior student from the coach’s school in an all-star contest once the senior student’s interscholastic athletic season for that sport has concluded. In addition, volunteer or compensated coaching personnel shall not require students to participate in any activities outside the season of that coach’s sport as a condition of participation in the coach’s sport during its season.    b.    A summer team or individual camp or clinic held at a member or associate member school facility shall not conflict with sports in season. Coaching activities between June 1 and the first day of fall sports practices will not conflict with sports in season. The associations in their discretion may establish a dead period up to 14 calendar days in length. During a dead period, coaches will not be allowed to have contact with students.    c.    Penalty. A school whose volunteer or compensated coaching personnel violate this rule is ineligible to participate in a governing organization-sponsored event in that sport for one year with the violator(s) coaching.    36.8(7) Nonschool team participation.  The local school board will, by policy, determine whether or not participation in nonschool athletic events during the same season is permitted and provide penalties for students who may be in violation of the board’s policy.       This rule is intended to implement Iowa Code sections 256.46, 280.13 and 282.18.

281—36.9(280) Executive board review.  A student, parent of a minor student, or school contesting the ruling of a student’s eligibility based on these rules, other than subrule 36.8(1) or paragraph 36.8(2)“b,” “c,” “d,” “f,” or “k” or based on a challenge to a local district finding that a student was not subject to a founded incident of harassment or bullying, or a school contesting a penalty imposed under paragraph 36.8(6)“b,” will state the basis of the objections in writing, addressed to the executive officer of the board of the governing organization. Upon request of a student, parent of a minor student, or a school, the executive officer will schedule a hearing before the executive board on or before the next regularly scheduled meeting of the executive board but not later than 20 calendar days following the receipt of the objections unless a later time is mutually agreeable. The executive board will give at least five business days’ written notice of the hearing. The executive board will consider the evidence presented and issue findings and conclusions in a written decision within five business days of the hearing and will mail a copy to the appellant. The burden of proving entitlement to relief under this rule lies with the party seeking it.

281—36.10(280) Appeals to director.  If the claimant is still dissatisfied, an appeal may be made in writing to the director of education by giving written notice of the appeal to the state director of education with a copy by registered mail to the executive officer of the governing organization. An appeal is to be in the form of an affidavit and be filed within ten business days after the date of mailing of the decision of the governing organization. The director of education will establish a date for hearing within 20 calendar days of receipt of written notice of appeal by giving at least 5 business days’ written notice of hearing to the appellant unless another time is mutually agreeable. The procedures for hearing adopted by the state board of education and found at 281—Chapter 6 are applicable, except that the decision of the director is final. Appeals to the executive board and the state director are not contested cases under Iowa Code section 17A.2(5). The burden of proving entitlement to relief under this rule lies with the party seeking it.

281—36.11(280) Organization policies.  The constitution or bylaws of organizations sponsoring contests for participation by member schools will reflect the following policies:    36.11(1) Expenditure policy.  It is the expenditure policy of each organization, after payment of costs incurred in rules 281—36.6(280) through 281—36.9(280) and legitimate expenses for housing, equipment and supplies including by agreement with other organizations having a mutual interest in interscholastic activities, to use all receipts to promote and fiscally sponsor those extracurricular interscholastic contests and competitions deemed by the organization to be most beneficial to all eligible students enrolled in member schools. Organizations with large revenues may provide assistance in staff, space, equipment and the transfer of funds to other organizations whose contests or competitions do not generate sufficient moneys to carry out an adequate program in their areas of service. Each organization will make an annual payment to the federation to cover the necessary expenditures of the federation. The amount of this payment will be determined by the federation.    36.11(2) Calendar of events.  The federation will establish yearly in advance a calendar of events for the interscholastic contests and competitions sponsored by the organizations.    36.11(3) Information to local member schools.  The federation will distribute to member schools the yearly calendar of events and other information believed by officers of the federation to be helpful to local school officials in providing a comprehensive program of extracurricular interscholastic contests or competitions.    36.11(4) Participation.  Participation in interscholastic contests or competitions will be by school teams only and not selected individuals, with the exception of individual sports events such as wrestling, track, cross country, golf, tennis, and music and speech activities.    36.11(5) Contests outside Iowa.  Out-of-state contest participation by a member school is limited to regularly scheduled interscholastic activities.    36.11(6) Promoting interstate contests.  No activity organization is to sponsor interstate contests or competition between individuals, teams or groups.    36.11(7) Chaperones.  It is the responsibility of all school districts to see that all teams or contestants are properly chaperoned when engaged in interscholastic activities.    36.11(8) Membership.  Membership in an organization is limited to schools accredited by the department or approved by the department solely for purposes of associate membership in a registered organization.

281—36.12(280) Eligibility in situations of district organization change.  Notwithstanding any other provision of this chapter, in the event eligibility of one or more students is jeopardized or in question as a result of actions beyond their control due to pending reorganization of school districts approved by the voters under Iowa Code chapter 275; action of the district boards of directors under Iowa Code section 274.37; or the joint employment of personnel and sharing of facilities under Iowa Code section 280.15 and the result is a complete discontinuance of the high school grades, or discontinuance of the high school grades pursuant to Iowa Code section 282.7(1), the boards of directors of the school districts involved may, by written agreement, determine the eligibility of students for the time the district of residence does not provide an activity program governed by this chapter. When the respective boards have not provided by written agreement for the eligibility of students whose eligibility is jeopardized or questioned four weeks prior to the normal established time for beginning the activity, students or parents of students involved may request a determination of eligibility from the governing body of the organization involved. All parties directly interested will be given an opportunity to present their views to the governing board.A determination of eligibility by the governing board will be based upon fairness and the best interests of the students.In the event that one or more parties involved in the request for determination before the governing board are dissatisfied with the decision of the governing board, an appeal may be made by the dissatisfied party to the director of the department under the provisions of rule 281—36.10(280). A decision of the director in the matter is final.The above provisions apply insofar as applicable to changes of organization entered into between two or more nonpublic schools.       This rule is intended to implement Iowa Code section 280.13.

281—36.13(280) Cooperative student participation.  Notwithstanding any other provision of this chapter, in the event a member or associate member school does not directly make participation in an interscholastic activity available to its students, the governing board of the member or associate member school may, by formally adopted policy if among its own attendance centers, or by written agreement with the governing board of another member or associate member school, provide for the eligibility of its students in interscholastic activities provided by another member or associate member school. The eligibility of students under a policy, insofar as applicable, or a written agreement is conditioned upon the following:    36.13(1)   All terms and conditions of the agreement are in writing;    36.13(2)   The attendance boundary of each school that is party to the agreement is contiguous to or contained within the attendance boundary of one of the other schools, unless the activity is not offered at any school contiguous to the party district, or all schools that are contiguous refuse to negotiate an agreement with the party district, in which case the contiguous requirement may be waived by the applicable governing organization. For the purposes of this rule, a nonpublic school member will utilize the attendance boundaries of the public school in which its attendance center is located;    36.13(3)   Any interscholastic activity not available to students of the schools participating in the agreement may be included in the agreement. A school’s students may be engaged in cooperative activities under the terms of only one agreement.However, if several schools are in a consortia cooperative agreement for a specific activity, they are not precluded from having a separate agreement with one or more of the same schools for a different activity as long as all schools of the consortia agree to such a separate agreement;    36.13(4)   Agreements will be for a minimum of one school year. Amendments may be made to agreements, including allowing additional member schools to join an existing agreement, without necessarily extending the time of existence of the agreement;    36.13(5)   All students participating under the agreement are enrolled in one of the schools, are in good standing, and meet all other eligibility requirements of these rules;    36.13(6)   A copy of the written agreement between the governing boards of the particular schools involved, and all amendments to the agreement, will be filed with the appropriate governing organization(s) no later than April 30 for the subsequent year, unless exception is granted by the organization for good cause shown. The agreements and amendments are deemed approved unless denied by the governing organization(s) within ten calendar days;    36.13(7)   It is the purpose of this rule to allow individual students participation in interscholastic competition in activities not available to them at the school they attend, through local policy or arrangements made between the governing boards of the schools involved, so long as the interscholastic activities of other schools are not substantially prejudiced. Substantial prejudice includes situations where a cooperative effort may result in an unfair domination of an activity or substantial disruption of activity classifications and management. In the event an activity organization determines, after investigation, that an agreement between schools that was developed under the terms of this rule results in substantial prejudice to other schools engaged in the activity, or the terms of the agreement are not in conformity with the purpose and terms of this rule, the activity organization may give timely notice to the schools involved that the local policy or agreement between them is null and void for the purposes of this rule, insofar as cooperative student participation is concerned with a particular activity. Determinations are appealable to the director of education under the applicable terms of rule 281—36.10(280). For notice to be timely, it must be given at least 45 calendar days prior to the beginning of the activity season.       This rule is intended to implement Iowa Code section 280.13.       These rules are intended to implement Iowa Code sections 256.46, 280.13, and 282.18.
ARC 7163CEducation Department[281]Notice of Intended Action

Proposing rulemaking related to extracurricular athletic activity conference for member schools and providing an opportunity for public comment

    The State Board of Education hereby proposes to rescind Chapter 37, “Extracurricular Athletic Activity Conference for Member Schools,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 280.13.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 280.13.Purpose and Summary    After review pursuant to Executive Order 10, the Department of Education proposes to revise Chapter 37 related to activity conference membership by removing unnecessarily restrictive language, as well as consolidating rules for improved organization.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 4, 2024. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.242.5614 Email: thomas.mayes@iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 3, 2024 1:30 to 2 p.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa January 4, 2024 9:30 to 10 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind 281—Chapter 37 and adopt the following new chapter in lieu thereof: CHAPTER 37EXTRACURRICULAR ATHLETIC ACTIVITY CONFERENCE FOR MEMBER SCHOOLS

281—37.1(280) General.  It is the policy of the state of Iowa that each school desiring to be a member of a conference providing extracurricular athletic contests and competitions for students is granted this opportunity. For purposes of this chapter, “member school” means a school or school district granted such status by any corporation, association, or organization registered with the state department of education pursuant to Iowa Code section 280.13 and includes associate members.    37.1(1) Criteria.  To the maximum extent appropriate, membership shall be with other schools of comparable size and within reasonable geographic proximity.    37.1(2) Initial responsibility.  The initial authority and responsibility for conference development, membership, and alignment rests with the board of directors of each public school district and the authorities in charge of each nonpublic school.

281—37.2(280) Complaint to the director, department of education.  A member school that believes it has been unfairly excluded or prevented from obtaining membership in an athletic activity conference that would provide the opportunity for participation of its students in athletic events or contests with students from other member schools of comparable size and within reasonable geographic proximity may file a complaint stating this concern with the director of the department of education. The complaint is to set forth in a plain and concise manner the reasons the member school believes the director should intervene in conference alignment decisions and the specific relief requested by the member school. The complaint is to be signed by the president of the board of directors of a public school district or a representative of the officials in charge of an accredited nonpublic school. The director or the director’s designee will, within ten days, acknowledge to the member school receipt of the complaint in writing.

281—37.3(280) Mediation.  The director of the department of education will establish a mediation team consisting of the executive director of the Iowa High School Athletic Association (hereinafter association) and the executive secretary of the Iowa Girls’ High School Athletic Union (hereinafter union) organizations recognized in 281—Chapter 36, or their designees, to meet with the complainant and representatives of other affected member schools. If the complaint involves conference alignment for athletic activities represented by only one of the organizations, only that organization will be involved in the mediation. A copy of all materials filed with the director by the complainant member school will be provided to the mediation team.The mediation team will meet with administrators or board members of schools potentially affected by changes in conference alignment related to the complaint. Schools will send representatives who have knowledge of the impact of a conference realignment and full authority to respond on behalf of their member school. Factors to be weighed in reaching resolution include school enrollment figures (current and projected), travel distances, comparability of instructional programs, traditional rivalries, number of existing and proposed schools in the conference, and comparability of athletic programs and other school-sponsored programs.

281—37.4(280) Resolution or recommendation of the mediation team.  If mediation results in resolution of the complaint, no further action is necessary on the part of the director and the implementation of the mediation agreement will be left with the boards of directors of school districts and the authorities in charge of nonpublic schools. If no resolution is reached within 50 days of the start of the mediation process, the mediation team will make a recommendation to the director as to the best resolution of the complaint. Copies of this recommendation will be given to all affected member schools. The director will establish a time for a hearing on this recommendation within 45 days of the receipt of the mediation team’s recommendation. The director or director’s designee will conduct the hearing, at which time all affected parties will be given the opportunity to provide oral or written testimony or submit other evidence. The director or director’s designee reserves the right to establish time limits on appearances at the hearing.

281—37.5(280) Decision; effective date.  In reaching a decision on the complaint, the director will consider information gathered by the mediation team and its recommendation as well as the written and oral testimony from the hearing. In addition, the director or the director’s designee may consult with other individuals, organizations, or conference representatives able to provide input on a decision. If a designee of the director conducts the hearing and review process, the findings of the designee shall be reviewed by the director. A final decision on the complaint will be made by the director. The decision may affect conference realignment or direct other appropriate relief to remedy the complaint. The director will make a decision within 60 days of the hearing, and copies of the decision will be provided to all affected parties.If the decision results in conference realignment, the date of this change shall be made with deference given to existing contracts and commitments. Alignment changes will be made for four-year periods with automatic review by the director after two years so that further necessary changes take effect at the conclusion of the four-year period, unless agreement exists that implementation of the changes can occur at an earlier date.       These rules are intended to implement Iowa Code section 280.13.
ARC 7164CEducation Department[281]Notice of Intended Action

Proposing rulemaking related to work-based learning and career education and providing an opportunity for public comment

    The State Board of Education hereby proposes to rescind Chapter 48, “Work-Based Learning,” and Chapter 49, “Individual Career and Academic Plan,” and to adopt a new Chapter 49, “Individualized Career and Academic Plan,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 256.7.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 279.61.Purpose and Summary    2023 Iowa Acts, Senate File 514, resulted in the majority of Chapter 48 being transferred to the Iowa Department of Workforce Development. The remaining rule is proposed to be transferred to Chapter 49, and Chapter 48 is proposed to be rescinded and reserved.    The current Chapter 49 contains many instances of overly restrictive language and language that duplicates statutory text verbatim. This proposed rulemaking eliminates that language.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 4, 2024. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.242.5614 Email: thomas.mayes@iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 3, 2024 2 to 2:30 p.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa January 4, 2024 10 to 10:30 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind and reserve 281—Chapter 48.

    ITEM 2.    Rescind 281—Chapter 49 and adopt the following new chapter in lieu thereof: CHAPTER 49INDIVIDUALIZED CAREER AND EDUCATION PLAN

281—49.1(279) Definitions.  For purposes of this chapter, the following definitions apply:        "Approved system" means a vendor-provided career information and decision-making system that meets the standards of rule 281—49.5(279).        "Board" means the board of directors of a public school district.        "Career cluster" means a nationally recognized framework for organizing and classifying career and technical education programs.        "Department" means the Iowa department of education.        "Director" means the director of the Iowa department of education.        "District plan" means the career and academic plan developed by each school district that details the delivery of career guidance and development in compliance with this chapter.        "Educational program" means the educational program as defined in 281—Chapter 12.        "Plan" means the individualized career and academic plan established under this chapter that is created by each student of the school district in eighth grade and which, at a minimum, meets the standards of rule 281—49.2(279).        "Postsecondary readiness" means college and career readiness in Iowa as defined by the state board of education.        "School counseling program" means the school counseling program established by Iowa Code section 256.11(9A).        "Student" means an enrolled student as defined in 281—Chapter 12.        "Work-based learning" means planned and supervised connections of classroom, laboratory and industry that prepare students for current and future careers.

281—49.2(279) Individualized career and academic plan.  The plan established under this rule is to, at a minimum, comply with the provisions of Iowa Code section 279.61.

281—49.3(279) Essential components.  The district is to engage each student in activities that support the following essential components of the individualized career and academic plan:    49.3(1) Self-understanding.  Students are to engage in developmentally appropriate inventories and assessments that promote self-understanding and the connection to work and engage in meaningful reflective activities about the results.    49.3(2) Career information.  Students are to research careers based on self-understanding results and engage in meaningful reflection about the findings.    49.3(3) Career exploration.  Students are to engage in activities that reveal connections among school-based instruction, career clusters, and the world of work and engage in meaningful reflection.    49.3(4) Postsecondary exploration.  Students are to engage in activities to explore relevant postsecondary education and training options related to career interests and engage in meaningful reflection on the exploration experience.    49.3(5) Career and postsecondary decision.  Students are to complete relevant activities to meet their postsecondary goals consistent with the plan and stated postsecondary intention.

281—49.4(279) District plan.      49.4(1) Components of district plan.  The school district shall develop a written career plan. The district plan is to include the following components:    a.    The district is to, at a minimum, describe the following aspects of the district plan.    (1)   The activities to be undertaken in each grade level to achieve the provisions of rule 281—49.2(279).    (2)   Integration of the career plan within connected district initiatives and other facets of the school district’s comprehensive school counseling program.    (3)   At the district’s discretion, any additional outcomes to be integrated into the career and academic planning system.    b.    Designation of team. The superintendent of each school district is to designate a team of education practitioners to carry out the duties assigned to the school district under this rule. The district plan is to include a list, by job position, of the designated district team.    (1)   Team composition. The team will include a school administrator; a school counselor; teachers, including career and technical education teachers; and individuals responsible for coordinating work-based learning activities.    (2)   Duties. The team is responsible for the following:    1.   Implementation of the district plan.    2.   Annually reviewing and, as necessary, proposing to the school district revisions to the district plan.    3.   Coordination of activities which integrate essential components into classroom instruction and other facets of the school district’s educational program.    4.   Regularly consulting with representatives of employers, state and local workforce systems and centers, higher education institutions, and postsecondary training programs.    49.4(2) Maintenance of district plan.  The district plan will be regularly reviewed and revised by the team and the board.

281—49.5(279) Career information and decision-making systems.  Each district shall use a career information and decision-making system that meets the standards established in subrule 49.5(3).    49.5(1) Review process.  The department will establish a process for the review of vendor-provided career information and decision-making systems to determine which career information and decision-making systems meet the minimum specifications established in subrule 49.5(3).    49.5(2) State-designated system.  The department will establish a process for the review and approval of a single state-designated career information and decision-making system from among the systems approved through the process established in subrule 49.5(1), which districts may use in compliance with this chapter.    49.5(3) Minimum functions of approved systems.  An approved system is to, at a minimum, support implementation of rule 281—49.2(279) and meet the following specifications:    a.    Allow for the creation of student accounts, which allow a student to store and access the results and information gathered from the inventories, searches, and associated activities outlined in paragraphs 49.5(3)“b” through “d.”    b.    Include developmentally appropriate inventories and assessments that promote self-understanding and the connection to work. Inventories and assessments are to include an interest inventory; a work values assessment; and an abilities, strengths, or skills assessment.    c.    Include a search platform for career information. The platform is to allow a student to access and review career information related to the results of the inventories listed in paragraph 49.5(3)“b.” Career information will include current and accurate state and national wage, earning, and employment outlook data for a given occupation; job descriptions, including such information as essential duties and aptitudes; and training and education requirements. The career information search platform is to, at a minimum, allow a student to sort information by wage and earning, career cluster, and training and education requirements.    d.    Include a search platform for postsecondary information. Postsecondary information is to include, but not be limited to, a current, accurate, and comprehensive database of accredited professional colleges, technical and community colleges, and public and private baccalaureate colleges and universities; and include or provide links to apprenticeship and military opportunities. The postsecondary information search platform will, at a minimum, allow a student to sort information by program and degree type, institution type, location, size of enrollment, and affiliation and appropriate institutional characteristics, such as designation as a historically black college and university or Hispanic-serving institution, and religious affiliation.    e.    Track basic utilization for the functions outlined in paragraphs 49.5(3)“a” through “d.” Districts are to have the ability to generate and export a report on the utilization statistics.    f.    Ensure compliance with applicable federal and state civil rights laws.    g.    Disclose the source and age of, as well as frequency of updates to, all information and data.    h.    Provide auxiliary services, including:    (1)   A process for districts to submit comments, feedback, and modification requests to the vendor.    (2)   Technical assistance during regular school district operating hours.    (3)   Appropriate training for users.    49.5(4) Supplemental systems.  The department will maintain a list of supplemental systems that districts may use to satisfy the components of rule 281—49.2(279).    a.    The department is to establish a process for the review of supplemental systems. The review will, at a minimum, identify the components of rule 281—49.2(279) and paragraphs 49.5(3)“b” through “d,” which are satisfied through the supplemental system. All supplemental systems are to comply with paragraphs 49.5(3)“f” and “g.”    b.    A district that chooses to use a supplemental system is to specify which components of rule 281—49.2(279) are satisfied through the use of the supplemental system in the district plan established in rule 281—49.4(279). A district that chooses to utilize a supplemental tool must continue to utilize and make available to students an approved system.

281—49.6(279) Compliance.  The director will monitor school districts for compliance with the provisions of this chapter through the accreditation process established for school districts under 281—Chapter 12.    49.6(1) Maintenance of student records.  Each school district is to maintain evidence of student completion of the individualized career and academic plan established in rule 281—49.2(279), pursuant to rule 281—12.3(256).    49.6(2) Reporting.  The board of directors of each school will complete the reports set forth in Iowa Code section 279.61(5). The board is to report to the department at least annually, and in a manner and frequency established by the department, regarding student participation in work-based learning programs established by the board, including registered apprenticeships, quality pre-apprenticeships, internships, on-the-job training, and projects through the Iowa clearinghouse for work-based learning.    49.6(3) Department responsibilities.  Iowa Code section 279.61(6) is incorporated by this reference.

281—49.7(256) Program established.  The provisions of this rule implement the future ready Iowa state-recognized work-based learning program as authorized under Iowa Code sections 256.7 and 261.131.    49.7(1) Definitions.  As used in this rule:        "Apprenticeship program" means an apprenticeship program authorized under federal statute or by the Iowa office of apprenticeship.        "Eligible program" means a program eligible under the future ready Iowa skilled workforce last-dollar scholarship program.    49.7(2) Alignment with last-dollar scholarship.  The rules governing eligibility for students, programs, and institutions are the same as the eligibility criteria specified in 283—Chapter 15 for the future ready Iowa skilled workforce last-dollar scholarship program.    49.7(3) Eligibility.  Pursuant to 283—subparagraph 15.3(1)“j”(2), a student enrolled in an apprenticeship program aligned to an eligible program may be enrolled in an eligible program on a part-time basis.       These rules are intended to implement Iowa Code section 279.61.
ARC 7165CEducation Department[281]Notice of Intended Action

Proposing rulemaking related to Iowa reading research center and providing an opportunity for public comment

    The State Board of Education hereby proposes to rescind Chapter 61, “Iowa Reading Research Center,” Iowa Administrative Code, and adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code sections 256.7 and 256.9.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code sections 256.7 and 256.9.Purpose and Summary    The current Chapter 61 contains many instances of overly restrictive language and language that duplicates statutory text verbatim. This proposed rulemaking eliminates that language.    The Department of Education also proposes removing current paragraph 61.6(4)“d,” which currently allows the Iowa Reading Research Center to charge for the actual costs of providing its services. This is inconsistent with the underlying statute, which does not authorize these charges and which requires professional development services to be provided at no cost.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 4, 2024. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.242.5614 Email: thomas.mayes@iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 3, 2024 2 to 2:30 p.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa January 4, 2024 10 to 10:30 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind 281—Chapter 61 and adopt the following new chapter in lieu thereof: CHAPTER 61IOWA READING RESEARCH CENTER

281—61.1(256) Establishment.  There is established an Iowa reading research center (center). The director of the department of education will select a public education entity to serve as the host for the center. The director will give preference to a school district, an area education agency, or the joint area education agencies system. The selection of a host is to be for a specified period of time.

281—61.2(256) Purpose.  The center’s purpose is set forth in Iowa Code section 256.9(49)“c”(1).

281—61.3(256) Intensive summer literacy program.  The center hereby establishes program criteria and guidelines for voluntary implementation of the program by school districts.    61.3(1) Program criteria: summer reading programs pursuant to Iowa Code section 279.68.  Each district that chooses to implement a summer reading program as part of its implementation of Iowa Code section 279.68(2)“a”(6) is to comply with the terms of that section and 281—Chapter 62. A school district will employ appropriately licensed and supervised teachers and paraprofessionals, will monitor student progress, and is encouraged to use an evidence-based curriculum.    61.3(2) Additional voluntary program criteria: intensive summer literacy program.  Each district’s voluntary intensive summer literacy program is encouraged to meet, in addition to the terms of subrule 61.3(1), the following program criteria:    a.    Criterion 1.Each district is encouraged to adopt instructional practices or programs that have some evidence of success and that include explicit and systematic instruction in foundational reading skills based on student need, consistent with Iowa Code section 279.68.    b.    Criterion 2.Each district is to employ skilled, high-quality instructors. For the purposes of this paragraph, a district may hire or employ personnel directly, through an agreement with one or more other districts, through an agreement with one or more accredited nonpublic schools, through an agreement with one or more state agencies or governmental subdivisions, through an agreement with one or more private not-for-profit community agencies, or some combination thereof.    c.    Criterion 3.Each district is encouraged to allow sufficient time for meaningful reading instruction and student learning.    d.    Criterion 4.Each district is encouraged to provide instruction in small classes and small groups. To meet this criterion, a district is encouraged to employ the same instructional grouping formats described in the evidence-based intervention chosen. In the absence of specifications from the intervention chosen, a district is encouraged to ensure that it delivers whole-class instruction in class sizes of 15 or fewer students and that it delivers targeted intervention based on student need in small groups of 5 or fewer students.    e.    Criterion 5.Each district is encouraged to monitor and promote student attendance.    f.    Criterion 6.Each district is encouraged to evaluate student outcomes and the quality of program implementation, including implementation of these voluntary criteria.    g.    Criterion 7.Each program is to be under the leadership and supervision of at least one appropriately licensed teacher and at least one appropriately licensed administrator. The two roles may be filled by the same individual. Nonlicensed personnel are to be supervised by an appropriately licensed teacher. It is encouraged that either the teacher or the administrator holds a reading (K-8) endorsement or a reading specialist endorsement.    h.    Option to use private providers.A district may enter into an agreement with a private provider that uses evidence-based instructional strategies to provide summer literacy instruction under this chapter and 281—Chapter 62, at the election of a parent and in lieu of programming provided by the district. Any election under this paragraph is at the parent’s sole cost.    61.3(3) Guidelines for implementation by school districts.  The center is to:    a.    Publish guidelines to assist school districts in applying the program criteria contained in subrule 61.3(1) and the voluntary criteria contained in subrule 61.3(2) and in improving the performance of intensive summer literacy programs.    b.    Make such guidelines available on its website.

281—61.4(256) Nature of the center’s operation.  The center’s work is governed by the provisions of Iowa Code section 256.9(49)“c”(2). Annually, the center submits the report specified in Iowa Code section 256.9(49)“c”(3).

281—61.5(256) Nature of the center’s products.      61.5(1) General.  The center’s strategies, models, materials, and assessments, including the products referred to in subrule 61.6(3), are judged by and subject to the following requirements. To the extent possible, strategies, models, materials, and assessments, including the products referred to in subrule 61.6(3), shall:    a.    Be research-based.    b.    Contain evidence establishing that they are replicable by Iowa school districts, area education agencies, and accredited nonpublic schools.    c.    Contain evidence establishing that they are capable of sustainable implementation.    d.    Be widely and liberally distributed and used.    61.5(2) Intellectual property.  Regardless of any intellectual property right that may accrue to the center, the department of education and each school district, area education agency, and accredited nonpublic school will have a perpetual, irrevocable, royalty-free, nonexclusive, nontransferable license to use any of the strategies, models, and materials produced by the center. Regardless of any intellectual property right that may accrue to the center, each school district, area education agency, accredited nonpublic school, and practitioner preparation program approved by the department of education has a perpetual, irrevocable, royalty-free, nonexclusive, nontransferable license to use any of the strategies, models, and materials produced by the center to provide training to current and prospective teachers and administrators.

281—61.6(256) Governance and leadership of the center.      61.6(1) Director and other personnel.  The center’s director will be employed by the host referred to in rule 281—61.1(256). The director of the department of education or the director’s designee, in consultation with the host and the advisory council, will select, determine the compensation of, and annually evaluate the director of the center.    a.    Responsibilities of the director of the center will include the following:    (1)   Enacting the priorities of the reading research center, as defined by the department;    (2)   Achieving the Iowa reading research center’s mission and purpose;    (3)   Directing the center’s budget;    (4)   Managing the center’s staff;    (5)   Managing and overseeing the request for proposal (RFP) or contracting process or both to enact priorities of the center;    (6)   Providing oversight and management of all contracts and projects initiated by the center;    (7)   Establishing models for an intensive summer literacy program replicable in Iowa schools;    (8)   Disseminating literacy research and its application; and    (9)   Submitting required reports to the department and the general assembly.    b.    The center may employ such other personnel as may be necessary to fulfill its responsibilities, upon approval of such positions by the director of the department of education.    61.6(2) Advisory council.  When setting priorities for the center, the department of education seeks advice and assistance from an advisory council. The advisory council is to establish its bylaws and govern itself by the following paragraphs:    a.    The advisory council will consist of representatives of the department, school districts, area education agencies, accredited nonpublic schools, institutions of higher education, organizations representing reading and literacy teachers, community-based nonprofit organizations that are focused on literacy, statewide literacy organizations, and parents. Members who offer other perspectives may be appointed. Members may serve in more than one role. Members are appointed by the director of the department of education or the director’s designee. Actual expenses for members of the advisory council may be assumed by the center.    b.    The advisory council will recommend and continually review center priorities, which are to be consistent with these rules. The advisory council annually will submit to the department a recommended set of projects and priorities for the reading research center.    c.    The advisory council will provide input to the director of the department on the desired qualifications for the position of director of the center.    d.    The advisory council will advise and assist the center in preparing the annual report as set out in rule 281—61.4(256).    e.    The advisory council will foster collaboration across the Iowa reading research and evaluation community and will serve as a facilitator in identifying additional research needs and ways to apply research to practice in Iowa schools and communities.    f.    The advisory council will assist the director of the center in reviewing proposals for quality, viability, and statewide impact.    g.    Meetings of the advisory council are public meetings subject to Iowa Code chapter 21.    61.6(3) Use of advisory council recommendations.  The department is to consider the priorities established by its advisory council in determining which projects or activities to direct the center to enact, consistent with these rules and with the center’s funding.    61.6(4) Contracts and awards.  In the furtherance of its work, the center may contract with other entities or may make awards by competitive bid. The rules in this chapter are incorporated by reference in any contract or award under this subrule. Any product produced pursuant to a contract or award is subject to these rules, including subrule 61.5(2).

281—61.7(256) Financing of the center.  The center will be financed in the following manner:    61.7(1) Host as fiscal agent.  The host is the fiscal agent for the center.    61.7(2) Public or private funds.  The host and the center may solicit and accept funds from public and private sources for the fulfillment of the mission and purpose of the center.    61.7(3) Oversight by the department.  The department has oversight responsibilities for the financial operations of the center.       These rules are intended to implement Iowa Code sections 256.7(31)“b” and 256.9(49)“c.”
ARC 7166CEducation Department[281]Notice of Intended Action

Proposing rulemaking related to practitioner and administrator preparation programs and providing an opportunity for public comment

    The State Board of Education hereby proposes to rescind Chapter 77, “Standards for Teacher Intern Preparation Programs,” and Chapter 79, “Standards for Practitioner and Administrator Preparation Programs,” Iowa Administrative Code, and to adopt a new Chapter 79 with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 256.16.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 256.16.Purpose and Summary    This proposed rulemaking is in response to Executive Order 10. The Department of Education proposes consolidating two chapters (Chapter 77 and Chapter 79) that have common and overlapping provisions. The Department proposes retaining requirements that have the most demonstrable link to student success.    The status quo rules contain many instances of overly restrictive language and language that duplicates statutory text verbatim. The proposed rulemaking eliminates that language.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4.Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 4, 2024. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 3, 2024 2 to 2:30 p.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa January 4, 2024 10 to 10:30 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.    Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind and reserve 281—Chapter 77.

    ITEM 2.    Rescind 281—Chapter 79 and adopt the following new chapter in lieu thereof: CHAPTER 79STANDARDS FOR PRACTITIONER AND ADMINISTRATOR PREPARATION PROGRAMSDIVISION IGENERAL STANDARDS APPLICABLE TO ALL PRACTITIONER PREPARATION PROGRAMS

281—79.1(256) General statement.  Programs of practitioner and administrator preparation leading to licensure in Iowa are subject to approval by the state board of education, as provided in Iowa Code chapter 256. All programs having accreditation on August 31, 2001, are presumed accredited unless or until the state board takes formal action to remove accreditation.

281—79.2(256) Definitions.  For purposes of clarity, the following definitions are used throughout the chapter:        "Administrator candidates" means individuals who are enrolled in practitioner preparation programs leading to administrator licensure.        "Administrator preparation programs" means the programs of practitioner preparation leading to licensure of administrators.        "Area education agency" "AEA" means a regional service agency that provides school improvement services for students, families, teachers, administrators and the community.        "BOEE" means the board of educational examiners, the board responsible for establishing licensure requirements and issuing licenses.        "Candidates" means individuals who are preparing to become educational practitioners through a practitioner preparation program.        "Clinical experiences" means a candidate’s direct experiences in PK-12 schools. “Clinical experiences” includes field experiences and student teaching or internships.        "College/university supervisors" means qualified employees or individuals contracted by the college or university offering educator preparation who provide guidance and supervision to candidates during the candidates’ clinical experiences in the schools.        "Cooperating administrators" means school administrators who provide guidance and supervision to administrator candidates during the candidates’ clinical experiences in the schools.        "Cooperating teachers" means appropriately licensed classroom teachers of record who provide guidance and supervision to teacher candidates in the cooperating teachers’ classrooms during the candidates’ field experiences in the schools.        "Delivery model" means the form in which the educator preparation program is delivered to candidates and may include conventional campus-based, face-to-face models, distance learning models, off-campus models, programs delivered through consortia arrangements, and programs or elements delivered by contracted outside providers.        "Department" means the department of education.        "Director" means director of the department.        "Distance learning" means a formal education process in which the major portion of the instruction occurs when the learner and the instructor are not in the same place at the same time and occurs through virtually any media, including printed or digital materials, a learning management system (LMS) or online communications.        "Distance learning program" means a program in which over half of the required courses in the program occur when the learner and the instructor are not in the same place at the same time (more information is contained in the definition of “distance learning”). These programs include those offered by the professional educational unit through a contract with an outside vendor or in a consortium arrangement with other higher education institutions, area education agencies, or other entities.        "Diverse groups" means one or more groups of individuals possessing certain traits or characteristics, including age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status or familial status.        "Educator preparation program" means practitioner preparation program.        "Facility" means a residential or other setting for a child in which the child receives an appropriate educational program. “Facility” includes a foster care facility as defined in Iowa Code section 237.1, a facility that provides residential treatment pursuant to Iowa Code chapter 125, an approved or licensed shelter care home as defined in Iowa Code section 232.2(34), an approved juvenile detention home as defined in Iowa Code section 232.2(32)and a psychiatric medical institution for children as defined in Iowa Code section 135H.1.        "Faculty" means the teaching staff of a university or college responsible for delivering instruction.        "Institution" means a college or university in Iowa offering practitioner preparation or an educational organization offering administrator preparation and seeking state board approval of its practitioner preparation program(s).        "Institutional accrediting agency" means an institutional accrediting agency recognized by the U.S. Department of Education. Agencies include regional and national accreditors. The department will maintain a web link to a list of currently approved accreditors on the department’s practitioner preparation web page.        "InTASC" means Interstate Teacher Assessment and Support Consortium, the source of national standards for teachers.        "Intern program" means the program for teacher intern preparation at colleges and universities leading to licensure of teacher interns.        "Iowa core" means a legislatively mandated state initiative that provides local school districts and nonpublic schools a guide to delivering instruction to students based on consistent, challenging and meaningful content.        "Iowa teaching standards" represents a set of knowledge and skills that reflect evidence of best practices regarding effective teaching as listed in rule 281—83.4(284). The standards serve as the basis for comprehensive evaluations of teachers and professional development plans.        "Leadership preparation program" means administrator preparation program.        "Mentor" means an experienced educator who provides guidance to a practitioner, administrator candidate or novice educator. For intern programs, “mentor” means an individual employed by a school district or area education agency as a classroom teacher, or a retired teacher, who holds a valid license issued under Iowa Code chapter 272. The individual must have a four-year record of successful teaching practice with at least two of the four years on a nonprobationary basis and demonstrate professional commitment to both the improvement of teaching and learning and the development of beginning teachers or teacher interns.        "National professional standards" means standards developed by nationally recognized organizations that establish best practices for education.        "NELP standards" means the National Educational Leadership Preparation standards for administrator preparation.        "Novice" means an individual in an educational position who has no previous experience in the role of that position or who is newly licensed by the board of educational examiners.        "Off-campus program" means a program offered by a unit on sites other than the main campus. Off-campus programs may be offered in the same state, in other states, or in countries other than the United States.        "Practitioner" means a teacher, administrator or other school personnel holding a license issued by the BOEE.        "Practitioner candidates" means individuals who are enrolled in practitioner preparation programs leading to licensure as teachers, as administrators or as other professional school personnel in professions that require a license issued by the board of educational examiners.        "Practitioner preparation programs" means the programs of practitioner preparation leading to licensure of teachers, administrators and other professional school personnel.        "Program" means a specific field of specialization leading to a specific endorsement.        "School district" means a school corporation as defined in Iowa Code chapter 290. A school district is also referred to as a “local education agency” or “LEA.”        "State board" means Iowa state board of education.        "Students" means PK-12 pupils.        "Teacher candidate" means an individual who is enrolled in a practitioner preparation program leading to teacher licensure.        "Teacher intern candidate" means an individual who is enrolled in a teacher intern preparation program leading to teacher intern licensure and who has not yet begun employment as an intern.        "Teacher intern preparation program" means the program for teacher intern preparation at colleges and universities leading to licensure of teacher interns.        "Unit" means the organizational entity within an institution with the responsibility of administering and delivering all practitioner preparation programs.

281—79.3(256) Institutions affected.  In order to attain the authority to recommend candidates for Iowa licensure, colleges and universities offering practitioner preparation programs in Iowa, as well as other Iowa educational organizations engaged in the preparation of school administrators, teacher interns and holders of other school professional licensure, will meet the standards contained in this chapter to gain or maintain state board approval of their programs.

281—79.4(256) Criteria for practitioner preparation programs.  Each institution seeking approval of its practitioner preparation programs by the state board, including those programs offered by distance learning delivery models or at off-campus locations, must be accredited by an institutional accrediting agency recognized by the U.S. Department of Education and file evidence of the extent to which each program meets the standards contained in this chapter by means of a written self-evaluation report and an evaluation conducted by the department. The institution will demonstrate such evidence by means of a template developed by the department and through a site visit conducted by the department. After the state board has approved the practitioner preparation programs of an institution, students who complete the programs and are recommended by the authorized official of that institution will be issued the appropriate license and endorsement(s).

281—79.5(256) Approval of programs.      79.5(1)   Approval of institutions’ practitioner preparation programs by the state board will be based on the recommendation of the director after study of the factual and evaluative evidence on record about each program in terms of the standards contained in this chapter.    79.5(2)   Approval, if granted, is for a term of seven years; however, approval for a lesser term may be granted by the state board if it determines conditions so warrant.    79.5(3)   If approval is not granted, the applying institution will be advised concerning the areas in which improvement or changes appear to be essential for approval. In this case, the institution will be given the opportunity to present factual information concerning its programs at a regularly scheduled meeting of the state board, not beyond three months of the board’s initial decision. Following a minimum of six months after the board’s decision to deny approval, the institution may reapply when it is ready to show what actions have been taken to address the areas of suggested improvement.    79.5(4)   Programs may be granted conditional approval upon review of appropriate documentation. In such an instance, the program will receive a full review after one year or, in the case of a new program, at the point at which candidates demonstrate mastery of standards for licensure.

281—79.6(256) Visiting teams.  Upon application or reapplication for approval, a review team will visit each institution for evaluation of its practitioner preparation program(s). When an institution offers off-campus practitioner preparation programs, the team may elect to include visits to some or all of the sites of the off-campus programs. The membership of the team is selected by the department with the concurrence of the institution being visited. The team may include faculty members of other practitioner preparation institutions; personnel from elementary and secondary schools, to include licensed practitioners; personnel of the state department of education; personnel of the board of educational examiners; and representatives from professional education organizations. Each team member should have appropriate competencies, background and experiences to enable the member to contribute to the evaluation visit. The expenses for the review team will be borne by the institution.

281—79.7(256) Periodic reports.  Upon request of the department, approved programs will make periodic reports that provide basic information necessary to keep records of each practitioner preparation program up to date and to carry out research studies relating to practitioner preparation. The department may request that information be disaggregated by attendance center or delivery model or both.

281—79.8(256) Reevaluation of practitioner preparation programs.  Every seven years or at any time deemed necessary by the director, an institution will conduct a self-evaluation and file a written institutional report with evidence of its practitioner preparation programs to be followed by a review team visit. Any action for continued approval or rescission of approval will be approved by the state board.

281—79.9(256) Approval of program changes.  Upon application by an institution, the director is authorized to approve minor additions to, or changes within, the curricula of an institution’s approved practitioner preparation program. When an institution proposes a revision that exceeds the primary scope of its programs, the revisions become operative only after having been approved by the state board. Approval of any institution’s application for adding the dyslexia specialist endorsement must include approval by the Iowa reading research center.DIVISION IISPECIFIC EDUCATION STANDARDS APPLICABLE TO ALL PRACTITIONER PREPARATION PROGRAMS

281—79.10(256) Governance and resources standard.  Governance and resources adequately support the preparation of practitioner candidates to meet professional, state and institutional standards in accordance with the following provisions.    79.10(1)   The professional education unit has primary responsibility for all educator preparation programs offered by the institution through any delivery model.    79.10(2)   The unit’s conceptual framework and governance structure establishes the shared vision for the unit and provides the foundation for all components of the educator preparation programs.    79.10(3)   The unit demonstrates alignment of unit and program standards with current national professional standards for educator preparation; teacher preparation aligns with InTASC standards; and each unit defines unit and program standards and embeds them in courses and field experiences.    79.10(4)   The unit provides evidence of ongoing collaboration with appropriate stakeholders. There is an active advisory committee that is involved semiannually in providing input for program evaluation and continuous improvement.    79.10(5)   When a unit is a part of a college or university, there is ongoing collaboration with the appropriate departments of the institution, especially regarding content knowledge.    79.10(6)   The institution provides resources and support necessary for the delivery of quality preparation program(s). The resources and support include the following:    a.    Financial resources; facilities; appropriate educational materials, equipment and library services; and commitment to a work climate, policies and faculty/staff assignments that promote/support best practices in teaching, scholarship and service;    b.    Resources to support professional development opportunities;    c.    Resources to support technological and instructional needs to enhance candidate learning;    d.    Resources to support quality clinical experiences for all educator candidates;    e.    Commitment of sufficient administrative, clerical and technical staff; and    f.    Equitable resources and access for all program components, regardless of delivery model or location.

281—79.11(256) Diversity standard.  The environment and experiences provided for practitioner candidates support candidate growth in knowledge, skills and dispositions to help all students learn in accordance with the following provision: The institution’s and unit’s plans, policies and practices document their efforts in establishing a supportive environment and maintaining a diverse faculty and student body.

281—79.12(256) Faculty standard.  Faculty qualifications and performance will facilitate the professional development of practitioner candidates in accordance with the following provisions.    79.12(1)   The unit defines and communicates the roles and requirements for faculty members by position. The unit describes how roles and requirements are determined.    79.12(2)   The unit documents the alignment of teaching duties for each faculty member with that member’s preparation, knowledge, experiences and skills.    79.12(3)   The unit holds faculty members accountable for teaching prowess. This accountability includes evaluation and indicators for continuous improvement.    79.12(4)   The unit holds faculty members accountable for professional growth to meet the academic needs of the unit.    79.12(5)   Faculty members collaborate with:    a.    Colleagues in the unit;    b.    Colleagues across the institution;    c.    Colleagues in PK-12 schools/agencies/learning settings. Faculty members engage in professional education and maintain ongoing involvement in activities in preschool and elementary, middle or secondary schools. For faculty members engaged in teacher preparation, activities include at least 40 hours of teaching or co-teaching at the appropriate grade level(s) during a period not exceeding five years in duration.

281—79.13(256) Assessment system and unit evaluation standard.  The unit’s system of assessment will appropriately monitor individual candidate performance and use that data in concert with other information to evaluate and improve the unit and its programs in accordance with the following provisions.    79.13(1)   The unit has a clearly defined, cohesive system of assessment that includes both individual candidate assessment and comprehensive unit assessment.    79.13(2)   The assessment system is based on unit standards.    79.13(3)   The unit tracks and communicates the following criteria for candidates:    a.    Entrance into the program.    b.    Continuation in the program with clearly defined checkpoints/gates.    c.    Admission to clinical experiences (for teacher education, this includes specific criteria for admission to student teaching).    d.    Program completion.    79.13(4)   Individual candidate assessment includes all of the following:    a.    Measures used for candidate assessment are fair, reliable and valid.    b.    Candidates are assessed on their demonstration/attainment of unit standards.    c.    Multiple measures are used for assessment of the candidate on each unit standard.    d.    Candidates are assessed on unit standards at different developmental stages.    e.    Candidates are provided with formative feedback and opportunities to utilize the feedback to reflect upon and guide their development and growth toward attainment of unit standards.    79.13(5)   The unit will document regular reviews, evaluation and revision to the system of assessment.    a.    The collection, aggregation, analysis and evaluation of assessment data described in this subrule will take place on a regular cycle.    b.    Comprehensive unit assessment includes all of the following:    (1)   Individual candidate assessment data on unit standards, as described in subrule 79.13(4), are analyzed.    (2)   The aggregated assessment data are analyzed to evaluate programs.    (3)   Findings from the evaluation of aggregated assessment data are shared with stakeholders and utilized for program improvement decisions.    79.13(6)   The unit shall conduct a survey of graduates and the graduates’ employers to ensure that the graduates are well prepared and use the data for program improvement.DIVISION IIISPECIFIC EDUCATION STANDARDS APPLICABLE ONLY TO INITIAL PRACTITIONER PREPARATION PROGRAMS FOR TEACHER CANDIDATES

281—79.14(256) Teacher preparation clinical practice standard.  The unit and its school partners shall provide field experiences and student teaching opportunities that assist candidates in becoming successful teachers in accordance with the following provisions.    79.14(1)   The unit ensures that clinical experiences occurring in all locations are well sequenced, supervised by appropriately qualified personnel, monitored by the unit and integrated into the unit standards. These expectations are shared with teacher candidates, college/university supervisors and cooperating teachers.    79.14(2)   Cooperating teachers and college/university supervisors share responsibility for evaluating the teacher candidates’ achievement of unit standards. Clinical experiences are structured to have multiple performance‐based assessments at key points within the program.    79.14(3)   Teacher candidates experience clinical practices in multiple settings that include diverse groups and diverse learning needs.    79.14(4)   Teacher candidates admitted to a teacher preparation program must complete a minimum of 80 hours of pre-student teaching field experiences, with at least 10 hours occurring prior to acceptance into the program.    79.14(5)   Pre-student teaching field experiences support learning in context and include all of the following:    a.    High-quality instructional programs for students in a state-approved school or educational facility.    b.    Opportunities for teacher candidates to observe and be observed by others and to engage in discussion and reflection on clinical practice, planning, instruction and assessment.    79.14(6)   The unit is responsible for ensuring that the student teaching experience for initial licensure:    a.    Includes a full-time experience for a minimum of 14 weeks in duration during the teacher candidate’s final year of the teacher preparation program.    b.    Takes place in the classroom of a cooperating teacher who is appropriately licensed in the subject area and grade-level endorsement for which the teacher candidate is being prepared.    c.    Includes prescribed minimum expectations and responsibilities, including ethical behavior, for the teacher candidate.    d.    Involves the teacher candidate in communication and interaction with parents or guardians of students in the teacher candidate’s classroom.    e.    Requires the teacher candidate to become knowledgeable about the Iowa teaching standards and to experience a mock evaluation, which shall not be used as an assessment tool by the unit, performed by the cooperating teacher or a person who holds an Iowa evaluator license.    f.    Requires collaborative involvement of the teacher candidate, cooperating teacher and college/university supervisor in candidate growth. This collaborative involvement includes biweekly supervisor observations with feedback.    g.    Requires the teacher candidate to bear primary responsibility for planning, instruction and assessment within the classroom for a minimum of two weeks (ten school days).    h.    Includes a written evaluation procedure, after which the completed evaluation form is included in the teacher candidate’s permanent record.    79.14(7)   The unit annually offers one or more workshops for cooperating teachers to define the objectives of the student teaching experience, review the responsibilities of the cooperating teacher and provide the cooperating teacher other information and assistance the unit deems necessary. The duration of the workshop will be equivalent to one day.    79.14(8)   The institution enters into a written contract with the cooperating school or district providing clinical experiences, including field experiences and student teaching.

281—79.15(256) Teacher candidate knowledge, skills and dispositions standard.  Teacher candidates are to demonstrate the content, pedagogical and professional knowledge, skills and dispositions necessary to help all students learn in accordance with the following provisions:    79.15(1)   Each teacher candidate demonstrates the acquisition of a core of liberal arts knowledge, including English composition, mathematics, natural sciences, social sciences and humanities.    79.15(2)   Each teacher candidate receives dedicated coursework and demonstrates competency related to the study of human relations, cultural competency and diverse learners, such that the candidate is prepared to work with students from diverse groups, as defined in rule 281—79.2(256). The unit shall provide evidence that teacher candidates develop the ability to identify and meet the needs of all learners, including:    a.    Students from diverse ethnic, racial and socioeconomic backgrounds.    b.    Students with disabilities. This will include preparation in developing and implementing individualized education programs and behavioral intervention plans, preparation for educating individuals in the least restrictive environment and identifying that environment, and strategies that address difficult and violent student behavior and improve academic engagement and achievement.    c.    Students who are struggling with literacy, including those with dyslexia.    d.    Students who are gifted and talented.    e.    English learners.    f.    Students who may be at risk of not succeeding in school. This preparation will include classroom management addressing high-risk behaviors, including behaviors related to substance use disorder.    79.15(3)   Each teacher candidate demonstrates competency in literacy, including reading theory, knowledge, strategies and approaches, and integrating literacy instruction into content areas. The teacher candidate demonstrates competency in making appropriate accommodations for students who struggle with literacy. Demonstrated competency shall address the needs of all students, including students with disabilities; students who are at risk of academic failure; students who have been identified as gifted and talented or English learners; and students with dyslexia, whether or not such students have been identified as children requiring special education under Iowa Code chapter 256B. Literacy instruction shall include evidence-based best practices, determined by research, including those practices identified by the Iowa reading research center.    79.15(4)   Each teacher candidate demonstrates competency in all of the following professional core curricula:    a.    Learner development.The teacher understands how learners grow and develop, recognizing that patterns of learning and development vary individually within and across the cognitive, linguistic, social, emotional and physical areas, and designs and implements developmentally appropriate and challenging learning experiences.    b.    Learning differences.The teacher uses understanding of individual differences and diverse cultures and communities to ensure inclusive learning environments that enable each learner to meet high standards.    c.    Learning environments.The teacher works with others to create environments that support individual and collaborative learning, and that encourage positive social interaction, active engagement in learning and self-motivation.    d.    Content knowledge.The teacher understands the central concepts, tools of inquiry and structures of the discipline(s) being taught and creates learning experiences directly related to the Iowa core that make the discipline accessible and meaningful for learners to ensure mastery of the content.    e.    Application of content.The teacher understands how to connect concepts and use differing perspectives to engage learners in critical thinking, creativity and collaborative problem solving related to authentic local and global issues.    f.    Assessment.The teacher understands and uses multiple methods of assessment to engage learners in their own growth, to monitor learner progress and to guide the teacher’s and learners’ decision-making.    g.    Planning for instruction.The teacher plans instruction that supports every student in meeting rigorous learning goals by drawing upon knowledge of content areas, curriculum, cross-disciplinary skills and pedagogy, as well as knowledge of the learners and the community context.    h.    Instructional strategies.The teacher understands and uses a variety of instructional strategies to encourage learners to develop deep understanding of content areas and their connections, and to build skills to apply knowledge in meaningful ways.    i.    Professional learning and ethical practice.The teacher engages in ongoing professional learning and uses evidence to continually evaluate the teacher’s practice, particularly the effects of the teacher’s choices and actions on others (learners, families, other professionals and the community) and adapts practice to meet the needs of each learner.    j.    Leadership and collaboration.The teacher seeks appropriate leadership roles and opportunities to take responsibility for student learning, to collaborate with learners, families, colleagues, other school professionals and community members to ensure learner growth, and to advance the profession.    k.    Technology.The teacher candidate effectively integrates technology into instruction to support student learning.    l.    Methods of teaching.The teacher candidate understands and uses methods of teaching that have an emphasis on the subject and grade-level endorsement desired.    79.15(5)   Each teacher candidate must complete a 30-semester-hour teaching major that minimally includes the requirements for at least one of the basic endorsement areas, special education teaching endorsements or secondary level occupational endorsements. Additionally, each elementary teacher candidate must also complete a field of specialization in a single discipline or a formal interdisciplinary program of at least 12 semester hours. Each teacher candidate is to meet all requirements established by the board of educational examiners for any endorsement for which the teacher candidate is recommended.DIVISION IVSPECIFIC EDUCATION STANDARDS APPLICABLE ONLY TO ADMINISTRATOR PREPARATION PROGRAMS

281—79.16(256) Administrator preparation clinical practice standard.  The unit and its school partners shall provide clinical experiences that assist candidates in becoming successful school administrators in accordance with the following provisions.    79.16(1)   The unit ensures that:    a.    Principal candidates successfully complete clinical experiences that provide candidates with opportunities to synthesize and apply the knowledge and skills identified in subrule 79.17(2) in ways that approximate the full range of responsibilities of building-level leaders and enable them to promote the current and future success and well-being of each student and adult in their school.    b.    Superintendent candidates successfully complete clinical experiences that provide candidates opportunities to synthesize and apply the knowledge and skills identified in subrule 79.17(3) in ways that approximate the full range of responsibilities of district-level leaders and enable them to promote the current and future success and well-being of each student and adult in their district.    79.16(2)   The unit ensures that clinical experiences occurring in all locations are coherent, authentic, sustained and purposeful opportunities that are monitored by the unit. These expectations are shared with candidates, supervisors and cooperating administrators.    79.16(3)   Cooperating administrators and college/university supervisors share responsibility for evaluating the candidate’s achievement of unit standards. Clinical experiences are structured to have multiple performance‐based assessments at key points within the program to demonstrate candidates’ attainment of unit standards.    79.16(4)   Clinical experiences include all of the following criteria:    a.    A minimum of 400 hours during the candidate’s preparation program.    b.    Take place with appropriately licensed cooperating administrators in state-approved schools or educational facilities.    c.    Take place in multiple high-quality educational settings that include diverse populations and students of different age groups.    d.    Include documented expectations and responsibilities for cooperating administrators, school districts, accredited nonpublic schools or AEAs and for higher education supervising faculty members.    e.    Provide opportunities for candidates to apply and use the knowledge, skills and dispositions identified in subrules 79.17(2) and 79.17(3).    79.16(5)   The institution annually delivers one or more professional development opportunities for cooperating administrators to define the objectives of the field experience, review the responsibilities of the cooperating administrator, build skills in coaching and mentoring and provide the cooperating administrator other information and assistance the institution deems necessary.    79.16(6)   The institution will enter into a written contract with the cooperating school districts that provide field experiences for administrator candidates.

281—79.17(256) Administrator knowledge, skills and dispositions standard.  Administrator candidates will demonstrate the content, pedagogical and professional knowledge, skills and dispositions necessary to help all students learn in accordance with the following provisions:    79.17(1)   Each educational administrator program will define program standards (aligned with current NELP standards) and embed them in coursework and clinical experiences at a level appropriate for a novice administrator.    79.17(2)   Each principal candidate demonstrates the knowledge, skills and dispositions necessary to:    a.    Collaboratively lead, design and implement a school mission, vision and process for continuous improvement that reflects a core set of values and priorities that include data use, technology, equity, diversity, digital citizenship and community. (Mission, Vision and Improvement)    b.    Advocate for ethical decisions and cultivate and enact professional norms. (Ethics and Professional Norms)    c.    Develop and maintain a supportive, equitable, culturally responsive and inclusive school culture. (Equity, Inclusiveness and Cultural Responsiveness)    d.    Evaluate, develop and implement coherent systems of curriculum, instruction, data systems, and supports, including Iowa core implementation and assessment. (Learning and Instruction)    e.    Strengthen student learning, support school improvement and advocate for the needs of the school and community. (Community and External Leadership)    f.    Improve management, communication, technology, school-level governance and operation systems to develop and improve data-informed and equitable school resource plans and to apply laws, policies and regulations. (Operations and Management)    g.    Build the school’s professional capacity, engage staff in the development of a collaborative professional culture and improve systems of staff supervision, evaluation, support and professional learning. (Building Professional Capacity)    79.17(3)   Each superintendent candidate demonstrates competency in all of the following professional core curricula:    a.    Collaboratively lead, design and implement a district mission, vision and process for continuous improvement that reflects a core set of values and priorities that include data use, technology, values, equity, diversity, digital citizenship and community. (District Mission, Vision and Improvement)    b.    Advocate for ethical decisions and cultivate professional norms and culture. (Ethics and Professional Norms)    c.    Develop and maintain a supportive, equitable, culturally responsive and inclusive district culture. (Equity, Inclusiveness and Cultural Responsiveness)    d.    Evaluate, design, cultivate and implement coherent systems of curriculum, instruction, data systems, supports, assessment and instructional leadership. (Learning and Instruction)    e.    Understand and engage families, communities and other constituents in the work of schools and the district and to advocate for district, student and community needs. (Community and External Leadership)    f.    Develop, monitor, evaluate and manage data-informed and equitable district systems for operations, resources, technology and human capital management. (Operations and Management)    g.    Cultivate relationships, lead collaborative decision-making and governance and represent and advocate for district needs in broader policy conversations. (Policy, Governance and Advocacy)    79.17(4)   Each new administrator candidate successfully completes the appropriate evaluator training provided by a state-approved evaluator trainer.    79.17(5)   Each administrator candidate demonstrates, within specific coursework and clinical experiences, the ability to develop and maintain a supportive, equitable, culturally responsive and inclusive district culture with students and staff from diverse groups, as defined in rule 281—79.2(256). The unit shall provide evidence that administrator candidates develop the ability to meet the needs of all learners, as well as ensuring teachers meet the needs of diverse learners, including:    a.    Students from diverse ethnic, racial and socioeconomic backgrounds.    b.    Students with disabilities. This will include preparation in developing and implementing individualized education programs and behavioral intervention plans, preparation for educating individuals in the least restrictive environment and identifying that environment, and strategies that address difficult and violent student behavior and improve academic engagement and achievement.    c.    Students who are struggling with literacy, including those with dyslexia.    d.    Students who are gifted and talented.    e.    English learners.    f.    Students who may be at risk of not succeeding in school. This preparation will include classroom management addressing high-risk behaviors, including behaviors related to substance use disorder.DIVISION VSPECIFIC EDUCATION STANDARDS APPLICABLE ONLY TO PRACTITIONER PREPARATION PROGRAMS OTHER THAN TEACHER OR ADMINISTRATOR PREPARATION PROGRAMS

281—79.18(256) Purpose.  This division addresses preparation of an individual seeking a license based on school-centered preparation for employment as one of the following: school guidance counselor, school audiologist, school psychologist, school social worker, speech-language pathologist or supervisor of special education (282—Chapter 27 contains more information regarding licenses for service other than as a teacher).

281—79.19(256) Clinical practice standard.  The unit and its school, AEA and facility partners will provide clinical experiences that assist candidates in becoming successful practitioners in accordance with the following provisions.    79.19(1)   The unit ensures that clinical experiences occurring in all locations are well sequenced, purposeful, supervised by appropriately qualified personnel, monitored by the unit and integrated into unit standards. These expectations are shared with candidates, supervisors and cooperating professional educators.    79.19(2)   Cooperating professional educators and college/university supervisors share responsibility for evaluating the candidate’s achievement of unit standards. Clinical experiences are structured to have multiple performance‐based assessments at key points within the program to demonstrate the candidate’s attainment of unit standards.    79.19(3)   Clinical experiences include all of the following criteria:    a.    Learning that takes place in the context of providing high-quality instructional programs for students in a state-approved school, agency or educational facility;    b.    Take place in educational settings that include diverse populations and students of different age groups;    c.    Provide opportunities for candidates to observe and be observed by others and to engage in discussion and reflection on clinical practice;    d.    Include minimum expectations and responsibilities for cooperating professional educators, school districts, accredited nonpublic schools or AEAs and for higher education supervising faculty members;    e.    Include prescribed minimum expectations for involvement of candidates in relevant responsibilities directed toward the work for which they are preparing;    f.    Involve candidates in communication and interaction with parents or guardians, community members, faculty and staff and cooperating professional educators in the school.    79.19(4)   The institution annually delivers one or more workshop(s) for cooperating professional educators to define the objectives of the field experience, review the responsibilities of the cooperating professional educators, build skills in coaching and mentoring and provide the cooperating professional educators other information and assistance the institution deems necessary. The workshop(s) incorporate feedback from participants and utilize appropriate delivery strategies.    79.19(5)   The institution shall enter into a written contract with the cooperating school districts that provide field experiences for candidates.

281—79.20(256) Candidate knowledge, skills and dispositions standard.  Candidates will demonstrate the content knowledge and the pedagogical and professional knowledge, skills and dispositions necessary to help all students learn in accordance with the following provisions:    79.20(1)   Each professional educator program will define program standards (aligned with current national standards) and embed them in coursework and clinical experiences at a level appropriate for a novice professional educator.    79.20(2)   Each candidate demonstrates, within specific coursework and clinical experiences related to the study of human relations, cultural competency and diverse learners, that the candidate is prepared to work with students from diverse groups, as defined in rule 281—79.2(256). The unit shall provide evidence that candidates develop the ability to meet the needs of all learners, including:    a.    Students from diverse ethnic, racial and socioeconomic backgrounds.    b.    Students with disabilities. This will include preparation in developing and implementing individualized education programs and behavioral intervention plans, preparation for educating individuals in the least restrictive environment and identifying that environment, and strategies that address difficult and violent student behavior and improve academic engagement and achievement.    c.    Students who are struggling with literacy, including those with dyslexia.    d.    Students who are gifted and talented.    e.    English learners.    f.    Students who may be at risk of not succeeding in school. This preparation will include classroom management addressing high-risk behaviors, including behaviors related to substance use disorder.DIVISION VISPECIFIC EDUCATION STANDARDS APPLICABLE ONLY TO TEACHER INTERN PRACTITIONER PREPARATION PROGRAMS

281—79.21(256) General.  Institutions interested in offering a teacher intern license will provide evidence of compliance with standards listed in this division, the faculty standards in rule 281—79.12(256) and the assessment standards in rule 281—79.13(256).

281—79.22(256) Intern license governance and resources standard.  Governance and resources adequately support the preparation of teacher intern candidates to meet professional, state and institutional standards. As a component of the program, the institution will work collaboratively with the local school district(s) or AEA.    79.22(1)   The institution will have a clearly understandable governance structure that serves as a basis to provide guidance and support for the teacher intern preparation program.    79.22(2)   The institution’s responsibilities include:    a.    Establishing a teacher intern leadership team that will provide oversight of the program; and    b.    Providing appropriate resources to ensure a quality program.    79.22(3)   The leadership team’s responsibilities include:    a.    Establishing the conceptual framework to provide the foundation for all components of the program;    b.    Screening and selecting teacher intern candidates;    c.    Establishing an advisory team to provide guidance to the teacher intern preparation program annually for program evaluation and continuous improvement. The advisory team includes institutional personnel, including program faculty, and representatives from LEA 5-12 grade level teachers and administrators; and    d.    Using program evaluation and continuous improvement to review and monitor the program goals, the program of study, the support system and the assessment system.    79.22(4)   The teacher intern preparation program and LEAs will work collaboratively to provide opportunities for teacher intern candidates to observe and be observed by others and to engage in discussion and reflection on clinical practice.    79.22(5)   The LEA will provide the following:    a.    An offer of employment to a teacher intern candidate in the program in one of the endorsements identified on the department’s website at www.educateiowa.gov/pk-12/educator-quality/practitioner-preparation;    b.    A mentoring and induction program with a district-assigned mentor; and    c.    An assurance that the LEA will not overload the intern with extracurricular duties.    79.22(6)   The institution provides resources and support necessary for the delivery of a quality teacher intern preparation program. The resources and support include the following:    a.    Financial resources; facilities; and appropriate educational materials, equipment and library services;    b.    Commitment to a work climate; policies; and faculty/staff assignments that promote/support best practices in teaching, scholarship and service;    c.    Equitable resources and access for all program components regardless of delivery model or location;    d.    Technological support for instructional needs to enhance candidate learning with instructional technology integrated into classroom experiences;    e.    Quality clinical experiences and evaluations for all educator candidates; and    f.    Sufficient faculty and administrative, clerical and technical staff.    79.22(7)   The program has a clearly articulated process regarding candidate and intern performance, aligned with the institutional policy, for decisions impacting progress through the program. Program and school district policies for removal and replacement of interns from their internship assignments are clearly communicated to all candidates, school administrators and faculty.    79.22(8)   Candidate assessment for a teacher intern program includes clear criteria for the following:    a.    Acceptance requirements include:    (1)   Completion of a baccalaureate degree from a regionally accredited institution that meets program-established required grade point criteria for the baccalaureate degree and content area;    (2)   Completion of coursework that meets the state minimum requirements for at least one of the BOEE’s secondary endorsement areas, unless the endorsement area requirements are embedded in the teacher intern professional core; and    (3)   Screening designed to generate information about the prospective candidate’s attributes identified as essential for candidates in the program.    b.    Continuation in the program with clearly defined checkpoints/gates, including verification of an offer of employment as an intern from a school or district administrator.    c.    Program completion and subsequent recommendation by the authorized official of the program for an initial teaching license, including recommendation for an intern license for one or more of the endorsements identified on the department’s teacher preparation website at educateiowa.gov/pk-12/educator-quality/practitioner-preparation.

281—79.23(256) Intern license faculty standard.  Intern program faculty standards are aligned and may be met through rule 281—79.12(256).

281—79.24(256) Intern license program of study standard.  A program’s required coursework will include a minimum of 28 semester hours or equivalent designed to ensure that teacher intern candidates develop the dispositions, knowledge, and performance expectations of the InTASC standards embedded at a level appropriate for a beginning teacher.    79.24(1)   Teacher intern candidates will develop the dispositions, knowledge and performance expectations of the Iowa teaching standards (aligned with InTASC standards) and the BOEE’s Code of Professional Conduct and Ethics at a level appropriate for a beginning teacher.    79.24(2)   All components of the program of study may only be initiated and completed after the candidate has completed a baccalaureate degree.    79.24(3)   Coursework and competencies to be completed prior to the beginning of the candidate’s initial employment as an intern include but are not limited to:    a.    Understands how learners grow and develop and implements developmentally appropriate and challenging learning experiences. This aligns with InTASC standard 1.    b.    Demonstrates competence in content knowledge appropriate to the teaching position. This aligns with Iowa teaching standard 2 (281—subrule 83.4(2)) and with InTASC standards 4 and 5.    c.    Demonstrates competence in classroom management. This aligns with Iowa teaching standard 6 (281—subrule 83.4(6)) and with InTASC standard 3.    d.    Demonstrates competence in planning and preparing for instruction. This aligns with Iowa teaching standard 3 (281—subrule 83.4(3)) and with InTASC standard 7.    e.    Uses a variety of methods to monitor student learning. This aligns with Iowa teaching standard 5 (281—subrule 83.4(5)) and InTASC standard 6.    79.24(4)   Additional coursework and competencies to be completed prior to the recommendation for an initial teaching license includes:    a.    Uses strategies to deliver instruction that meets the multiple learning needs of students. This aligns with Iowa teaching standard 4 (281—subrule 83.4(4)) and with InTASC standards 2 and 8.    b.    Engages in professional growth. This aligns with Iowa teaching standard 7 (281—subrule 83.4(7)) and with InTASC standard 9.    c.    Contributes to efforts to achieve district and building goals. This aligns with Iowa teaching standard 8 (281—subrule 83.4(8)) and with InTASC standard 10.    d.    Demonstrates ability to enhance academic performance and support for implementation of the school district student achievement goals. This aligns with Iowa teaching standard 1 (281—subrule 83.4(1)).    79.24(5)   Each teacher intern candidate demonstrates knowledge about literacy and receives preparation in literacy. Each candidate also develops and demonstrates the ability to integrate reading strategies into content area coursework.    79.24(6)   Each teacher intern candidate effectively demonstrates the ability to integrate technology into instruction to support student learning.    79.24(7)   Each teacher intern candidate receives dedicated coursework related to the study of human relations, cultural competency and diverse learners, such that the candidate is prepared to work with students from diverse groups, as defined in rule 281—79.2(256). The unit shall provide evidence that teacher intern candidates develop the ability to meet the needs of all learners, including:    a.    Students from diverse ethnic, racial and socioeconomic backgrounds;    b.    Students with disabilities. This will include preparation in developing and implementing individualized education programs and behavioral intervention plans, preparation for educating individuals in the least restrictive environment and identifying that environment, and strategies that address difficult and violent student behavior and improve academic engagement and achievement;    c.    Students who are gifted and talented;    d.    English learners; and    e.    Students who may be at risk of not succeeding in school. This preparation will include classroom management addressing high-risk behaviors, including behaviors related to substance use disorder.    79.24(8)   Each teacher intern candidate demonstrates knowledge and application of the Iowa core to the teaching and learning process.    79.24(9)   Each teacher intern candidate will be engaged in field experiences that include opportunities for both observation of exemplary instruction and involvement in co-planning and co-teaching. Each teacher intern candidate will complete at least 50 hours of field experience prior to the candidate’s initial employment as an intern. The institution enters into a written contract with the cooperating school or district providing preinternship field experiences.    79.24(10)   The teacher intern preparation program will provide a teacher intern seminar during the teacher internship year to support and extend coursework from the teacher intern content and facilitate teacher intern reflection.    79.24(11)   In accordance with 281—Chapter 83, all interns will be provided with a district-level mentor in addition to the program supervisor. The purpose of this district-level mentor is to provide coaching feedback dependent on the intern’s classroom experience. This district-level mentor shall not serve in an evaluative role. The district-level mentor shall complete specialized training for serving as a mentor as required in rule 281—83.3(284). The program will coordinate support between the teacher intern candidate’s local district mentor and program supervisor.    79.24(12)   The program shall provide an orientation for teacher intern candidates. The orientation will include, but not be limited to:    a.    Program goals and expectations;    b.    Licensure and ethics provisions;    c.    Support provided by the program; and    d.    Support provided by the LEA or AEA.    79.24(13)   Teacher intern faculty will provide teacher intern candidates with academic advising, feedback about their performance throughout the program and consultation opportunities.    79.24(14)   Teacher intern faculty will provide regular supervision in teacher intern candidates’ classrooms with additional supervision and assistance provided as needed.

281—79.25(256) Intern license assessment standard.  Intern program assessment standards are met through rule 281—79.13(256), except for subrule 79.13(4), which is not applicable.       These rules are intended to implement Iowa Code sections 256.7 and 256.16.
ARC 7167CEducation Department[281]Notice of Intended Action

Proposing rulemaking related to paraeducator preparation programs and providing an opportunity for public comment

    The State Board of Education hereby proposes to rescind Chapter 80, “Standards for Paraeducator Preparation Programs,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 256.7(22).State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 256.7(32).Purpose and Summary    This proposed rulemaking is in response to Executive Order 10. The existing chapter contains many instances of overly restrictive language and language that duplicates statutory text verbatim. The proposed rulemaking eliminates that language. The Department of Education proposes retaining standards that have the highest relationship to improving student success.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 4, 2024. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 3, 2024 2 to 2:30 p.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa January 4, 2024 10 to 10:30 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind 281—Chapter 80 and adopt the following new chapter in lieu thereof: CHAPTER 80STANDARDS FOR PARAEDUCATOR PREPARATION PROGRAMS

281—80.1(272) Definitions.  The following definitions apply to this chapter:        "Authorized official" means an individual with the authority within the institution and the unit to monitor and ensure compliance with this chapter.
  1. If the unit is within a community college, an institution of higher education under the state board of regents, or an accredited private institution of higher education, the official must maintain, oversee, and be responsible for the program within the unit.
  2. If the unit is within an Iowa public school district or area education agency, the official must have one or more of the following credentials issued by the board of educational examiners: a teacher license (with the exception of a substitute teaching license), an administrator license, a professional services license, an elementary professional school counselor endorsement, a secondary professional school counselor endorsement, a school nurse endorsement, a special education support personnel authorization, or a statement of professional recognition. Other authorizations or certificates issued by the board of educational examiners do not satisfy the terms of this paragraph.
        "Department" means the department of education.        "Director" means the director of the department of education.        "Diverse groups" means one or more groups of individuals possessing certain traits or characteristics, including but not limited to age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status.        "Institution" means an Iowa public school district, area education agency, community college, institution of higher education under the state board of regents or an accredited private institution as defined in Iowa Code section 261.9(1) offering a paraeducator preparation program(s).        "Paraeducator candidate" means an individual who is enrolled in a paraeducator preparation program leading to certification as a generalist, a generalist with area(s) of concentration, or an advanced paraeducator.        "Paraeducator preparation program" means the program of paraeducator preparation leading to certification of paraeducators.        "State board" means Iowa state board of education.        "Unit" means the organizational entity within an institution with the responsibility of administering the paraeducator preparation program(s).

281—80.2(272) Institutions affected.  All institutions engaged in preparation of paraeducators and seeking state board approval of the institutions’ paraeducator preparation program(s) shall meet the standards contained in this chapter.

281—80.3(272) Criteria for Iowa paraeducator preparation programs.  Each institution seeking approval of its paraeducator preparation program(s) will submit to the state board evidence of the extent to which the program meets the standards contained in this chapter. After the state board has approved an institution’s paraeducator preparation program(s), students who complete the program(s) may be recommended by the authorized official of that institution for issuance of the appropriate certificate.

281—80.4(272) Application; approval of programs.  Approval of paraeducator preparation programs by the state board will be based on the recommendation of the director after study of the factual and evaluative evidence of record about each program in terms of the standards contained in this chapter. Approval, if granted, will be for a term of seven years; however, approval for a shorter term may be granted by the state board if it determines conditions so warrant. If approval is not granted, the applicant institution will be advised concerning the areas in which improvement or changes appear to be essential for approval. In this case, the institution will be given the opportunity to present factual information concerning its programs at the next regularly scheduled meeting of the state board. The institution may also reapply at its discretion to provide evidence of the actions taken toward suggested improvement. Any application submitted under this rule is to be submitted by the authorized official.

281—80.5(272) Periodic reports.  In addition to reports pursuant to this chapter, the department may ask institutions placed on the approved programs list to make periodic reports necessary to keep records of each paraeducator preparation program up to date, to provide information necessary to carry out research studies relating to paraeducator preparation, and for any other purpose the department deems advisable. Any reports submitted under this rule are to be submitted by the authorized official.

281—80.6(272) Reevaluation of paraeducator preparation programs.  Each paraeducator preparation program will be reviewed and reevaluated at least once every seven years, at a shorter interval specified pursuant to rule 281—80.4(272), or at any time deemed necessary by the director. Recommendations as to whether to grant continued approval are governed by rule 281—80.4(272).

281—80.7(272) Approval of program changes.  Upon application by an institution, the director is authorized to approve minor additions to, or changes within, the institution’s approved paraeducator preparation program. When an institution proposes revisions that exceed the primary scope of its program, the revisions become operative only after approval by the state board.

281—80.8(272) Organizational and resource standards.  Organization and resources adequately support the preparation of paraeducator candidates to enable them to meet state standards in accordance with the provisions of this rule.    80.8(1)   The unit provides resources and support necessary for the delivery of a quality certification program, including resources to support a quality hands-on (clinical) experience and resources to support technological and instructional needs to enhance candidate learning.    80.8(2)   The unit provides evidence of collaboration with members of the professional community, including the unit’s advisory committee comprised of school administrators, classroom teachers, currently employed paraprofessionals and others, to design, deliver, and evaluate programs to prepare paraeducators.    80.8(3)   The unit’s use of staff in teaching roles is purposeful and managed to ensure integrity, quality, and continuity of the program(s).    80.8(4)   The unit ensures that resources are equitable for all program components, regardless of delivery or location.

281—80.9(272) Diversity standards.      80.9(1)   The unit will ensure that the paraeducator preparation program meets the following diversity standards:    a.    The unit provides an environment and experiences to paraeducator candidates to support candidate growth in knowledge, skills, and dispositions to help diverse groups of PK-12 students learn.    b.    The unit’s plans, policies, and practices document its efforts in establishing and maintaining a diverse staff, climate, and paraeducator candidate pool that strives to represent the diverse makeup of the community at large.    80.9(2)   In addition to the provisions of rule 281—80.11(272), the unit is to gather data about its implementation of this rule, use those data to make program improvements, and share those data and improvements with the schools and communities the unit serves.

281—80.10(272) Faculty standards.  Unit staff qualifications and performance facilitate the unit’s role in the preparation of a professional paraeducator in accordance with the provisions of this rule.    80.10(1)   The unit documents the alignment of teaching duties for each faculty member with that member’s preparation, knowledge, experiences, and skills appropriate for training paraeducators to serve in a school setting.    80.10(2)   The institution holds unit staff accountable for teaching the critical concepts and principles of the discipline.

281—80.11(272) Program assessment and evaluation standards.  The unit’s assessment system will appropriately monitor individual candidate performance and use that data in concert with other program information to improve the unit and its programs in accordance with the provisions of this rule.    80.11(1)   Each paraeducator candidate’s knowledge and skills will be measured against state certification standards adopted by the board of educational examiners under Iowa Code section 272.12 and the unit’s learning outcomes for any certificate for which the unit may recommend the candidate.    80.11(2)   Programs will submit curriculum exhibits for approval by the department.    80.11(3)   The unit will establish a standard of satisfactory performance of paraeducator candidates, which will comply with the following paragraphs:    a.    The unit uses measures for candidate assessment that are fair, reliable, and valid.    b.    The unit assesses candidates on their demonstration and attainment of unit standards.    c.    The unit uses a variety of assessment measures for assessment of candidates on each unit standard.    d.    The unit provides candidates with formative feedback on their progress toward attainment of unit standards.    80.11(4)   The unit will conduct a survey of graduates and their employers to ensure that its graduates are well prepared for their assigned roles.    80.11(5)   The unit will have a clearly defined, cohesive assessment system and regularly review, analyze, and revise its assessment practices.    80.11(6)   The unit will collect and analyze aggregated candidate and program data, use those data to make program improvements, and share those data and improvements with stakeholders on a regular basis.    80.11(7)   An annual report including a composite of evaluative data collected by the unit will be submitted to the department by September 30 of each year.    80.11(8)   When it publicly reports data, the unit will comply with all applicable privacy laws, including the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g.

281—80.12(272) Clinical practice standards.  The unit and its school partners will provide clinical experience opportunities that assist candidates in becoming successful paraeducators in accordance with the provisions of this rule.    80.12(1)   Paraeducator clinical experiences support learning in the context in which paraeducators will practice.    80.12(2)   Paraeducator clinical experiences include the following:    a.    A minimum of ten hours of experience in a state-approved school or educational facility under the supervision of a licensed educator.    b.    Opportunities for paraeducator candidates to observe and be observed by others in the application of skills and knowledge.       These rules are intended to implement Iowa Code section 256.7(22).
ARC 7168CEducation Department[281]Notice of Intended Action

Proposing rulemaking related to teacher and administrator quality programs and providing an opportunity for public comment

    The State Board of Education hereby proposes to rescind Chapter 83, “Teacher and Administrator Quality Programs,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code sections 284.3(3), 284.5(8) and 284.6(6).State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapter 284.Purpose and Summary    This proposed rulemaking is in response to Executive Order 10. The status quo rules contain many instances of overly restrictive language and language that duplicates statutory text verbatim. The proposed rulemaking eliminates that language. The Department of Education proposes retaining standards that have the highest relationship to improving student success.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 4, 2024. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 3, 2024 2 to 2:30 p.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa January 4, 2024 10 to 10:30 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

    ITEM 1.    Rescind 281—Chapter 83 and adopt the following new chapter in lieu thereof: CHAPTER 83TEACHER AND ADMINISTRATOR QUALITY PROGRAMSDIVISION IGENERAL STANDARDS APPLICABLE TO BOTH ADMINISTRATOR AND TEACHER QUALITY PROGRAMS

281—83.1(284,284A) Definitions.  For the purpose of these rules, the following definitions apply:        "Administrator" "school leader" means the same as “administrator” as defined in Iowa Code section 284A.2(1).        "Beginning administrator" means the same as defined in Iowa Code section 284A.2(2).        "Beginning teacher" means the same as defined in Iowa Code section 284.2(1). For purposes of the beginning teacher mentoring and induction program created pursuant to Iowa Code section 284.5 or in an approved career paths, leadership roles, and compensation framework or approved comparable system as provided in Iowa Code section 284.15, “beginning teacher” also includes preschool teachers who are licensed by the board of educational examiners under Iowa Code chapter 272 and are employed by a school district or area education agency.        "Comprehensive evaluation" means, with respect to a beginning teacher, the same as defined in Iowa Code section 284.2(2). With respect to a beginning administrator, “comprehensive evaluation” means the same as defined in Iowa Code section 284A.2(3).        "Department" means the department of education.        "Director" means the director of the department of education.        "District facilitator" means an individual in Iowa who serves as a coordinator for a district mentoring and induction program.        "Evaluator" means the same as defined in Iowa Code section 284.2(5).        "Intensive assistance" means the provision of organizational support and technical assistance to teachers, other than beginning teachers, for the remediation of identified teaching and classroom management concerns for a period not to exceed 12 months.        "Leadership standards" means the Iowa standards for school administrators adopted pursuant to Iowa Code section 256.7(27).        "Mentor" means, with respect to a beginning teacher, the same as defined in Iowa Code section 284.2(7). With respect to a beginning administrator, “mentor” means the same as defined in Iowa Code section 284A.2(7).        "Performance review" means the same as defined in Iowa Code section 284.2(8).        "School board" means the same as defined in Iowa Code section 284.2(9).        "State board" means the state board of education.        "Teacher" means the same as defined in Iowa Code section 284.2(11).DIVISION IISPECIFIC STANDARDS APPLICABLE TO TEACHER QUALITY PROGRAMS

281—83.2(284) Mentoring and induction program for beginning teachers.      83.2(1) Option one: beginning teacher mentoring and induction program.  Completion of a beginning teacher mentoring and induction program is one manner in which a beginning teacher may satisfy Iowa Code section 272.28(1).    a.    General.    (1)   School districts and area education agencies may provide a beginning teacher mentoring and induction program for all beginning teachers as specified in Iowa Code section 284.5.    (2)   A school district or area education agency may offer a teacher a third year of participation in the program if, after conducting a comprehensive evaluation, the school district or area education agency determines that the teacher is likely to successfully complete the mentoring and induction program by meeting the Iowa teaching standards by the end of the third year of eligibility. The third year of eligibility is offered at the employing district’s or area education agency’s expense. A teacher granted a third year of eligibility shall, in cooperation with the teacher’s evaluator, develop a plan to meet the Iowa teaching standards and district or area education agency career expectations. This plan will be implemented by the teacher and supported through the district’s or area education agency’s mentoring and induction program. The school district or area education agency will notify the board of educational examiners that the teacher will participate in a third year of the school district’s program. The teacher will undergo a comprehensive evaluation at the end of the third year. For purposes of comprehensive evaluations for beginning teachers, including the comprehensive evaluation necessary for the beginning teacher to progress to career teacher, the Iowa teaching standards and criteria are as described in rule 281—83.3(284). A school district or area education agency will participate in state program evaluations.    b.    Plan.Each school district or area education agency that offers a beginning teacher mentoring and induction program shall develop a sequential two-year beginning teacher mentoring and induction plan based on the Iowa teaching standards. A school district or area education agency will have the board adopt a beginning teacher mentoring and induction program plan and written procedures for the program. At the board’s discretion, the district or area education agency may choose to use or revise the model plan provided by the area education agency or develop a plan locally. The components of a district’s or area education agency’s beginning teacher mentoring and induction program shall include, but are not limited to, the following:    (1)   Goals for the program.    (2)   A process for the selection of mentors.    (3)   A mentor training process that:    1.   Is consistent with effective staff development practices and adult professional needs to include skills needed for teaching, demonstration, and coaching.    2.   Addresses mentor needs, indicating a clear understanding of the role of the mentor.    3.   Results in the mentor’s understanding of the personal and professional needs of new teachers.    4.   Provides the mentor with an understanding of the district expectations for beginning teacher competencies based on the Iowa teaching standards.    5.   Facilitates the mentor’s ability to provide guidance and support to new teachers.    (4)   A supportive organizational structure for beginning teachers which will include:    1.   Activities that provide access and opportunities for interaction between mentor and beginning teacher that at a minimum provide:
  • Released time for mentors and beginning teachers to plan;
  • The demonstration of classroom practices;
  • The observation of teaching; and
  • Feedback.
  •     2.   A selection process for who will be in the mentor/beginning teacher partnership.    3.   Roles and responsibilities of the mentor.
        (5)   An evaluation process for the program, which includes:    1.   An evaluation of the district and area education agency program goals,    2.   An evaluation process that provides for the minor and major program revisions, and    3.   A process for how information about the program will be provided to interested stakeholders.    (6)   The process for dissolving mentor and beginning teacher partnerships.    (7)   A plan that reflects the needs of the beginning teacher employed by the district or area education agency.    (8)   Activities designed to support beginning teachers by:    1.   Developing and enhancing competencies for the Iowa teaching standards, and    2.   Providing research-based instructional strategies.    (9)   Funds, if appropriated by the general assembly, received by a school district or area education agency from the beginning teacher mentoring and induction program will be used for any or all of the following purposes: to pay any applicable costs of the employer’s share of contributions to federal social security and the Iowa public employees’ retirement system for a pension and annuity retirement system established under Iowa Code chapter 294 for such amounts paid by the district or area education agency. These funds are miscellaneous funds or are considered encumbered. A school district or area education agency will maintain a separate listing within its budget for payments received and expenditures made for this program. Funds that remain unencumbered or unobligated at the end of the fiscal year will not revert but will remain available for expenditure for the purposes of the program until the close of the succeeding fiscal year.
        83.2(2) Option two: teacher leadership and compensation system.      a.    General.Two years of successful teaching experience in a school district with an approved career paths, leadership roles, and compensation framework or approved comparable system as provided in Iowa Code section 284.15 (“framework for beginning teachers” for purposes of this rule) is one manner in which a beginning teacher may satisfy Iowa Code section 272.28(1).    b.    Participation.School districts may provide an approved career paths, leadership roles, and compensation framework or approved comparable system as provided in Iowa Code section 284.15. A beginning teacher, as defined in this chapter, shall be informed by the school district, prior to the beginning teacher’s participation in a framework for beginning teachers, of the Iowa teaching standards and criteria upon which the beginning teacher will be evaluated and of the evaluation process utilized by the school district. The beginning teacher will be supported by the teacher leadership and compensation program as defined in part 4 of the submitted plan. The beginning teacher will be comprehensively evaluated by the end of the beginning teacher’s second year of teaching to determine whether the teacher meets expectations to move to the career level. The school district will recommend for a standard license a beginning teacher who has successfully met the Iowa teaching standards as determined by a comprehensive evaluation.    (1)   If a beginning teacher who is participating in a framework for beginning teachers leaves the employ of a school district prior to completion of the framework, the school district or area education agency subsequently hiring the beginning teacher will credit the beginning teacher with the time earned in such a framework prior to the subsequent hiring.    (2)   A school district may offer a teacher a third year of participation in a framework for beginning teachers if, after conducting a comprehensive evaluation, the school district determines that the teacher is likely to successfully meet the Iowa teaching standards by the end of the third year of eligibility. The third year of eligibility is offered at the employing district’s expense. A teacher granted a third year of eligibility shall, in cooperation with the teacher’s evaluator, develop a plan to meet the Iowa teaching standards and district or area education agency career expectations. This plan will be implemented by the teacher and supported through the district’s framework for beginning teachers. The school district shall notify the board of educational examiners that the teacher will participate in a third year of the school district’s framework for beginning teachers. The teacher is to undergo a comprehensive evaluation at the end of the third year.    (3)   For purposes of comprehensive evaluations for beginning teachers, including the comprehensive evaluation necessary for the beginning teacher to progress to career teacher, the Iowa teaching standards and criteria are as described in rule 281—83.3(284). A school district shall participate in state program evaluations.    c.    Plan assurances.Each school district that offers a framework under Iowa Code sections 284.15 through 284.17 and uses it for purposes of meeting the school district’s obligations to beginning teachers is to provide assurances to the department that the district’s framework for beginning teachers satisfies those Iowa Code sections and attends to the Iowa teaching standards and criteria described in rule 281—83.3(284).    d.    Inapplicability to area education agencies.This subrule is not applicable to area education agencies. Only subrule 83.2(1) is applicable to area education agencies; however, a teacher employed by an area education agency may be included in a framework or comparable system established by a school district if the area education agency and the school district enter into a contract for such purpose.

    281—83.3(284) Iowa teaching standards and criteria.  The Iowa teaching standards and supporting criteria provide Iowa school districts and area education agencies with a consistent representation of the complexity and the possibilities of quality teaching. The standards serve as the basis for comprehensive evaluations of teachers and as a basis for professional development plans. Each standard with supporting criteria is outlined as follows:    83.3(1)   Demonstrates ability to enhance academic performance and support for and implementation of the school district’s student achievement goals.    a.    The teacher:    (1)   Provides multiple forms of evidence of student learning and growth to students, families, and staff.    (2)   Implements strategies supporting student, building, and district goals.    (3)   Uses student performance data as a guide for decision making.    (4)   Accepts and demonstrates responsibility for creating a classroom culture that supports the learning of every student.    (5)   Creates an environment of mutual respect, rapport, and fairness.    (6)   Participates in and contributes to a school culture that focuses on improved student learning.    (7)   Communicates with students, families, colleagues, and communities effectively and accurately.    b.    Alternative criteria for area education agency staff who meet the definition of “teacher” are described herein. The staff member:    (1)   Uses knowledge and understanding of the area education agency’s mission, goals, and strategic priorities to provide services that enhance academic performance.    (2)   Understands and uses knowledge of area education agency and district goals and data to provide services that enhance academic performance.    (3)   Participates in and contributes to a positive learning culture.    (4)   Communicates with students, families, colleagues, and communities effectively and accurately.    (5)   Uses area education agency, district, and student data as a guide for decision making.    83.3(2)   Demonstrates competence in content knowledge appropriate to the teaching position.    a.    The teacher:    (1)   Understands and uses key concepts, underlying themes, relationships, and different perspectives related to the content area.    (2)   Uses knowledge of student development to make learning experiences in the content area meaningful and accessible for every student.    (3)   Relates ideas and information within and across content areas.    (4)   Understands and uses instructional strategies that are appropriate to the content area.    b.    Alternative criteria for area education agency staff who meet the definition of “teacher” are described herein. The staff member:    (1)   Understands, communicates, and uses key concepts and best practice in fulfillment of area education agency roles and responsibilities.    (2)   Uses knowledge of child and adolescent development and of adult learning to make interventions and strategies meaningful, relevant, and accessible.    (3)   Relates professional knowledge and services within and across multiple content and discipline areas.    (4)   Understands and supports strategies and interventions that are best practice across content and discipline areas.    83.3(3)   Demonstrates competence in planning and preparing for instruction.    a.    The teacher:    (1)   Uses student achievement data, local standards, and the district curriculum in planning for instruction.    (2)   Sets and communicates high expectations for social, behavioral, and academic success of all students.    (3)   Uses students’ developmental needs, backgrounds, and interests in planning for instruction.    (4)   Selects strategies to engage all students in learning.    (5)   Uses available resources, including technology, in the development and sequencing of instruction.    b.    Alternative criteria for area education agency staff who meet the definition of “teacher” are described herein. The staff member:    (1)   Demonstrates the ability to organize and prioritize time, resources, and responsibilities.    (2)   Demonstrates the ability to individually and collaboratively plan and prepare professional services that address the range of district, teacher, parent, and student needs.    (3)   Uses district and student data to develop goals and interventions.    (4)   Demonstrates the flexibility to plan for professional services based on changing conditions of the work context and environment.    (5)   Uses available resources, including technology, to plan and develop professional services.    83.3(4)   Uses strategies to deliver instruction that meets the multiple learning needs of students.    a.    The teacher:    (1)   Aligns classroom instruction with local standards and district curriculum.    (2)   Uses research-based instructional strategies that address the full range of cognitive levels.    (3)   Demonstrates flexibility and responsiveness in adjusting instruction to meet student needs.    (4)   Engages students in varied experiences that meet diverse needs and promote social, emotional, and academic growth.    (5)   Connects students’ prior knowledge, life experiences, and interests in the instructional process.    (6)   Uses available resources, including technology, in the delivery of instruction.    b.    Alternative criteria for area education agency staff who meet the definition of “teacher” are described herein. The staff member:    (1)   Aligns service delivery to district, teacher, parent, and student needs.    (2)   Provides consultation, instruction, interventions, and strategies that align with learner needs.    (3)   Demonstrates flexibility and responsiveness in adjusting services to meet diverse learner needs.    (4)   Uses and supports research-based and evidence-based practices to meet learner needs.    (5)   Uses available resources, including technology, to provide professional services that meet learner needs.    83.3(5)   Uses a variety of methods to monitor student learning.    a.    The teacher:    (1)   Aligns classroom assessment with instruction.    (2)   Communicates assessment criteria and standards to all students and parents.    (3)   Understands and uses the results of multiple assessments to guide planning and instruction.    (4)   Guides students in goal setting and assessing their own learning.    (5)   Provides substantive, timely, and constructive feedback to students and parents.    (6)   Works with other staff and building and district leadership in analysis of student progress.    b.    Alternative criteria for area education agency staff who meet the definition of “teacher” are described herein. The staff member:    (1)   Uses appropriate assessment, data collection, and data analysis methods that support alignment of services with learner needs.    (2)   Works collaboratively within the learning community to establish measurable goals and to identify formative and summative methods to monitor progress and the quality of implementation.    (3)   Communicates the rationale and criteria of assessment and monitoring methods.    (4)   Elicits and provides timely and quality feedback on assessment and monitoring.    83.3(6)   Demonstrates competence in classroom management.    a.    The teacher:    (1)   Creates a learning community that encourages positive social interaction, active engagement, and self-regulation for every student.    (2)   Establishes, communicates, models, and maintains standards of responsible student behavior.    (3)   Develops and implements classroom procedures and routines that support high expectations for student learning.    (4)   Uses instructional time effectively to maximize student achievement.    (5)   Creates a safe and purposeful learning environment.    b.    Alternative criteria for area education agency staff who meet the definition of “teacher” are described herein. The staff member:    (1)   Models respectful dialogue and behaviors within and across job responsibilities.    (2)   Promotes and maintains a positive, safe, and productive environment.    (3)   Works collaboratively and is flexible.    (4)   Communicates accurately and effectively.    83.3(7)   Engages in professional growth.    a.    The teacher:    (1)   Demonstrates habits and skills of continuous inquiry and learning.    (2)   Works collaboratively to improve professional practice and student learning.    (3)   Applies research, knowledge, and skills from professional development opportunities to improve practice.    (4)   Establishes and implements professional development plans based upon the teacher’s needs aligned to the Iowa teaching standards and district/building student achievement goals.    (5)   Provides an analysis of student learning and growth based on teacher-created tests and authentic measures as well as any standardized and districtwide tests.    b.    Alternative criteria for area education agency staff who meet the definition of “teacher” are described herein. The staff member:    (1)   Demonstrates habits and skills of continuous inquiry and learning.    (2)   Works collaboratively to improve professional practices.    (3)   Applies and shares research, knowledge, and skills from professional development.    (4)   Establishes and implements professional development plans aligned to area education agency, district, and student learning goals.    83.3(8)   Fulfills professional responsibilities established by the school district.    a.    The teacher:    (1)   Adheres to board policies, district procedures, and contractual obligations.    (2)   Demonstrates professional and ethical conduct as defined by state law and district policy.    (3)   Contributes to efforts to achieve district and building goals.    (4)   Demonstrates an understanding of and respect for all learners and staff.    (5)   Collaborates with students, families, colleagues, and communities to enhance student learning.    b.    Alternative criteria for area education agency staff who meet the definition of “teacher” are described herein. The staff member:    (1)   Adheres to board policies, area education agency procedures, federal and state rules, and contractual obligations.    (2)   Demonstrates professional and ethical conduct as defined by state law and area education agency policies.    (3)   Contributes to efforts to achieve area education agency goals.    (4)   Demonstrates an understanding of and respect for all learners.    (5)   Collaborates with all learners.    83.3(9)   The school board will provide comprehensive evaluations for beginning teachers using the Iowa teaching standards and criteria listed in this rule. The school board, for the purposes of performance reviews for teachers other than beginning teachers, will provide evaluations that contain, at a minimum, the Iowa teaching standards and criteria listed in this rule.

    281—83.4(284) Evaluator approval training.  The department will approve eligible providers and their programs to conduct evaluator training. Only individuals certified through programs approved by the department qualify for evaluator certification by the board of educational examiners. A beginning teacher who has evaluator certification from the board of educational examiners shall not evaluate other teachers until the beginning teacher is no longer a probationary employee. Approved evaluator training programs are designed to align with the Iowa teaching standards and criteria, provide evaluators with the skills to conduct comprehensive evaluations and performance reviews pursuant to Iowa Code chapter 284, and provide for the evaluation of the progress made on individual professional development plans. This training for evaluators is to incorporate components of theory, demonstration, practice, and application of evaluation knowledge and skills.    83.4(1) Applications for providers of evaluator approval training.  Eligible applications for the provision of evaluator approval training include the following components:    a.    A curriculum that addresses participant skill development in:    (1)   The identification of quality instruction and practices based on the Iowa teaching standards and criteria;    (2)   The use of multiple forms of data collection for identifying and supporting performance and development;    (3)   The understanding and development of conferencing and feedback skills; and    (4)   The development of skills in data-based decision making.    b.    Demonstration that the evaluator approval training process design provides training as specified in this rule.    c.    A description of the process used to deliver the training to participants.    d.    A description of the procedures developed to certify the skill attainment of the evaluator being trained.    e.    A budget.    f.    Staff qualifications.    g.    Evidence of the provider’s expertise in evaluation design and training processes.    h.    Provisions for leadership to support and implement ongoing professional development focused on student learning.    i.    A process that evaluates the effectiveness of the implementation of the training process and demonstrates that the trainees have attained the knowledge and skills as described in paragraph 83.4(1)“a.” This evaluation will be conducted on an annual basis and submitted to the department.    83.4(2) Process used for the approval of evaluator approval training program applications.      a.    Eligible providers will apply on forms prescribed by the department. Applications for new providers will be accepted and reviewed by the department by July 1 of each year. A review panel will be convened to review applications for evaluator approval training programs based on subrule 83.4(1). The panel will recommend for approval and the department will approve the evaluator approval training programs that satisfy that subrule. Applicants will be notified of their status within 30 days of the application deadline. An approved list of private providers will be maintained on the department website with an annual notification to school districts and area education agencies of the website address that contains provider information.    b.    Eligible providers may be public or private entities, including school districts, consortia, and other public or private entities including professional organizations. Applicants are to meet all applicable federal, state, and local health, safety and civil rights laws. Higher education administrative practitioner preparation institutions are to meet the review process through the state board approval and accreditation process for these institutions.    83.4(3) Local teacher evaluation plans.  Local districts and area education agencies will develop and implement a teacher evaluation plan that contains the following components:    a.    The use of the Iowa teaching standards and criteria;    b.    Provisions for the comprehensive evaluation of beginning teachers that include a review of the teacher’s progress on the Iowa teaching standards as set forth in rule 281—83.3(284) and the use of the comprehensive evaluation instrument developed by the department;    c.    Provisions for reviews of the performance of teachers other than beginning teachers as follows:    (1)   Review once every three years by an evaluator to include, at a minimum, classroom observation of the teacher, a review of the teacher’s progress on the Iowa teaching standards as set forth in rule 281—83.3(284) and additional standards and criteria if established under subrule 83.3(9), a review of the implementation of the teacher’s individual professional development plan, and supporting documentation from other evaluators, teachers, parents, and students; and    (2)   Review annually, other than the third-year review by an evaluator, by a peer group of teachers in accordance with Iowa Code section 284.8(1);    d.    Provisions for individual professional development plans for teachers other than beginning teachers;    e.    Provisions for an intensive assistance program as provided in Iowa Code section 284.8 that addresses the remediation defined under subrules 83.3(1) through 83.3(8).    (1)   If a supervisor or an evaluator determines, at any time, as a result of a teacher’s performance that the teacher is not meeting district expectations under subrules 83.3(1) through 83.3(8), the evaluator will, at the direction of the teacher’s supervisor, recommend to the district that the teacher participate in an intensive assistance program. The intensive assistance program and its implementation are not subject to negotiation or grievance procedures established pursuant to Iowa Code chapter 20.    (2)   A teacher who is not meeting the applicable standards and criteria based on a determination made pursuant to paragraph 83.4(3)“e” will participate in an intensive assistance program. However, a teacher who has previously participated in an intensive assistance program relating to particular Iowa teaching standards or criteria is not entitled to participate in another intensive assistance program relating to the same standards or criteria and is subject to the provisions of paragraph 83.4(3)“f.”    f.    Following a teacher’s participation in an intensive assistance program, the teacher will be reevaluated to determine whether the teacher successfully completed the intensive assistance program and is meeting district expectations under the applicable Iowa teaching standards or criteria. If the teacher did not successfully complete the intensive assistance program or continues not to meet the applicable Iowa teaching standards or criteria, the school board may do any of the following:    (1)   Terminate the teacher’s contract immediately pursuant to Iowa Code section 279.27.    (2)   Terminate the teacher’s contract at the end of the school year pursuant to Iowa Code section 279.15.    (3)   Continue the teacher’s contract for a period not to exceed one year. However, the contract will not be renewed and is not subject to Iowa Code section 279.15.

    281—83.5(284) Professional development for teachers.      83.5(1) Professional development for school districts, area education agencies, and attendance centers.  The following provisions apply to professional development for school districts, area education agencies, and attendance centers:    a.    Professional learning standards.Professional learning within an area education agency or local district is aligned with the state standards for teaching and learning and aligned to the following standards for professional development. Professional learning increases educator effectiveness and results for all students when it:    (1)   Occurs within learning communities committed to continuous improvement, collective responsibility, and goal alignment.    (2)   Requires skillful leaders to develop capacity, advocate, and create support systems for professional learning.    (3)   Prioritizes, monitors, and coordinates resources for educator learning.    (4)   Uses a variety of sources and types of student, educator, and system data to plan, assess, and evaluate effectiveness of instruction.    (5)   Integrates theories, research, and models of human learning to achieve intended outcomes.    (6)   Applies research on change and sustains support for implementation of professional learning for long-term change.    (7)   Aligns its outcomes with educator performance and student curriculum standards.    b.    District or area education agency professional development plan.The district or area education agency professional development plan is to be a long-term plan designed and implemented to increase student achievement and includes all on-site and district or area education agency personnel responsible for instruction. The district or area education agency professional development plan is to contain, but not be limited to, the following:    (1)   Implementation of a school district’s or area education agency’s plan for professional learning.    (2)   Documentation that the professional development is based on student data; aligned with district or attendance center student achievement goals; and focused on instruction, curriculum, and assessment.    (3)   The study and implementation of research-based instructional strategies that improve teaching and learning.    (4)   Collaborative inquiry into the area of greatest student learning need.    (5)   Research-based training strategies (e.g., theory, demonstration, observation, practice, coaching, reflection, evaluation) that promote transfer and positive outcomes as needed for learning new practices.    (6)   Allocation of time to collectively study content, instruction, and impact so necessary adjustments can be made to ensure student success.    (7)   Accountability and an evaluation that documents improvement of practice and the impact on student learning.    c.    Attendance center professional development plans.Each attendance center within a school district will develop an attendance center professional development plan as a means of promoting group professional development. An attendance center professional development plan will further the needs of personnel responsible for instruction in the attendance center and enhance the student achievement goals of the attendance center and the goals of the district.    d.    Individual professional development plans.The school district and area education agency shall support the development and implementation of the individual teacher professional development plan for each teacher as outlined in subrule 83.5(2). Each individual teacher professional development plan will align to the fullest extent possible with the district professional development plan.    e.    Beginning teacher mentoring and induction.A school district will develop and implement a beginning teacher mentoring and induction plan as outlined in subrule 83.2(1) or a framework for beginning teachers as outlined in subrule 83.2(2). The district’s beginning teacher mentoring and induction plan or framework for beginning teachers will align with the district professional development plan described in paragraph 83.5(1)“b.” An area education agency will develop and implement a beginning teacher mentoring and induction plan as outlined in subrule 83.2(1), which will align with the area education agency’s professional development plan described in paragraph 83.5(1)“b.”    f.    Organizational support for professional development.The school district will provide resources and support for the district professional development plan, including opportunities for professional development, time for collaborative work of staff, budgetary support, and policies and procedures that reflect the district’s commitment to professional development.    83.5(2) Individual teacher professional development plan.  Each school district and area education agency shall support the development and implementation of individual teachers’ professional development plans for teachers other than beginning teachers. The purpose of the individual plan is to promote individual and collective professional development. At a minimum, the goals for an individual teacher professional development plan are based on the needs of the teacher and on the relevant Iowa teaching standards that support the student achievement goals of the teacher’s classroom or classrooms, attendance center and school district or area education agency, as appropriate, as outlined in the comprehensive school improvement plan. The goals will go beyond those under the attendance center professional development plan described in paragraph 83.5(1)“c.” The learning opportunities provided to meet the goals of the individual teacher plan include individual study and collaborative study of district-determined or area education agency-determined content to the extent possible. The individual plan will be developed by the teacher in collaboration with the teacher’s evaluator. An annual meeting will be held between the teacher’s evaluator and the teacher to review the goals and refine the plan.    83.5(3) Professional development provider standards.      a.    A provider may be a school district; an area education agency; a higher education institution; a public or private entity including a professional organization that provides long-term, ongoing support for the district’s or area education agency’s professional development plan; or a consortium of any of the foregoing. An educational organization or program with specific professional development accreditation or approval from the department is an approved provider.    b.    Providers that are not currently accredited or approved through state accreditation procedures will follow approval procedures identified in the district’s or area education agency’s professional development plan. The potential provider will submit to the school district or area education agency a written application that provides the following documentation:    (1)   How the provider will deliver technical assistance that meets the Iowa professional development standards provided in paragraph 83.5(1)“a.”    (2)   How the provider intends to assist the local district or area education agency in designing, implementing, and evaluating professional development that satisfies paragraph 83.5(1)“b.”    (3)   A description of the qualifications of the provider.    (4)   Evidence of the provider’s expertise in professional development.    (5)   A budget.    (6)   Procedures for evaluating the effectiveness of the technical assistance delivered by the provider.

    281—83.6(284) Teacher quality committees.  Each school district and area education agency will create a teacher quality committee pursuant to Iowa Code section 284.4. The committee is subject to Iowa Code chapter 21. To the extent possible, committee membership will have balanced representation with regard to gender. The committee will do all of the following:
    1. Monitor the implementation of statutes and administrative code provisions relating to this chapter, including those that affect any agreement negotiated pursuant to Iowa Code chapter 20.
    2. Monitor the evaluation provisions of this chapter to ensure evaluations are conducted in a fair and consistent manner throughout the school district or agency. The committee will develop model evidence for the Iowa teaching standards and criteria. The model evidence will minimize paperwork and focus on teacher improvement. The model evidence will determine which standards and criteria can be met through observation and which evidence meets multiple standards and criteria.
    3. Determine, following the adoption of the Iowa professional development model by the state board of education, the use and distribution of the professional development funds distributed to the school district or agency as provided in Iowa Code section 284.13(1)“d” based upon school district or agency, attendance center, and individual teacher professional development plans.
    4. Monitor the professional development in each attendance center to ensure that the professional development meets school district or agency, attendance center, and individual teacher professional development plans.
    5. Determine the compensation for teachers on the committee for work responsibilities beyond the normal workday.
    6. Make recommendations to the school board and the certified bargaining representative regarding the expenditures of market factor incentives.
    DIVISION IIISPECIFIC STANDARDS APPLICABLE TO ADMINISTRATOR QUALITY PROGRAMS

    281—83.7(284A) Administrator quality program.  An administrator quality program is established to promote high student achievement and enhanced educator quality and consists of the following four major components:
    1. Adherence to the Iowa school leadership standards and criteria as the minimum basis for evaluations of administrators and as the basis for professional development plans for administrators.
    2. Mentoring and induction programs that provide support for administrators in accordance with Iowa Code section 284A.5.
    3. Professional development designed to directly support best practice for leadership.
    4. Evaluation of administrators against the Iowa standards for school administrators.

    281—83.8(284A) Mentoring and induction program for administrators.  Each school board will establish a beginning administrator mentoring and induction program as specified in Iowa Code section 284A.5.

    281—83.9(284A) Iowa school leadership standards for administrators.  The Iowa school leadership standards for administrators provide a framework to guide leadership practice and how leaders are prepared, hired, developed, supervised and evaluated. A local school board may establish additional administrator standards and related criteria but will, at a minimum, utilize the following standards:    83.9(1) Mission, vision, and core values.  Educational leaders develop, advocate, and enact a shared mission, vision, and core values of high-quality education and academic success and well-being of each student.    83.9(2) Ethics and professional norms.  Educational leaders act ethically and according to professional norms to promote each student’s academic success and well-being.    83.9(3) Equity and cultural responsiveness.  Educational leaders strive for equity of educational opportunity and culturally responsive practices to promote each student’s academic success and well-being.    83.9(4) Curriculum, instruction, and assessment.  Educational leaders develop and support intellectually rigorous and coherent systems of curriculum, instruction, and assessment to promote each student’s academic success and well-being.    83.9(5) Community of care and support for students.  Educational leaders cultivate an inclusive, caring, and supportive school community that promotes the academic success and well-being of each student.    83.9(6) Professional capacity of school personnel.  Educational leaders develop the professional capacity and practice of school personnel to promote each student’s academic success and well-being.    83.9(7) Professional community for teachers and staff.  Educational leaders foster a professional community of teachers and other professional staff to promote each student’s academic success and well-being.    83.9(8) Meaningful engagement of families and communities.  Educational leaders engage families and the community in meaningful, reciprocal, and mutually beneficial ways to promote each student’s academic success and well-being.    83.9(9) Operations and management.  Educational leaders manage school operations and resources to promote each student’s academic success and well-being.    83.9(10) School improvement.  Educational leaders act as agents of continuous improvement to promote each student’s academic success and well-being.

    281—83.10(284A) Evaluation.  The board of directors of a school district will conduct an annual evaluation of an administrator who holds a professional administrator license issued under Iowa Code chapter 272, as specified in Iowa Code section 284A.7.

    281—83.11(284A) Professional development of administrators.  Each school district is responsible for the provision of professional growth programming for individuals employed in a school district administrative position by the school district or area education agency as deemed appropriate by the board of directors of the school district or area education agency as specified in Iowa Code section 284A.6.       These rules are intended to implement Iowa Code chapters 284 and 284A.
    ARC 7187CExecutive Council[361]Notice of Intended Action

    Proposing rulemaking related to group insurance for state employees, deferred compensation program, and health maintenance organizations and providing an opportunity for public comment

        The Executive Council hereby proposes to adopt new Chapter 1, “Group Insurance for State Employees,” and rescind Chapter 5, “Deferred Compensation Program,” and Chapter 6, “Health Maintenance Organizations,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 509A.8.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code sections 509A.6 and 509A.12.Purpose and Summary    This proposed rulemaking authorizes the director of the Department of Administrative Services (DAS) to administer the deferred compensation and health benefits programs for state employees.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Council for a waiver of the discretionary provisions, if any, pursuant to Iowa Code section 17A.9A.Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Council no later than 4:30 p.m. on January 5, 2024. Comments should be directed to: Nate Ristow Governor’s Office, Iowa State Capitol 1007 East Grand Avenue Des Moines, Iowa 50319 Phone: 515.314.2998 Email: nate.ristow@governor.iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 4, 2024 11:30 a.m. to 12 noonRoom G9, Iowa State Capitol 1007 East Grand Avenue Des Moines, Iowa January 5, 2024 11:30 a.m. to 12 noon Room G9, Iowa State Capitol 1007 East Grand Avenue Des Moines, Iowa     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Council and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Adopt the following new 361—Chapter 1: CHAPTER 1GROUP INSURANCE FOR STATE EMPLOYEES

    361—1.1(509A) Administration.  The executive council authorized the director of the department of administrative services or designee to administer the deferred compensation program and the health maintenance organization program for employees of the state of Iowa. The rules for administering the program are as provided for in 11—Chapter 64.       This rule is intended to implement Iowa Code sections 509A.6 and 509A.12.

        ITEM 2.    Rescind and reserve 361—Chapter 5.

        ITEM 3.    Rescind and reserve 361—Chapter 6.
    ARC 7188CExecutive Council[361]Notice of Intended Action

    Proposing rulemaking related to disaster contingency fund and providing an opportunity for public comment

        The Executive Council hereby proposes to adopt new Chapter 2, “Contingent Fund—Disaster Fund,” and rescind Chapter 7, “Disaster Contingency Fund,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 29C.20.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 29C.20.Purpose and Summary    The purpose of this proposed rulemaking is to enumerate policies, responsibilities, and procedures adopted by the Executive Council of the State of Iowa in order to provide guidance for administering the state Disaster Contingency Fund.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Council for a waiver of the discretionary provisions, if any, pursuant to Iowa Code section 17A.9A.Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Council no later than 4:30 p.m. on January 5, 2024. Comments should be directed to: Nate Ristow Governor’s Office, Iowa State Capitol 1007 East Grand Avenue Des Moines, Iowa 50319 Phone: 515.314.2998 Email: nate.ristow@governor.iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 4, 2024 11:45 a.m. to 12 noon Room G9, Iowa State Capitol 1007 East Grand Avenue Des Moines, Iowa January 5, 2024 11:45 a.m. to 12 noon Room G9, Iowa State Capitol 1007 East Grand Avenue Des Moines, Iowa     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Council and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Adopt the following new 361—Chapter 2: CHAPTER 2CONTINGENT FUND—DISASTER AID

    361—2.1(29C) Purpose.  The purpose of these rules is to enumerate policies, responsibilities, and procedures adopted by the executive council of the state of Iowa in order to provide guidance for administering the state disaster contingency fund as described in Iowa Code section 29C.20.

    361—2.2(29C) Definitions.  The definitions set forth in Iowa Code chapter 29C are incorporated herein by reference.

    361—2.3(29C) Policy.  It is the policy of the state of Iowa to maintain an organization and procedures for providing supplemental assistance by the state to governmental subdivisions in the achievement of improved disaster readiness and to recover from the effects of a disaster.

    361—2.4(29C) Program responsibilities and procedures.      2.4(1) Governor.  The governor may proclaim a state of disaster emergency in accordance with Iowa Code section 29C.6.    2.4(2) Governmental subdivisions.  Governmental subdivisions will:    a.    Make every effort to avert and recover from the disaster with their own resources.    b.    Maintain detailed accounts of disaster expenses.    c.    Submit to the department a request for a loan. The initial request constitutes a letter on official agency letterhead briefly describing the effect of the disaster or action on the governmental subdivision and the immediate financial inability to meet the continuing obligations of local government.    d.    Include in the initial letter request Form SDA-1, Form SDA-2, Form SDA-3, and Form SDA-3A as well as the State of Iowa Contingent Fund Loan Contact and Information Sheet.    e.    Initiate action to implement annual emergency levy as authorized by Iowa Code sections 24.6 and 384.8, in order to expedite repayment of loan.    2.4(3) Director.  The director will:    a.    Prepare and maintain current rules for issuance by the executive council, providing for the administration of the contingent fund—disaster aid.    b.    Coordinate, as necessary, actions by other departments and agencies necessary to the administration of the contingent fund—disaster aid.    c.    Report each fiscal year to the governor and the executive council on activities in connection with administration of the contingent fund—disaster aid including, but not limited to, a description of each disaster of a magnitude sufficient to warrant recommendations concerning applications for loans to the executive council. Such description is to include the kind and scope of the disaster, the disposition of government subdivision applications for loans, and the total of loan approvals for the fiscal year.    d.    The director, upon receipt of an initial request for assistance supported by all appropriate forms and documentation, will advise the secretary of the executive council of such request and will furnish copies of all accompanying documents.    e.    The director will submit a recommendation to the executive council as to eligibility and entitlement of the requesting governmental subdivision on Form SDA-4 and Form SDA-4A.    2.4(4) Executive council.  The executive council will:    a.    Decide if the contingent fund—disaster aid is justified by the application and showing, and, if so, the amount of the loan(s) to be made.    b.    Develop and publish the form and procedures for applying for the contingent fund—disaster aid and issue rules describing the administration of the contingent fund—disaster aid.    c.    Designate and instruct appropriate state departments and agencies to assist the director and the department in the administration of the contingent fund—disaster aid by loan or use of personnel, equipment, and facilities.    d.    Consider the information furnished by the governmental subdivisions requesting loans, the report and recommendation of the director and decide which of the governmental subdivisions are eligible, and if so, the amount and terms reflecting approved eligibility.The aggregate total of the loans cannot exceed $1 million during a fiscal year.    2.4(5) Department of management.  The department of management will execute loans in the amounts, and as scheduled, to government subdivisions as approved by the executive council and maintain appropriate accounts.    2.4(6) State auditor actions.  The auditor will audit the accounts of government subdivisions to ensure that loans have been applied in accordance with determined eligibility and will make an audit report to the executive council.

    361—2.5(29C) Eligibility for contingent fund—disaster aid loans.      2.5(1)   To be eligible for contingent fund—disaster aid loans, a governmental subdivision will demonstrate an immediate financial inability to meet the continuing obligations of local government through a showing of obligations and expenditures necessitated by an actual or potential disaster proclaimed a state of disaster emergency by the governor.    2.5(2)   The loan, if made, may only be up to a limit of 75 percent of the showing of obligations and expenditures. The loan, without interest, may be repaid by the maximum annual emergency levy as authorized by Iowa Code sections 24.6 and 384.8. The loan shall be repaid within 20 years.

    361—2.6(29C) Forms and documents.      2.6(1)   SDA forms.    a.    Form SDA-1 “Certified True Copy of Resolution of Governing Body.”    b.    Form SDA-2 “Certificate by Authorized Requesting Official to Accompany Application for State Disaster Aid.”    c.    Form SDA-3 “Application for Financial State Disaster Aid.”    d.    Form SDA-3A “Resolution.”    e.    Form SDA-4 “Report and Recommendation of the Director, Iowa Department of Homeland Security and Emergency Management on Application for State Disaster Aid.”    f.    Form SDA-4A “Review of Application for State Disaster Aid.”    2.6(2)   “Request from Applicant” as described in paragraph 2.4(2)“c.”    2.6(3)   “State of Iowa Contingent Fund Loan Contact and Information Sheet.”       These rules are intended to implement Iowa Code section 29C.20.

        ITEM 2.    Rescind and reserve 361—Chapter 7.
    ARC 7189CExecutive Council[361]Notice of Intended Action

    Proposing rulemaking related to inheritance tax payments and providing an opportunity for public comment

        The Executive Council hereby proposes to adopt new Chapter 3, “Inheritance Tax Payments,” and rescind Chapter 11, “Inheritance Tax Payments,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 450.6.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 450.6.Purpose and Summary    This proposed rulemaking provides the criteria by which the Council will approve an inheritance tax credit for transfer of property to a public entity.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Council for a waiver of the discretionary provisions, if any, pursuant to Iowa Code section 17A.9A.Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Council no later than 4:30 p.m. on January 5, 2024. Comments should be directed to: Nate Ristow Governor’s Office, Iowa State Capitol 1007 East Grand Avenue Des Moines, Iowa 50319 Phone: 515.314.2998 Email: nate.ristow@governor.iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 4, 2024 12 noon to 12:15 p.m. Room G9, Iowa State Capitol 1007 East Grand Avenue Des Moines, Iowa January 5, 2024 12 noon to 12:15 p.m.Room G9, Iowa State Capitol 1007 East Grand Avenue Des Moines, Iowa     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Council and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Adopt the following new 361—Chapter 3: CHAPTER 3INHERITANCE TAX PAYMENTS

    361—3.1(450) Prior tax payment.  If the inheritance tax has been paid and the payment is not excessive and, therefore, not subject to refund under Iowa Code section 450.94(3), the council will not approve, as a tax credit, any property transfer as a substitute for the prior tax payment.

    361—3.2(450) Real property and tangible personal property.  The tax credit is applicable for transfers of real property or of tangible personal property located in Iowa. Transfers of intangible property or of property located outside of Iowa will never qualify for the tax credit.    3.2(1) Real property.  The executive council will not approve a credit for a transfer of a joint interest in real property or for property that is encumbered by liens. However, the council may approve a credit for an interest in real property that is less than full legal and equitable title if the interest is an easement for public access, a conservation or preservation easement, dedication for preserves or for other public use, or other similar interest, which by virtue of the location and nature of the property is of significant, unique value to the public or to the environment. Property encumbered by liens of creditors will not qualify for the tax credit. Proposals to transfer a partial interest will not qualify for the tax credit.    3.2(2) Tangible personal property.  Tangible personal property is tangible property that can be touched or handled. It is corporeal and is contrasted with intangible property. Intangible property includes but is not limited to cash, choses in action, copyrights, patents, stocks, bonds, trademarks, or annuities. Ramco, Inc. v. Director, Department of Revenue, 248 N.W.2d 122 (Iowa 1976).

    361—3.3(450) Type, use, and purpose of transfers.  The transferred property for which tax credit will be claimed should be useful to the public generally. Thus, for example, transfers of real property to be dedicated and used as a park or wildlife area will generally be approved by the council for the tax credit. In addition, at the time of the transfer, the governmental entity receiving the property should intend to own and use it for a public purpose for an indefinite period of time. The council will not approve a tax credit if the property transferred is to be sold or otherwise transferred again. However, mere retention of authority to dispose of or transfer property does not preclude the council from granting the credit if the donee has rules or policies to ensure that the property may only be transferred to a similar entity or affiliated organization for a similar purpose or sold in a reasonable manner with the proceeds pledged to the same purpose as the original gift. The property transferred should have real significance to the public and should be permanently used for the public’s benefit. Personal property transferred should have significant historical or cultural value or be transferred and used in association with any real property transferred for which the council will approve the tax credit.

    361—3.4(450) Political subdivisions.  A political subdivision of the state of Iowa is a geographic or territorial portion of the state in which local governmental functions are performed. An agency or instrumentality of a political subdivision is part of the political subdivision. 1976 Op. Att’y Gen. 823.

    361—3.5(450) Eligible taxes.  The tax credit provisions in Iowa Code section 450.6 are applicable to the Iowa inheritance tax imposed by Iowa Code chapter 450.

    361—3.6(450) Partial payment.  If the value of the property to be transferred is less than the inheritance tax liability of the beneficiary, heir, surviving joint tenant or other transferee who proposes such transfer and if the council approves the transfer, the remaining portion of the liability shall be paid to the department of revenue before the tax credit will be granted.

    361—3.7(450) Timeliness of application.  An application for approval of a proposed transfer shall be filed with the council within eight months of the death of the decedent, unless, for good cause, the council extends the period for filing such application. In no case will such extension be granted beyond the due date for the filing of the inheritance tax return and due date for payment of the tax or, if applicable, an extended date obtained pursuant to 701—subrule 900.2(9).

    361—3.8(450) Notice of donee agencies.  Any state agency that is the transferee of the property in question will receive notice of any pending application on the agenda of the executive council.

    361—3.9(450) Scope of rules.  These rules do not foreclose any transfers of property of any kind to the state or its political subdivisions. These rules are only concerned with whether such transfers will qualify for the tax credit authorized by Iowa Code section 450.6. The council’s intent is to demonstrate that its discretion to approve the tax credit will not be broadly exercised.

    361—3.10(450) Forms.  The application to pay inheritance tax by a transfer of property and the certifications necessary under these rules is made on forms available from the department of revenue.

    361—3.11(88GA,SF619) Sunset.  This chapter shall cease to be operative on January 1, 2026.       These rules are intended to implement Iowa Code sections 17A.3 and 450.6.

        ITEM 2.    Rescind and reserve 361—Chapter 11.
    ARC 7190CExecutive Council[361]Notice of Intended Action

    Proposing rulemaking related to disbursement of money from civil reparations trust fund and providing an opportunity for public comment

        The Executive Council hereby proposes to adopt new Chapter 4, “Disbursement of Money From Civil Reparations Trust Fund,” and rescind Chapter 12, “Disbursement of Money From Civil Reparations Trust Fund,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code chapters 7D, 17A and 668A.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapter 668A.Purpose and Summary    These proposed rules explain the process for applying for grants from the civil reparations trust fund and the criteria the Council will use to consider disbursement for the purposes of indigent civil litigation programs or insurance assistance programs.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Council for a waiver of the discretionary provisions, if any, pursuant to Iowa Code section 17A.9A.Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Council no later than 4:30 p.m. on January 5, 2024. Comments should be directed to: Nate Ristow Governor’s Office, Iowa State Capitol 1007 East Grand Avenue Des Moines, Iowa 50319 Phone: 515.314.2998 Email: nate.ristow@governor.iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 4, 2024 12:15 to 12:30 p.m. Room G9, Iowa State Capitol 1007 East Grand Avenue Des Moines, Iowa January 5, 2024 12:15 to 12:30 p.m. Room G9, Iowa State Capitol 1007 East Grand Avenue Des Moines, Iowa     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Council and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Adopt the following new 361—Chapter 4: CHAPTER 4DISBURSEMENT OF MONEY FROM CIVIL REPARATIONS TRUST FUND

    361—4.1(68A) Notice of funds.  The executive council provides notice of availability of money in the civil reparations trust fund in the following ways:    4.1(1) Iowa Administrative Bulletin.  The executive council publishes notice of the balance in the fund in the Iowa Administrative Bulletin semiannually in January and July of each year and within 30 days of the deposit of any amount into the fund exceeding $10,000. If the deposit of an amount exceeding $10,000 would cause notice within 30 days of the deposit to be published in January or July, no additional publication is necessary.    4.1(2) First-class mail.  The executive council maintains a mailing list of those persons who wish to receive notice of the balance in the fund. Notice is sent semiannually in January and July of each year and within 30 days of the deposit of any amount into the fund exceeding $10,000 by first-class mail to all persons on the mailing list. If the deposit of an amount exceeding $10,000 would cause notice within 30 days of the deposit to be mailed in January or July, no additional mailing is necessary. Any person may be added to the mailing list on request.In the event that there is no money in the fund in January or July, no notice will be published or mailed.

    361—4.2(668A) Applications.      4.2(1)   The executive council will accept applications for money from the fund for a period of 30 days after notice has been published in the Iowa Administrative Bulletin or sent by first-class mail. Applications will not be accepted in advance of this time period.    4.2(2)   Application forms are available from and filed with the office of the state treasurer.    4.2(3)   An application is timely if it is postmarked on the thirtieth day after the date of publication in the Iowa Administrative Bulletin or on the thirtieth day after the date affixed to the notice sent by first-class mail, whichever is later. The executive council may accept applications submitted after this deadline only for good cause upon motion in writing.

    361—4.3(668A) Criteria.  In determining whether to grant an application for money from the fund, the executive council considers the following factors:    4.3(1)   The purpose for which the money will be utilized;    4.3(2)   The number of people who will be served by the money;    4.3(3)   The availability to the applicant of alternative sources of money;    4.3(4)   The degree to which the applicant legally used the money under any prior applications.

    361—4.4(668A) Disposition of applications.  The executive council determines the disposition of all pending applications and notifies all applicants of the decision by first-class mail. Notice of disposition is sent to all applicants on the same date.

    361—4.5(668A) Motion for reconsideration.  Any applicant who is aggrieved or adversely affected by the disposition of the applicant’s application may, within 15 days of the date affixed to the notice of disposition, file a motion for reconsideration in the office of the state treasurer. The motion is deemed filed when received and date-stamped by the treasurer.

    361—4.6(668A) Grounds.  The motion for reconsideration has to delineate the specific grounds for reconsideration. An applicant may request a contested case hearing; however, any request for a contested case hearing specifically delineates the facts in dispute to be contested and determined at the hearing.

    361—4.7(668A) Procedure.  The executive council rules on any pending motion for reconsideration, including a request for a contested case hearing. In the event that a request for a contested case hearing is granted, the proceeding is conducted as provided in X.5 of the Uniform Rules on Agency Procedure related to contested cases, which are published at www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf on the general assembly’s website. The burden of proof by a preponderance of the evidence rests with the requester to establish grounds for reconsideration. The office of the attorney general will defend the decision of the executive council.

    361—4.8(668A) Disbursement of money.  No money will be disbursed from the fund after disposition of all applications until the time period for filing a motion for reconsideration has expired. After the time period for filing a motion for reconsideration has expired but while a motion for reconsideration by any applicant is pending, the executive council in its discretion may disburse money from the fund to applicants who have not filed a motion for reconsideration. Money may be disbursed to applicants while a motion for reconsideration is pending only to the extent that resolution of any pending motion could not affect the disbursement of money to other applicants.

    361—4.9(668A) Administrative costs.  The costs of administering this fund, including any costs associated with the conduct of any contested case proceeding challenging the disbursement of money from the fund and costs for postage and copying, are billed to the fund after approval by the executive council.       These rules are intended to implement Iowa Code chapters 17A, 7D, and 668A.

        ITEM 2.    Rescind and reserve 361—Chapter 12.
    ARC 7191CExecutive Council[361]Notice of Intended Action

    Proposing rulemaking related to agency realignment and providing an opportunity for public comment

        The Executive Council hereby proposes to rescind Chapter 8, “Executive Branch Lobbyist Registration,” Chapter 9, “Executive Branch Personal Financial Disclosure Statement,” and Chapter 10, “Executive Branch Ethics Complaint Procedure,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Executive Order 10.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Executive Order 10.Purpose and Summary    This proposed rulemaking rescinds chapters for which the underlying statutory rulemaking authority no longer exists.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Council for a waiver of the discretionary provisions, if any, pursuant to Iowa Code section 17A.9A.Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Council no later than 4:30 p.m. on January 5, 2024. Comments should be directed to: Nate Ristow Governor’s Office, Iowa State Capitol 1007 East Grand Avenue Des Moines, Iowa 50319 Phone: 515.314.2998 Email: nate.ristow@governor.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 rulemaking 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Rescind and reserve 361—Chapter 8.

        ITEM 2.    Rescind and reserve 361—Chapter 9.

        ITEM 3.    Rescind and reserve 361—Chapter 10.
    ARC 7157CInspections and Appeals Department[481]Notice of Intended Action

    Proposing rulemaking related to home food processing establishments and providing an opportunity for public comment

        The Inspections and Appeals Department hereby proposes to rescind Chapter 34, “Home Food Processing Establishments,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 137D.2(8).State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapter 137D and 2023 Iowa Acts, House File 661 and Senate File 514.Purpose and Summary    This rulemaking proposing promulgation of new Chapter 34, “Home Food Processing Establishments,” implements Iowa Code chapter 137D and 2023 Iowa Acts, House File 661, in accordance with the goals and directives of Executive Order 10 (January 10, 2023). The proposed rulemaking administers Iowa Code section 137D.2 by establishing an application process and standards for payments, refunds, and reporting of gross sales. It also establishes basic standards to protect food from contamination and to protect the health of consumers, including standards related to:

  • The physical structure of the home food processing establishment, pest control, equipment, water supply, waste disposal and handling of toxic material;
  • Food handlers, including food safety hazard control, training, hygiene, and communicable disease prevention;
  • Food received by the establishment, storage of food in the establishment, and distribution of foods from the establishment;
  • Food protection, including temperature control, pH control, and water activity control;
  • Food labeling;
  • Sanitation of food contact surfaces and food processing areas; and
  • Record requirements intended to trace, identify, and remove from the market foods that pose an immediate public health risk.
  •     The rules also set forth the administrative process for enforcing Iowa Code chapter 137D and Chapter 34, including the process for inspections and the denial, suspension, or revocation of a license. The rules also revise the current definition of “homemade food item” to accommodate the change effected by 2023 Iowa Acts, House File 661.Fiscal Impact     This rulemaking does not have a fiscal impact to the State of Iowa in an amount requiring a fiscal impact statement pursuant to Iowa Code section 17A.4(4).Jobs Impact    After analysis and review of this rulemaking, the proposed chapter is believed to have either no impact or a positive impact on jobs through increased opportunity for self-employment. This rulemaking, in conjunction with the legislation being implemented (Iowa Code chapter 137D and 2023 Iowa Acts, House File 661), expands opportunities for sales of homemade food items through the home food processing establishment license.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking 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. Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 8, 2024. Comments should be directed to: Ashleigh Hackel Iowa Department of Inspections, Appeals, and Licensing 6200 Park Avenue, Suite 100 Des Moines, Iowa 50321 Email: ashleigh.hackel@dia.iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 3, 2024 9:30 to 10 a.m. 6200 Park Avenue, Suite 100 Des Moines, Iowa January 8, 2024 10 to 10:30 a.m. 6200 Park Avenue, Suite 100 Des Moines, Iowa     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Rescind 481—Chapter 34 and adopt the following new chapter in lieu thereof: CHAPTER 34HOME FOOD PROCESSING ESTABLISHMENTS

    481—34.1(137D) Definitions.  As used in this chapter, unless the context otherwise requires:        "Acidified foods" means low-acid foods to which an acid or high-acid food is added. Acidified foods have a water activity (aw) greater than 0.85 and have a finished equilibrium pH of 4.60 or below. These foods may be called or may purport to be “pickles” or “pickled.”        "Active water" "water activity" or “(aw)” means the measured free moisture in a food. The quotient of the water vapor pressure of the food divided by the vapor pressure of pure water at the same temperature provides the measured free moisture in the food.        "Adulterated" means the same as stated 21 U.S.C. Section 342 as amended to January 3, 2022.        "Allergen cross contact" means the unintentional incorporation of a food allergen into a food.        "Contractor" means a municipal corporation, county, or other political subdivision that contracts with the department to license and inspect under Iowa Code chapter 137D.         "Cross contamination" means the inadvertent transfer of bacteria or other contaminants from one surface, substance, etc., to another, especially because of unsanitary handling procedures.        "Demonstrate control" means the ability to provide clear and convincing evidence that a home food processing establishment has implemented written standard processes and practices that are intended to control food safety hazards including but not limited to standardized recipes, standard operating procedures, personal hygiene standards, temperature monitoring records, equipment calibration records, production or batch records, sanitation records, predefined corrective actions, training documents, distribution records, and receiving records.        "Department" means the same as defined in Iowa Code section 137D.1.        "Equilibrium pH" means the final pH measured in a food after all the components of the food have achieved the same acidity.        "Fermentation" means a metabolic process in which an organism converts a carbohydrate, such as starch or a sugar, into an alcohol or an acid. For example, yeast performs fermentation by converting sugar into alcohol. Bacteria perform fermentation by converting carbohydrates into lactic acid.        "Fish" means fresh or saltwater finfish, crustaceans, and other forms of aquatic life (including alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin and the roe of such animals) other than birds or mammals, and all mollusks, if such animal life is intended for human consumption.        "Food" means the same as defined in Iowa Code section 137D.1.        "Food contact surface" means a surface of equipment or utensil with which food normally comes into contact; or a surface of equipment or utensil from which food may drip, drain, or splash into a food or onto a surface normally in contact with food.        "Game animal" means an animal, the products of which are food, that is not classified as livestock, sheep, swine, goat, horse, mule, or other equine in 9 CFR 301.2 or as poultry or fish.
    1. “Game animal” includes mammals, such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles, such as land snakes.
    2. “Game animal” does not include ratites.
            "HACCP plan" means a written document that delineates the formal procedures for following the hazard analysis and critical control point principles developed by the National Advisory Committee on Microbiological Criteria for Foods.        "High-acid food" means a food that has an equilibrium pH of 4.60 or lower without the addition of an acid.        "Home food processing establishment" "establishment" means the same as “home food processing establishment” as defined in Iowa Code section 137D.1.        "Homemade food item" means the same as defined in Iowa Code section 137D.1. Homemade food items do not include the following:
    1. Unpasteurized fruit or vegetable juice;
    2. Raw sprout seeds;
    3. Foods containing game animals;
    4. Fish or shellfish;
    5. Alcoholic beverages;
    6. Bottled water;
    7. Packaged ice;
    8. Consumable hemp products;
    9. Food that will be further processed by a food processing plant or another home food processing establishment;
    10. Time/temperature control for safety food packaged using a reduced oxygen packaging method;
    11. Milk or milk products regulated under Iowa Code chapters 192 and 194;
    12. Meat or meat food products, and poultry or poultry products regulated under Iowa Code chapter 189A, except for any of the following products when sold directly to the end consumer:
    13. Poultry, poultry byproduct, or poultry food product if the producer raised the poultry pursuant to the exemption set forth in 9 CFR 381.10(c)(1) limiting the producer to slaughtering not more than one thousand poultry during the calendar year;
    14. Poultry, poultry byproduct, or poultry food product if the poultry is from an inspected source exempted pursuant to 9 CFR 381.10(d); or
    15. Meat, meat byproduct, or meat food product if the meat is from an inspected source exempted pursuant to 9 CFR 303.1(d); or
    16. A raw agricultural commodity. Other than raw bean or seed sprouts, raw agricultural commodities do not require a license issued by the department to sell and may be sold by home food processing establishments, although they are not homemade food items.
            "Low-acid canned food" means a thermally processed low-acid food packaged in a hermetically sealed container.        "Low-acid food" means any food, other than alcoholic beverages, with a pH greater than 4.60 and (aw) greater than 0.85.        "Major food allergen" means milk, egg, fish, crustacean shellfish (such as crab, lobster, or shrimp), tree nuts (such as almonds, pecans, or walnuts), wheat, peanuts, soybeans, and sesame; or a food ingredient that contains protein derived from these foods.        "Packaged" means bottled, canned, cartoned, bagged, or wrapped. “Packaged” does not include wrapped or placed in a carry-out container to protect the food during service or delivery to the consumer, by a food employee, upon consumer request.        "pH" means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. Values between 0 and 7 indicate acidity, and values between 7 and 14 indicate alkalinity. The value for pure distilled water is 7, which is considered neutral.        "Produce" means the same as defined in Iowa Code section 137D.1.        "Raw agricultural commodity" means the same as defined in 21 U.S.C. Section 321 as amended to April 1, 2023.        "Ready-to-eat food" means any food that is normally eaten in its raw state or any other food, including a processed food, for which it is reasonably foreseeable that the food will be eaten without further processing that would significantly minimize biological hazards.        "Recall" means an action taken when a food producer takes a product off the market because there is reason to believe the product may cause consumers to become ill.        "Reduced oxygen packaging" means reducing the amount of oxygen in a package by removing oxygen, displacing oxygen and replacing it with another gas or combination of gases, or otherwise controlling the oxygen content to a level below that normally found in the atmosphere (approximately 21 percent at sea level). Reduced oxygen packaging includes vacuum packaging, modified atmosphere packaging, controlled atmosphere packaging, cook chill packaging, and sous vide packaging.        "Shellfish"
    1. “Crustacean shellfish” means crab, lobster and shrimp.
    2. “Molluscan shellfish” means any edible species of oysters, clams, mussels, or scallops.
            "Special dietary use food" includes a food that contains an artificial sweetener, except when specifically and solely used for achieving a physical characteristic in the food that cannot be achieved with sugar or other nutritive sweetener or a food that is used for the following:
    1. Supplying particular dietary needs that exist by reason of a physical, physiological, pathological, or other condition including but not limited to the conditions of diseases, convalescence, pregnancy, lactation, allergic hypersensitivity to food, underweight, and overweight;
    2. Supplying particular dietary needs that exist by reason of age including but not limited to infancy and childhood; or
    3. Supplementing or fortifying the ordinary or usual diet with any vitamin, mineral, or other dietary property. Any such particular use of a food is a special dietary use, regardless of whether such food also purports to be or is represented for general use.
            "Sprouts" means seeds or beans used to grow sprouts that are harvested with their seed or root intact.        "Standardized recipe" means a recipe that has been tried, adapted, and retried several times for use by a given food service operation and has been found to produce the same good results and yield every time when the exact procedures are followed with the same type of equipment and same quantity and quality of ingredients. At a minimum, a standardized recipe includes the recipe name, listing of each ingredient, a measurement of each ingredient, equipment and utensils used, preparation instructions, and procedures to ensure the safety of the food.         "Time/temperature control for safety" "TCS" means a food that requires time and temperature control for safety to limit pathogenic microorganism growth or toxin formation. TCS food does not include foods that have an equilibrium pH less than 4.60 or (aw) content below 0.85. Examples of TCS foods include:
    1. Animal food that is raw or heat-treated.
    2. Plant food that is heat-treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes, or garlic-in-oil mixtures.
            "Traceback" means to determine and document the distribution and production chain and the source(s) of a product that has been implicated in a foodborne illness investigation.

    481—34.2(137D) Licensing.      34.2(1) Application for license.  A person shall not operate a home food processing establishment until a license has been obtained from the department or a contractor. Application for a license shall be made on a form furnished by the department containing the name of the business, name of the owner, physical address of the business, and list of all homemade food items the home food processing establishment intends to prepare. Applications for a license shall be completed using the department’s online application system at least 30 days prior to the anticipated opening of the home food processing establishment. If extenuating circumstances exist that prevent the applicant from completing the online application, paper applications are available from the department or a contractor.     34.2(2) Homemade food item disclosure.  Homemade food items not listed on the application shall not be sold or distributed. New homemade food items may be added to an application at any time using the online application system or by submission of a paper form to the department or a contractor.    34.2(3) Transferability.  A license is not transferable to a new owner or location. Any change in business ownership or business location requires a new license.    34.2(4) Refunds.  License fees are refundable only if the license is surrendered to the department or a contractor prior to the effective date of the license. License fees are not refundable for a new home food processing establishment if a record review has occurred.    34.2(5) Expiration and renewal.  A home food processing establishment license, unless sooner suspended or revoked, expires one year after the application for license is approved by the department or a contractor. A renewal should be submitted through the department’s online registration system with the required fee prior to expiration.    34.2(6) Renewal 60 days or more after expiration.  A delinquent license will only be renewed if application for renewal is made within 60 days of expiration. If a delinquent license is not renewed within 60 days, an establishment shall apply for a new license and meet all of the requirements for an initial license. An establishment that has not renewed the license within 60 days of expiration will be closed by the department or a contractor.    34.2(7) Documentation of gross sales.  The license holder shall maintain documentation of annual gross sales of homemade food items and provide it to the regulatory authority upon request. Documentation of gross sales includes at least one of the following and will be kept confidential:    a.    A copy of the establishment’s business tax return;    b.    Four quarters of gross sales of homemade food items;    c.    A letter from an independent tax preparer; or    d.    Other records documenting annual gross sales of homemade food items.    34.2(8) Returned payments.  The department or a contractor will attempt to redeem a payment submitted for an establishment that is not honored by the bank on which it is drafted and will notify the applicant of the need to provide sufficient payment. An additional fee of $25 will be assessed for each dishonored payment. If the department or a contractor does not receive payment, the establishment will be operating without a valid license.

    481—34.3(137D) Physical facilities and equipment.      34.3(1)   The floors, walls, ceilings, utensils, equipment, and supplies in the food processing and storage areas, and all vehicles used in the transportation of homemade food items, shall be maintained clean and in good repair.    34.3(2)   Outer openings shall be protected by tight-fitting doors, windows, or screens.    34.3(3)   Dogs, cats, or other pets and animals shall be excluded from entering food preparation areas when food is being processed or packaged.    34.3(4)   Persons unnecessary to the production of homemade food items are not allowed in food processing areas while homemade food items are exposed or being produced.    34.3(5)   Adequate lighting and ventilation shall be available in all areas where food is processed or stored.    34.3(6)   An establishment shall have an adequate supply of hot and cold potable water under pressure from an approved and safe source. In addition:    a.    There shall be no direct or indirect connection of safe and unsafe water;    b.    If the residence is not served by a public water system, the water shall be tested at least annually for nitrates and coliforms;    c.    In the event a water test shows coliforms are present or nitrates are at an unsafe level, the establishment shall cease operations and notify the regulatory authority. The establishment will not resume operations until approved by the regulatory authority; and    d.    If the establishment’s water source is under a water advisory indicating the water may be unsafe to consume, it shall not produce homemade food items until the advisory is lifted.    34.3(7)   There shall be a conveniently located sink in each food processing area that is maintained clean and accessible for handwashing during production and packaging and supplied with hot and cold running water, hand soap, and sanitary towels.    34.3(8)   An establishment shall have adequate equipment, such as a sink or dishwasher, to wash, rinse, and sanitize utensils.    34.3(9)   There shall be conveniently located toilet facilities, equipped with a handwashing sink supplied with hot and cold running water, hand soap and sanitary towels or a hand-drying device.    34.3(10)   All waste and wastewater produced by the establishment shall be disposed of in a sanitary manner in compliance with applicable laws. If the home food processing establishment has a waste backup, it shall cease operation and notify the regulatory authority. It will not resume preparation of homemade food items until approved by the regulatory authority.    34.3(11)   All garbage and refuse shall be kept in containers and removed from the premises regularly to eliminate insects and rodents, offensive odors, or other health hazards. Garbage and refuse containers shall be durable, easy to clean, insect- and rodent-resistant, and of material that neither leaks nor absorbs liquid.    34.3(12)   Food processing and storage areas shall be free of pests. Pesticides, if used, shall be approved for use in commercial food establishments, clearly labeled, and used as directed by the manufacturer.    34.3(13)   Hazardous chemicals or other toxic materials shall be stored, applied and used as directed by the manufacturer in a manner that protects food, equipment, and food contact surfaces from contamination.    34.3(14)   Refrigeration and hot holding equipment design and capacity shall be adequate to maintain safe temperature control, including safe cooling temperatures, to prevent cross contamination and allergen cross contact and protect food from other sources of contamination. Dedicated refrigeration or hot holding equipment may be required if shared equipment is inadequate to maintain food safety.    34.3(15)   All refrigeration and hot holding units shall be equipped with an accurate thermometer.    34.3(16)   Appropriate thermometers shall be used to accurately measure the internal temperature of food during processing, holding, and storage.    34.3(17)   All food contact surfaces shall be intended for use with food, made of safe materials, easy to clean, smooth, durable, nonabsorbent, and noncorrosive.

    481—34.4(137D) Management and personnel.      34.4(1) Person in charge.  There shall be a person in charge of operations during all hours of food processing who has a thorough understanding of food safety principles and is able to demonstrate control over food safety hazards, including:    a.    Time/temperature controls for cooking, hot holding, cooling, cold holding, and reheating foods;    b.    Cross contamination during storage and preparation;    c.    Major food allergens and allergen cross contact;    d.    Sanitation of food contact surfaces;    e.    Food handling, hygienic practices, and communicable diseases;    f.    Receiving and distribution; and    g.    If applicable, pH and (aw).    34.4(2) Food safety training.  The person in charge shall attend a food safety training course approved by the department and provide proof of attendance prior to the issuance of a home food processing establishment license.    34.4(3) Exclusions from handling food.  A food handler shall be excluded from handling food, utensils, or packaging materials if the food handler:    a.    Is diagnosed with a communicable or contagious disease that can be transmitted through food;    b.    Has experienced diarrhea or vomiting in the past 24 hours;    c.    Is jaundiced;    d.    Has a sore throat with a fever; or    e.    Has exposed sores or infected wounds on the food handler’s hands or arms.    34.4(4) Hygienic practices.      a.    A food handler must keep the food handler’s person and clothing clean and hair effectively restrained and wash the food handler’s hands as often as necessary to protect food and food contact surfaces from contamination.    b.    Ready-to-eat foods must not be handled with bare hands.    c.    Eating, drinking, and use of tobacco is not permitted in food processing areas while homemade food items are exposed or being produced.

    481—34.5(137D) Receiving, storage, and distribution.      34.5(1) Receiving.  All foods and ingredients shall be obtained from an approved source and have been produced in compliance with applicable law. Honey from an unlicensed establishment and eggs from the establishment’s own flock may be used in the preparation of homemade food items. All food shall be received in sound condition; at safe temperatures; free from spoilage, filth, or other contamination; unadulterated; and safe for human consumption.    34.5(2) Storage.  Food storage areas shall be clean and located in an area that protects the food from contamination at all times. All food products shall be stored off of the floor. If removed from the original container, foods shall be stored in labeled and closed containers that are of a material that will not cause the food to become adulterated.    34.5(3) Distribution.      a.    Foods containing raw or undercooked foods of animal origin will not be sold or distributed in a ready-to-eat form.    b.    Foods produced in a home food processing establishment shall not be distributed for further processing by a food processing plant or another home food processing establishment.    c.    Time/temperature control for safety homemade food items shall be maintained at safe temperatures during shipping and transportation to an end consumer, a mobile food unit, a farmers market food establishment, or a temporary food establishment operated by the same owner as the home food processing establishment.    d.    Time/temperature control for safety homemade food items sold or distributed to other businesses for resale shall be maintained at or below 41°F during shipping and transportation.    e.    No one may produce, distribute, offer for sale, or provide adulterated food to the public. Adulterated food shall be disposed of in a reasonable manner approved by the department.

    481—34.6(137D) Food preparation and protection.      34.6(1) Food protection.  Foods shall be processed, stored, and distributed in a manner that protects food from contamination, including cross contamination from the environment, and allergen cross contact.     34.6(2) Cooking.  All animal foods or foods containing animal products, if cooked, shall be cooked to an internal temperature sufficient to destroy organisms that are injurious to health. Homemade food items shall not contain raw or undercooked animal foods except for packaged raw meat or poultry items labeled with safe handling instructions informing the consumer how to safely store, prepare, and handle raw meat and poultry products in the home.    34.6(3) Holding.  All time/temperature control for safety foods shall be held at an internal temperature of 41°F or less or 135°F or higher to control bacterial growth or toxin formation.    34.6(4) Cooling.      a.    Time/temperature control for safety foods that have been heat-treated shall be cooled from 135°F to 70°F within two hours and from 70°F to 41°F within an additional four hours. Total cooling time shall not exceed six hours.    b.    Time/temperature control for safety foods prepared with ingredients above 41°F shall be cooled to 41°F or below within four hours from the beginning of preparation.    34.6(5) Reheating.      a.    Homemade food items that are time/temperature control for safety and have been previously heated and cooled shall be reheated to an internal temperature of 165°F within two hours or less.    b.    Commercially processed time/temperature control for safety foods shall be reheated to 135°F within two hours or less.    34.6(6) Preparation methods.      a.    High-acid foods that are produced and sold by the establishment and that are controlled by pH, such as barbeque sauce, condiments, and dressings, may be produced as homemade food items if:    (1)   The product has been produced following a standardized recipe;    (2)   The product does not contain more than 10 percent low-acid food ingredients by weight;    (3)   The product recipe, including the name and weight of each ingredient, is submitted and approved by the regulatory authority;    (4)   The product’s equilibrium pH of each batch is tested with a calibrated pH tester designed for use with food. The pH shall be below 4.60, and the pH value shall be recorded on a production or batch record; and    (5)   The product is adequately heated to destroy spoilage organisms.    b.    Dried foods that are produced and sold under the home food processing establishment license that are controlled by (aw), such as dehydrated or freeze-dried food may be produced as a homemade food item if:    (1)   The products have been produced following a standardized recipe;    (2)   The homemade food items do not contain raw or undercooked foods of animal origin; and    (3)   Each batch is tested for (aw) or the standardized written procedure for each homemade food item has been validated to ensure the final product is at or below 0.85 (aw).    c.    Jams, jellies, preserves, and fruit butters that are produced and sold under the home food processing establishment license shall meet the standard of identity specified in 21 CFR Part 150 as amended to April 1, 2023, and be produced following a standardized recipe. The home food processing establishment shall provide documentation, such as an analysis from an accredited food laboratory, that a product meets the standard of identity when requested by the regulatory authority.    d.    Nonstandardized fruit jellies shall be produced following a standardized recipe and made with 45 parts of fruit to 55 parts of sugar and concentrated to 65 percent soluble solids. The home food processing establishment shall provide documentation, such as an analysis from an accredited food laboratory, that a product meets this requirement when requested by the regulatory authority.    e.    Nonstandardized nonfruit jellies shall be produced following a standardized recipe and shall have a soluble solids content of 65 percent. The home food processing establishment shall provide documentation, such as an analysis from an accredited food laboratory, that a product meets this requirement when requested by the regulatory authority.    f.    Standardized sweeteners and table syrups shall meet the standard of identity specified in 21 CFR Part 168 as amended to April 1, 2023. The home food processing establishment shall provide documentation that a product meets this requirement when requested by the regulatory authority.    g.    A home food processing establishment that wishes to prepare foods using fermentation shall submit an HACCP plan to the department that has been validated by a recognized process authority, such as those provided on the department’s website. A home food processing establishment shall not ferment food until the department has approved the HACCP plan.    h.    A home food processing establishment shall not engage in the following processes to produce homemade food items:    (1)   Low-acid canning (e.g., canned vegetables);    (2)   Acidification to produce shelf-stable acidified foods (e.g., salsa, pickled vegetables, hot sauce);    (3)   Curing (e.g., bacon, jerky, meat sticks); or    (4)   Smoking food for preservation rather than flavor enhancement.

    481—34.7(137D) Packaging and labeling requirements.      34.7(1) Legible labels.  All required labeling information shall be legible and in a location that is easily identifiable by the consumer.    34.7(2) Labels and packaging on homemade food items, exception.  A homemade food item shall be packaged in the home food processing establishment, and all required labeling shall be affixed to the homemade food item before it is delivered to the consumer, with the exception of a homemade food item picked up by the consumer in person at the home food processing establishment. In the case of the exception, the homemade food item shall still be protected from contamination and all required labeling information shall be provided to the consumer.    34.7(3) Raw meat and poultry products.  Packaged homemade food items that contain raw meat or poultry shall be labeled with safe handling instructions informing the consumer how to safely store, prepare, and handle raw meat and poultry products in the home.    34.7(4) Expiration date.  Refrigerated time/temperature control for safety homemade food items that are ready-to-eat foods shall be labeled with an expiration date not to exceed seven days from the date of preparation, and the date of preparation is counted as day one. Time/temperature control for safety homemade food items may be labeled with an expiration date that exceeds seven days if the expiration date has been determined to be safe by an accredited food science institution and documentation is provided to the regulatory authority upon request.    34.7(5) Contents.      a.    Homemade food items will be identified as required by Iowa Code section 137D.2(7).     b.    Labels or other marketing materials associated with homemade food items must be truthful and not misleading.    c.    Claims on labels or other marketing materials associated with homemade food items that are related to the following must conform to the United States Food and Drug Administration’s (FDA’s) Food Labeling Guide (January 2013). A link to the labeling guide may be found on the department’s website or on the FDA’s website.    (1)   Health claims;    (2)   Qualified health claims;    (3)   Nutrient content claims (e.g., low sodium, high fiber, low fat, sugar free); or    (4)   Structure/function claims.    d.    Homemade food items labeled or marketed as a special dietary use food will conform to 21 CFR Part 105 as amended to April 1, 2023. The home food processing establishment shall provide documentation, such as a nutritional analysis by an accredited food laboratory, to the regulatory authority upon request.    e.    Labels or other marketing materials shall not contain any claims that the homemade food item can be used in the diagnosis, cure, mitigation, treatment, or prevention of disease.

    481—34.8(137D) Sanitation.      34.8(1)   There shall be sufficient means to clean, rinse, and sanitize all multi-use food contact surfaces. Cleaners and sanitizers used for these purposes shall be intended and approved for use in a commercial food establishment.    34.8(2)   All food contact surfaces shall be clean to sight and touch when not in use.    34.8(3)   All food contact surfaces shall be cleaned and sanitized:    a.    Between each use;    b.    At least every four hours if under continuous use to control microbial growth;    c.    At a frequency necessary to prevent cross contamination; and    d.    At a frequency necessary to prevent allergen cross contact.    34.8(4)   If chemical sanitizers are used, they shall be used according to the manufacturer directions for use, and a means shall be provided for testing the proper level of chemical concentration, such as test strips designed specifically for the chemical being used.    34.8(5)   Food processing, handling, and storage areas shall be neat; clean; and free from excessive accumulation of product, dust, trash, and unnecessary articles.

    481—34.9(137D) Maintenance of records by licensee.      34.9(1)   An establishment shall maintain standardized recipes for each homemade food item.    34.9(2)   An establishment shall maintain production or batch records, including, at a minimum, product name, date of production, and date of packaging, with the exception of made-to-order food.    34.9(3)   An establishment shall maintain records of foods received as ingredients, including, at a minimum, the name and address of the supplier, name of the ingredient, and date received. A receipt of purchase is a sufficient record if it contains all of the required information.    34.9(4)   An establishment shall maintain distribution records of all homemade food items that are distributed for resale, including the product name, the name and address of the business where the homemade food items were distributed, the date distributed, the quantity distributed, and the date the homemade food item was produced.    34.9(5)   An establishment not served by a public water system shall maintain records of annual water tests.    34.9(6)   An establishment, if it produces homemade food items that require food safety parameters to be monitored throughout production, such as temperature, pH, or (aw), shall use testing instruments as directed by the manufacturer and calibrated for accuracy according to the manufacturer’s instructions. Monitoring results shall be documented as part of the batch record.    34.9(7)   An establishment shall maintain all required records for a minimum of six months. All required records shall be made available for official review or copying upon request by the regulatory authority.

    481—34.10(137D) Violations and enforcement.      34.10(1)   All violations shall be corrected within a time frame not to exceed 90 days. The license holder shall make a written report to the regulatory authority, stating the action taken to correct the violation, within five days of correction.     34.10(2)   An establishment that violates this chapter or Iowa Code chapter 137D is subject to a civil penalty as set forth in Iowa Code chapter 137D.    34.10(3)   The department may employ various remedies in response to violations, including but not limited to civil penalty; suspending or revoking the license; injunction; or embargo, stop-sale, or recall orders.

    481—34.11(137D) Denial, suspension, or revocation of license.      34.11(1) Denial, suspension, or revocation of a license.  Denial, suspension, or revocation of a license is effective 30 days after mailing or personal service of the notice. The department may suspend or revoke a license as set forth in Iowa Code section 137D.8. A certified copy of a final order or judgment of conviction or plea of guilty is conclusive evidence of a conviction.A deferred judgment, until discharged, is a conviction for purposes of this rule.    34.11(2) Immediate suspension of license.  To the extent not inconsistent with Iowa Code chapters 17A and 137D and rules adopted pursuant to those chapters, the department or a contractor may immediately suspend a license in cases of an imminent health hazard, as defined by chapter 8 of the 2017 FDA Food Code (the “food code”). The procedures of Iowa Code section 17A.18A and chapter 8 of the food code shall be followed in cases of an imminent health hazard.

    481—34.12(137D) Inspection and access to records.      34.12(1)   Home food processing establishments will be periodically inspected based on a risk assessment basis, either in person or virtually using video technology.    34.12(2)   The regulatory authority may enter a food processing establishment at any reasonable hour to make an inspection. The regulatory authority will inspect only those areas related to preparing or storing food for sale. The manager or person in charge of the establishment shall afford free access to records and every part of the premises where homemade food items and ingredients are stored or prepared and render all aid and assistance necessary to enable the regulatory authority to make a thorough and complete inspection.

    481—34.13(137D) Public examination of records.      34.13(1) Public information.  Information collected by the department and contractors is public information unless otherwise provided for by law. Records are stored in computer files and are not matched with any other data system. Inspection reports are available for public viewing at iowa.safefoodinspection.com.     34.13(2) Confidential information.      a.    The following are examples of confidential records:    (1)   Trade secrets and proprietary information, including items such as formulations, standardized recipes, processes, policies and procedures, and customer lists;    (2)   Health information related to foodborne illness complaints and outbreaks;    (3)   The name or any identifying information of a person who files a complaint with the department; and    (4)   Other state or federal agencies’ records.    b.    A party claiming that information submitted to the department contains trade secrets or proprietary information should clearly mark those portions of the submission as confidential/trade secret.    34.13(3) Other agencies’ records.  Requests for records of other state or federal agencies will be referred to the appropriate agency.

    481—34.14(137D) Appeals.  An establishment may contest adverse action taken pursuant to this chapter by submitting a request for hearing to the department within 30 days of the mailing or service of the department’s action. Appeals and hearings are governed by 481—Chapter 9. For contractors, license holders shall have the opportunity for a hearing before the local board of health. If the hearing is conducted before the local board of health, the license holder may appeal to the department and shall follow the process for review in rule 481—9.3(10A,17A).        These rules are intended to implement Iowa Code chapter 137D.
    ARC 7142CLabor Services Division[875]Notice of Intended Action

    Proposing rulemaking related to child labor and providing an opportunity for public comment

        The Labor Commissioner hereby proposes to amend Chapter 32, “Child Labor,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 92.21 as enacted by 2023 Iowa Acts, Senate File 542.State or Federal Law Implemented    This rulemaking implements, in whole or in part, 2023 Iowa Acts, Senate File 542.Purpose and Summary    This proposed rulemaking amends Chapter 32 to conform with 2023 Iowa Acts, Senate File 542, which was effective July 1, 2023, and codified in Iowa Code chapter 92, and to conform with 2023 Iowa Acts, Senate File 514, which was effective July 1, 2023.    The proposed amendments:

    1. Eliminate rules related to work permits.
    2. Change work hours allowed.
    3. Eliminate rules related to hazardous activities such as motor vehicle driver and helper, industrial laundering, loading balers, working in explosives plants, working in freezers, and preparing meats for sale.
    4. Add allowed tasks, including activities for 15-year-olds that previously did not exist (using hazardous chemicals, loading balers, and selling fireworks).
    5. Add a safety provision for new allowed tasks, including conditions for using hazardous chemicals and conditions for doing industrial laundering.
    6. Add definitions and waiver procedures for new allowed work for 15-year-olds.
    7. Amend the rules to forbid activities rather than occupations.
    8. Replace references to the Division of Labor and its Commissioner with references to the Department of Inspections, Appeals, and Licensing and its Director.
    9. Eliminate categories that no longer exist, such as street trades.
    Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department of Inspections, Appeals, and Licensing for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 2, 2024. Comments should be directed to: Mitchell Mahan Department of Inspections, Appeals, and Licensing 6200 Park Avenue Des Moines, Iowa 50321 Email: mitchell.mahan@dia.iowa.gov Public Hearing    If requested, a public hearing at which persons may present their views orally or in writing will be held as follows: January 3, 2024 9 to 9:30 a.m. Room 126 6200 Park Avenue Des Moines, Iowa Dial: 312.626.6799 Meeting ID number: 813 6327 9319 Passcode: 590253     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 rulemaking.     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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Adopt the following new definition of “Director” in rule 875—32.1(92):        "Director" means the director of the department of inspections, appeals, and licensing or the director’s designee.

        ITEM 2.    Amend rule 875—32.1(92), definitions of “Filing date” and “Occupation or business operated by the child’s parents,” as follows:        "Filing date" means the date a document is postmarked by the U.S. Postal Service, if the document is filed by mailing and the U.S. postmark is legible. For a document filed via facsimile transmission, “filing date” means the date the document is transmitted. For any other document, “filing date” means the date the document is received by the labor commissionerdirector.        "Occupation or business operatedOperated by the child’s parents," as used in Iowa Code section 92.17(4)92.17(3), means a business operated by the child’s parent where the parentor licensed foster parent who has control of the day-to-day operation of the business and is on the premises during the hours of the child’s employment.

        ITEM 3.    Rescind the definitions of “Migrant labor permit,” “Other work,” “Part-time,” “Street trade,” “Street trades permit” and “Work permit” in rule 875—32.1(92).

        ITEM 4.    Amend rule 875—32.1(92), implementation sentence, as follows:       This rule is intended to implement Iowa Code chapter 92 as amended by 2019 Iowa Acts, Senate File 337.

        ITEM 5.    Rescind and reserve rule 875—32.2(92).

        ITEM 6.    Adopt the following new rule 875—32.5(92):

    875—32.5(92) Terms.  The terms used in Iowa Code section 92.5 are defined and applied as specified in this rule.    32.5(1) Cleaning products that require personal protective equipment.  Prior to allowing a 14- or 15-year-old to use cleaning products that require personal protective equipment, the employer shall submit to the director the following:    a.    The safety data sheets of all such chemicals the minor will use.    b.    What personal protective equipment the minor will be using with each chemical that requires it.     c.    Proof of training the minor on the use of the required personal protective equipment.    32.5(2) Definitions.          "Car cleaning, washing, and polishing" as used in Iowa Code section 92.5(9) does not include using chemicals that recommend personal protective equipment.        "Laundering" as used in Iowa Code section 92.5(12) as enacted by 2023 Iowa Acts, Senate File 542, section 3, includes laundering with residential-style machines and includes laundromats. It includes industrial laundering on the following conditions:
    1. A parent or guardian gives written permission for the minor to do industrial laundering, to be kept on file by the employer.
    2. The minor is not exposed to any chemicals that recommend personal protective equipment.
    3. The employer shall provide nonslip shoes.
    4. The employer shall provide training on bloodborne pathogens.
    5. The minor shall lift loads of no more than 30 pounds.
            "Light tools" as used in Iowa Code section 92.5(11) as enacted by 2023 Iowa Acts, Senate File 542, section 3, includes the listed tools that are up to 30 pounds.
           This rule is intended to implement Iowa Code section 92.5.

        ITEM 7.    Adopt the following new rule 875—32.6(92):

    875—32.6(92) Terms.  The terms used in Iowa Code section 92.6A as enacted by 2023 Iowa Acts, Senate File 542, section 5, are defined and applied as specified in this rule.        "Light assembly work" means assembling with nonpower hand tools and does not include welding.        "Properly licensed" means a minor who holds a current license from the National Pool and Waterpark Lifeguard Training program in one of the following programs:
    1. National Pool and Waterpark Pool Lifeguard.
    2. National Pool and Waterpark Lifeguard Training.
    3. National Pool and Waterpark Deep Water Lifeguard.
    If there is a question whether a specific training course meets the requirements of these rules, information about the course should be submitted to the director for evaluation.
        32.6(1) Waiver of weight limitation.  An employer may submit an application for waiver to allow a 15-year-old person to load, unload, or lift up to 50 pounds for work allowed under Iowa Code section 92.6A(1) as enacted by 2023 Iowa Acts, Senate File 542, section 5. The application shall include information required by the director in an application form. The application shall be signed by the employer, the minor employee, and a parent or guardian. The application shall include documentation from a physician or physician’s assistant that the minor is physically capable of this work activity.    32.6(2) Waiver to unload lawn machines.  An employer may submit an application for waiver to allow a 15-year-old person to unload lawn machines under Iowa Code section 92.6A(3) as enacted by 2023 Iowa Acts, Senate File 542, section 5. The application shall include information required by the director in an application form. The application shall be signed by the employer, the minor, and a parent or guardian. The application shall include documentation from a physician or physician’s assistant that the minor is physically capable of this work activity.       This rule is intended to implement Iowa Code section 92.6A as enacted by 2023 Iowa Acts, Senate File 542, section 5.

        ITEM 8.    Amend subrule 32.8(1) as follows:    32.8(1) OccupationsWork activities in or about plants or establishments manufacturing or storing explosives or articles containing explosive components”  means:    a.    All occupationsactivities in or about any plant or establishment (other than retail establishments or plants or establishments of the type described in subruleparagraph “b.) manufacturing or storing explosives or articles containing explosive components except where the occupation isactivities are performed in a “nonexplosive area.”    b.    The following occupationsactivities in or about any plant or establishment manufacturing or storing small-arms ammunition not exceeding .60 caliber in size, shotgun shells, or blasting caps when manufactured or stored in conjunction with the manufacture of small-arms ammunition:    (1)   All occupationsactivities involved in the manufacturing, mixing, transporting, or handling of explosive compounds in the manufacture of small-arms ammunition and all other occupationsactivities requiring the performance of any duties in the explosives area in which explosive compounds are manufactured or mixed.    (2)   All occupationsactivities involved in the manufacturing, transporting, or handling of primers and all other occupationsactivities requiring the performance of any duties in the same building in which primers are manufactured.    (3)   All occupationsactivities involved in the priming of cartridges and all other occupationsactivities requiring the performance of any duties in the same workroom in which rim-fire cartridges are primed.    (4)   All occupationsactivities involved in the plate loading of cartridges and in the operation of automatic loading machines.    (5)   All occupationsactivities involved in the loading, inspecting, packing, shipping and storage of blasting caps.    c.    Definitions.        "Explosives" and “articles containing explosive components” means and includes ammunition, black powder, blasting caps, fireworks, high explosives, primers, smokeless powder, and all goods classified and defined as explosives by the Interstate Commerce Commission in regulations for the transportation of explosives and other dangerous substances by common carriers (49 CFR Parts 71-78, in effect July 1, 1987).        "Nonexplosive area" means an area where none of the work performed in the area involves the handling or use of explosives; the area is separated from the explosives area by a distance not less than that prescribed in the American Table of Distances for the protection of inhabited buildings; the area is separated from the explosives area by a fence or is otherwise located so that it constitutes a definite designated area; and satisfactory controls have been established to prevent employees under 18 years of age within the area from entering any area in or about the plant which does not meet the criteria of this definition.        "Plant or establishment manufacturing or storing explosives or articles containing explosive components" means the land with all the buildings and other structures thereon used in connection with the manufacturing or processing or storing of explosives or articles containing explosive components.       This subrule is intended to implement Iowa Code section 92.8(1).Nothing in this subrule shall be construed to prohibit light assembly work that is away from machines, and nothing in this subrule shall be construed to prohibit selling or assisting in the sale of consumer fireworks in accordance with Iowa Code section 100.19.

        ITEM 9.    Rescind subrule 32.8(2).

        ITEM 10.    Renumber subrules 32.8(3) to 32.8(21) as 32.8(2) to 32.8(20).

        ITEM 11.    Amend renumbered subrule 32.8(2) as follows:    32.8(2) Occupations involved in logging occupations and occupations inLogging and the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill”  means all occupationsrelated activities with the following exceptions:    a.    Exceptions applying to logging:    (1)   Work in offices or in repair or maintenance shops.    (2)   Work in the construction, operation, repair or maintenance of living and administrative quarters or logging camps.    (3)   Work in timber cruising, surveying, or logging-engineering parties; work in the repair or maintenance of roads, railroads, or flumes; work in forest protection, such as clearing fire trails or roads, piling and burning slash, maintaining firefighting equipment, constructing and maintaining telephone lines, or acting as fire lookout or fire patrol person away from the actual logging operations. This exception shall not apply to the felling or bucking of timber, the collecting or transporting of logs, the operation of power-driven machinery, the handling or use of explosives, and work on trestles.    (4)   Peeling of fence posts, pulpwood, chemical wood, excelsior wood, cordwood, or similar products, when not done in conjunction with and at the same time and place as other logging occupationsactivities prohibited by this subrule.    (5)   Work in the feeding or care of animals.    b.    Exceptions applying to the operation of any permanent sawmill or the operation of any lath mill, shingle mill, or cooperage-stock mill:    (1)   Work in offices or in repair or maintenance shops.    (2)   Straightening, marking, or tallying lumber on the dry chain or the dry drop sorter.    (3)   Pulling lumber from the dry chain.    (4)   Cleanup in the lumberyard.    (5)   Piling, handling, or shipping of cooperage stock in yards or storage sheds, other than operating or assisting in the operation of power-driven equipment.    (6)   Clerical work in yards or shipping sheds, such as done by order persons, tally persons, and shipping clerks.    (7)   Cleanup work outside shake and shingle mills, except when the mill is in operation.    (8)   Splitting shakes manually from precut and split blocks with a froe and mallet, except inside the mill building or cover.    (9)   Packing shakes into bundles when done in conjunction with splitting shakes manually with a froe and mallet, except inside the mill building or cover.    (10)   Manual loading of bundles of shingles or shakes into trucks or railroad cars, provided that the employer has on file a statement from a licensed doctor of medicine or osteopathy certifying the minor capable of performing this work without injury. The exceptions in paragraph “b,” subparagraphs (1) to (10), do not apply to a portable sawmill the lumberyard of which is used only for the temporary storage of green lumber and in connection with which no office or repair or maintenance shop is ordinarily maintained and work which entails entering the sawmill building.Definitions.        "All occupations in loggingLogging" means all work performed in connection with the felling of timbers; the bucking or converting of timber into logs, poles, piles, ties, bolts, pulpwood, chemical wood, excelsior wood, cordwood, fence posts, or similar products; the collecting, skidding, yarding, loading, transporting and unloading of these products in connection with logging; the constructing, repairing and maintaining of roads, railroads, flumes, or camps used in connection with logging; the moving, installing, rigging, and maintenance of machinery or equipment used in logging; and other work performed in connection with logging. The term shall not apply to work performed in timber culture, timber-stand improvement, or in emergency firefighting.        "All occupationsactivities in the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill" means all work performed in or about any mill in connection with storing of logs and bolts; converting logs or bolts into sawn lumber, laths, shingles, or cooperage stock; storing, drying, and shipping lumber, laths, shingles, cooperage stock, or other products of the mills and other work performed in connection with the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill. The term shall not include work performed in the planing-mill department or other remanufacturing departments of any sawmill, or in any planing mill or remanufacturing plant not a part of a sawmill.       This subrule is intended to implement Iowa Code section 92.8(3)92.8(2).

        ITEM 12.    Amend renumbered subrule 32.8(3), introductory paragraph, as follows:    32.8(3) Occupations involved in the operationOperation of power-driven woodworking machines”  means operating power-driven woodworking machines including supervision or controlling the operation of the machines, feeding material into the machines, and helping the operator to feed material into the machines, but not including the placing of material on a moving chain or in a hopper or slide for automatic feeding. Also included are occupationsactivities of setting up, adjusting, repairing, oiling or cleaning power-driven woodworking machines and the operations of off-bearing from circular saws and from guillotine-action veneer clippers.

        ITEM 13.    Amend renumbered subrule 32.8(3), implementation sentence, as follows:       This subrule is intended to implement Iowa Code section 92.8(4)92.8(3).

        ITEM 14.    Amend renumbered subrule 32.8(4), introductory paragraph, as follows:    32.8(4) OccupationsWork activities involving exposure to radioactive substances and to ionizing radiations”  means occupationactivity in any workroom in which radium is stored or used in the manufacture of self-luminous compound; self-luminous compound is made, processed or packaged; self-luminous compound is stored, used or worked upon; incandescent mantles are made from fabric and solutions containing thorium salts, or are processed or packaged; and other radioactive substances are present in the air in average concentrations exceeding 10 percent of the maximum permissible concentrations in the air recommended for occupational exposure by the National Committee on Radiation Protection, as set forth in the 40-hour week column of Table One of the National Bureau of Standards Handbook No. 69 entitled “Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure,” June 5, 1959.

        ITEM 15.    Amend renumbered subrule 32.8(4), implementation sentence, as follows:       This subrule is intended to implement Iowa Code section 92.8(5)92.8(4).

        ITEM 16.    Amend renumbered subrule 32.8(5) as follows:    32.8(5) Occupations involved in the operationOperation of elevators and other power-driven hoisting apparatus”  means:    a.    Work of operating an elevator, crane, derrick, hoist, or high-lift truck, except operating an unattended automatic operation passenger elevator or an electric or air-operated hoist not exceeding one-ton capacity.    b.    Work which involves riding on a manlift or on a freight elevator, except a freight elevator operated by an assigned operator.    c.    Work of assisting in the operation of a crane, derrick or hoist performed by crane hookers, crane chasers, hookers-on, riggers, rigger helpers, and like occupationsactivities.    d.    Exception. Iowa Code section 92.8(6)92.8(5) shall not prohibit the operation of an automatic elevator and an automatic signal operation elevator provided that the exposed portion of the car interior (exclusive of vents and other necessary small openings), the car door and the hoistway doors are constructed of solid surfaces without any opening through which a part of the body may extend; all hoistway openings at floor level have doors which are interlocked with the car door so as to prevent the car from starting until all doors are closed and locked; the elevator (other than hydraulic elevators) is equipped with a device which will stop and hold the car in case of overspeed or if the cable slackens or breaks; and the elevator is equipped with upper and lower travel limit devices which will normally bring the car to rest at either terminal and a final limit switch which will prevent the movement in either direction and will open in case of excessive over-travel by the car.    e.    Definitions.        "Automatic elevator" means any passenger elevator, a freight elevator or a combination passenger-freight elevator, the operation of which is controlled by push buttons in a manner that the starting, going to the landing selected, leveling and holding, and the opening and closing of the car and hoistway doors are entirely automatic.        "Automatic signal operation elevator" means an elevator which is started in response to the operation of a switch (such as a lever or push button) in the car which when operated by the operator actuates a starting device that automatically closes the car and hoistway doors—from this point on, the movement of the car to the landing selected, leveling and holding when it gets there, and the opening of the car and hoistway doors are entirely automatic.        "Crane" means any power-driven machine for lifting and lowering a load and moving it horizontally, in which the hoisting mechanism is an integral part of the machine. The term shall include all types of cranes, such as cantilever gantry, crawler, gantry, hammerhead, ingot pouring, jib, locomotive, motor truck, overhead traveling, pillar jib, pintle, portal, semigantry, semiportal, storage bridge, tower, walking jib, and wall cranes.        "Derrick" means any power-driven apparatus consisting of a mast or equivalent members held at the top by guys or braces, with or without a boom, for use with a hoisting mechanism or operating ropes. The term shall include all types of derricks, such as A-frame, breast, Chicago boom, gin-pole, guy and stiff-leg derrick.        "Elevator" means any power-driven hoisting or lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction. The term shall include both passenger and freight elevators, (including portable elevators or tiering machines), but shall not include dumbwaiters.        "High-lift truck" means any power-driven industrial type of truck used for lateral transportation that is equipped with a power-operated lifting device usually in the form of a fork or platform capable of tiering loaded pallets or skids one above the other. Instead of a fork or platform, the lifting device may consist of a ram, scoop, shovel, crane, revolving fork, or other attachments for handling specific loads. The term shall mean and include high-lift trucks known as fork lifts, fork trucks, fork-lift trucks, tiering trucks, or stacking trucks, but shall not mean low-lift trucks or low-lift platform trucks that are designed for the transportation of, but not the tiering of, material.        "Hoist" means any power-driven apparatus for raising or lowering a load by the application of a pulling force that does not include a car or platform running in guides. The term includes all types of hoists, such as base-mounted electric, clevis suspension, hook suspension, monorail, overhead electric, simple drum and trolley suspension hoists.“Manlift” means any device intended for the conveyance of persons which consists of platforms or brackets mounted on, or attached to, an endless belt, cable, chain or similar method of suspension; the belt, cable or chain operating in a substantially vertical direction and being supported by and driven through pulleys, sheaves or sprockets at the top and bottom.       This subrule is intended to implement Iowa Code section 92.8(6)92.8(5).

        ITEM 17.    Amend renumbered subrule 32.8(6), introductory paragraph, as follows:    32.8(6) Occupations involved in the operationOperation of power-driven metal forming, punching and shearing machines”  means occupations ofbeing the operator of or helper on the following power-driven metal forming, punching, and shearing machines.

        ITEM 18.    Amend renumbered subrule 32.8(6), implementation sentence, as follows:       This subrule is intended to implement Iowa Code section 92.8(7)92.8(6).

        ITEM 19.    Amend renumbered subrule 32.8(7) as follows:    32.8(7) Occupations in connection with miningMining”  means all work performed underground in mines and quarries; underground working, open-pit, or surface part of any coal-mining plant that contribute to the extraction, grading, cleaning, or other handling of coal; on the surface at underground mines and underground quarries; in or about open-cut mines, open quarries, clay pits, and sand and gravel operations; at or about placer mining operations; at or about dredging operations for clay, sand or gravel; at or about bore-hole mining operations; in or about all metal mills, washer plants, or grinding mills reducing the bulk of the extracted minerals; and at or about any other crushing, grinding, screening, sizing, washing or cleaning operations performed upon the extracted minerals except where the operations are performed as a part of a manufacturing process.The term “occupations in connection with mining” shall not include:     a.    Work performed in subsequent manufacturing or processing operations, such as work performed in smelters, electro-metallurgical plants, refineries, reduction plants, cement mills, plants where quarried stone is cut, sanded and further processed, or plants manufacturing clay, glass or ceramic products.    b.    Work performed in connection with petroleum production, in natural gas production, or in dredging operations which are not a part of mining operations, such as dredging for construction or navigation purposes.    c.    Work in offices, in the warehouse or supply house, in the change house, in the laboratory, and in repair or maintenance shops not located underground.    d.    Work in the operation and maintenance of living quarters.    e.    Work outside the mine in surveying, in the repair and maintenance of roads, and in general cleanup about the mine property such as clearing brush and digging drainage ditches.    f.    Work of track crews in the building and maintaining of sections of railroad track located in those areas of open-cut metal mines where mining and haulage activities are not being conducted at the time and place that the building and maintenance work is being done.    g.    Work in or about surface placer mining operations other than placer dredging operations and hydraulic placer mining operations.    h.    Work in metal mills other than in mercury-recovery mills or mills using the cyanide process involving the operation of jigs, sludge tables, flotation cells, or drier-filters; hand-sorting at picking table or picking belts; or general cleanup.Nothing in this subrule shall be construed to permit any employment of minors in any other occupationactivity otherwise prohibited by Iowa Code chapter 92.       This subrule is intended to implement Iowa Code section 92.8(8)92.8(7).

        ITEM 20.    Amend renumbered subrule 32.8(8) as follows:    32.8(8) OccupationsWork activities in or about slaughtering and meat packing establishments and rendering plants”  means:    a.    All occupationsactivities on the killing floor, in curing cellars, and in hide cellars, except the work of messengers, runners, hand truckers and similar occupationsactivities which require entering workrooms or workplaces infrequently and for short periods of time.    b.    All occupationsactivities involved in the recovery of lard and oils, except packaging and shipping of the products and the operation of lard-roll machines.    c.    All occupationsactivities involved in tankage or rendering of dead animals, animal offal, animal fats, scrap meats, blood, and bones into stock feeds, tallow, inedible greases, fertilizer ingredients, and similar products.    d.    All occupationsactivities involved in the operation or feeding of the following power-driven meat processing machines, including the occupations of setting-upsetting up, adjusting, repairing, oiling, or cleaning the machines regardless of the product being processed by these machines (including, for example, the slicing in a retail delicatessen of meat, poultry, seafood, bread, vegetables, or cheese, etc.):
    1. Meat patty forming machines, meat and bone cutting saws, knives (except bacon-slicing machines), head splitters, and guillotine cutters;
    2. Snout pullers and jaw pullers;
    3. Skinning machines;
    4. Horizontal rotary washing machines;
    5. Casing-cleaning machines such as crushing, stripping, and finishing machines;
    6. Grinding, mixing, chopping, and hashing machines; and
    7. Presses (except belly-rolling machines).
        e.    All boning occupationsactivities.    f.    All occupationsactivities involving the pushing or dropping of any suspended carcass, half carcass, or quarter carcass.    g.    All occupationsactivities involving hand-lifting or hand-carrying any carcass or half carcass of beef, pork, or horse, or any quarter carcass of beef or horse.Definitions.        "Boning occupation" means the removal of bones from meat cuts. It does not include cutting, scraping or trimming meat from cuts containing bones.        "Curing cellar" means the workroom or workplace which is primarily devoted to the preservation and flavoring of meat by curing materials. It does not include the workroom or workplace where meats are smoked.        "Hide cellar" means the workroom or workplace where hides are graded, trimmed, salted, and otherwise cured.        "Killing floor" means the workroom or workplace where cattle, calves, hogs, sheep, lambs, goats, or horses are immobilized, shackled, or killed, and the carcasses are dressed prior to chilling.        "Rendering plants" means establishments engaged in the conversion of dead animals, animal offal, animal fats, scrap meats, blood, and bones into stock feeds, tallow, inedible greases, fertilizer ingredients and similar products.        "Slaughtering and meat packing establishments" means places in or about which cattle, calves, hogs, sheep, lambs, goats, or horses, poultry, rabbits or small game are killed, processed or butchered and establishments which manufacture or process meat products or sausage casings from these animals.       This subrule is intended to implement Iowa Code section 92.8(9)92.8(8).

        ITEM 21.    Amend renumbered subrule 32.8(9) as follows:    32.8(9) Occupations involved in the operationOperation of certain power-driven bakery machines”  means the occupations of operating, assisting to operate or setting up, adjusting, repairing, oiling, or cleaning any horizontal or vertical dough mixer; batter mixer; bread dividing, rounding, or molding machine; dough brake; dough sheeter; combination bread slicing and wrapping machines; or cake cutting band saw and the occupations of setting up or adjusting a cookie or cracker machine. However, this definition does not apply to the operation of pizza dough rollers that are a type of dough sheeter that have been constructed with safeguards contained in the basic design so as to prevent fingers, hands, or clothing from being caught in the in-running point of the rollers, that have gears that are completely enclosed, and that have microswitches that disengage the machinery if the backs or sides of the rollers are removed, only when all the safeguards detailed in Iowa Code section 92.8(10)92.8(9) are present on the machinery, are operational, and have not been overridden.       This subrule is intended to implement Iowa Code section 92.8(10)92.8(9).

        ITEM 22.    Amend renumbered subrule 32.8(10) as follows:    32.8(10) Occupations involved in the operationsOperation of paper-products machines”  means operating or assisting to operate any of the following power-driven paper-products machines and includes:    a.    Arm-type wire stitcher or stapler, circular or band saw, corner cutter or mitering machine, corrugating and single- or double-facing machine, envelope die-cutting press, guillotine paper cutter or shear, horizontal bar scorer, laminating or combining machine, sheeting machine, scrap-paper baler, or vertical slotter.    b.    Platen die-cutting press, platen printing press, or punch press which involves hand feeding of the machine.    c.    The occupationsactivities of setting up, adjusting, repairing, oiling, or cleaning the machines in paragraphs “a” and “b” of this subrule including those which do not involve hand feeding.d. Loading material into paper/cardboard balers except when the machine is powered off and the key is stored in a separate area from the machine.Definitions.        "Operating or assisting to operate" means all work which involves starting or stopping a machine covered by this subrule, placing materials into or removing them from the machine, or any other work directly involved in operating the machineexcept loading material into balers when the machine is powered off and the key is stored in a separate area from the machine.        "Paper-products machine" means power-driven machines used in:
    1. The remanufacture or conversion of paper or pulp into a finished product, including the preparation of materials for recycling.
    2. The preparation of materials for disposal. The term applies to the machines whether they are used in establishments that manufacture converted paper or pulp products, or in any other type of manufacturing or nonmanufacturing establishments.
           This subrule is intended to implement Iowa Code section 92.8(11)92.8(10).

        ITEM 23.    Amend renumbered subrule 32.8(11) as follows:    32.8(11) Occupations involved in the manufacture ofManufacturing brick, tile and related products”  means the manufacture of brick, tile and related products and includes the manufacture of clay construction products and of silica refractory products and includes:    a.    All work in or about establishments in which clay construction products are manufactured, except work in storage and shippings; work in offices, laboratories, and storerooms; and work in the drying departments of plants manufacturing sewer pipe.    b.    All work in or about establishments in which silica brick or other silica refractories are manufactured, except work in offices.    c.    Nothing in this subrule shall be construed to permit any employment of minors in any other occupationactivities otherwise prohibited by Iowa Code chapter 92.Definitions.        "Clay construction products" means brick, hollow structural tile, sewer pipe and kindred products, refractories, and other clay products such as architectural terra cotta, glazed structural tile, roofing tile, stove lining, chimney pipes and tops, wall coping, and drain tile. It does not include nonstructural-bearing clay products such as ceramic floor and wall tile, mosaic tile, glazed and enameled tile, faience, and similar tile, nor nonclay construction products such as sand-lime brick, glass brick, or nonclay refractories.        "Silica brick or other silica refractories" means refractory products produced from raw materials containing free silica as its main constituent.       This subrule is intended to implement Iowa Code section 92.8(12)92.8(11).

        ITEM 24.    Amend renumbered subrule 32.8(12) as follows:    32.8(12) Occupations involved in the operationOperation of circular saws, band saws, and guillotine shears”  means:    a.    Occupations of operatorOperator of or helper on power-driven fixed or portable circular saws, band saws, and guillotine shears except machines equipped with full automatic feed and ejection.    b.    The occupations of setting-upSetting up, adjusting, repairing, oiling, or cleaning circular saws, band saws, or guillotine shears.Definitions.        "Band saw" means a machine equipped with an endless steel band having a continuous series of notches or teeth, running over wheels or pulleys, and used for sawing materials.        "Circular saw" means a machine equipped with an endless steel disc and having a continuous series of notches or teeth on the periphery, mounted on shafting, and used for sawing materials.        "Guillotine shear" means a machine equipped with a movable blade operated vertically and used to shear materials. The term shall not include other types of shearing machines, using a different form of shearing action, such as alligator shears or circular shears.        "Helper" means a person who assists in the operation of a machine covered by this subrule by helping place materials into or remove them from the machine.        "Machines equipped with full automatic feed and ejection" means machines covered by this subrule which are equipped with devices for full automatic feeding and ejection and with a fixed barrier guard to prevent completely the operator or helper from placing any body part in the point-of-operation area.        "Operator" means a person who operates a machine covered by this subrule by performing functions such as starting or stopping the machine, placing materials into or removing them from the machine, or any other function directly involved in the operation of the machine.       This subrule is intended to implement Iowa Code section 92.8(13)92.8(12).

        ITEM 25.    Amend renumbered subrule 32.8(13) as follows:    32.8(13) “Wrecking, demolition and shipbreaking operations”  means all work, including cleanup and salvage work, performed at the site of the total or partial razing, demolishing, or dismantling of a building, bridge, steeple, tower, chimney, other structure, ship or other vessel.       This subrule is intended to implement Iowa Code section 92.8(14)92.8(13).

        ITEM 26.    Amend renumbered subrule 32.8(14), implementation sentence, as follows:       This subrule is intended to implement Iowa Code section 92.8(15)92.8(14).

        ITEM 27.    Amend renumbered subrule 32.8(15) as follows:    32.8(15) “Excavation occupations”  means all occupationsactivities involved with:    a.    Excavating, working in, or backfilling (refilling) trenches, except manually excavated or manually backfilling trenches that do not exceed four feet in depth at any point or working in trenches that do not exceed four feet in depth at any point.    b.    Excavating for buildings or other structures or working in the excavations, except manually excavating to a depth not exceeding four feet below any ground surface adjoining the excavation, working in an excavation not exceeding four feet in depth, or working in an excavation where the side walls are shored or sloped to the angle or repose.    c.    Working within tunnels prior to the completion of all driving and shoring operations.    d.    Working within shafts prior to the completion of all sinking and shoring operations.       This subrule is intended to implement Iowa Code section 92.8(16)92.8(15).

        ITEM 28.    Amend renumbered subrule 32.8(20) as follows:    32.8(20)   Hazardous occupationsWork activities prohibited by the labor commissionerdirector include the following:    a.    OccupationsActivities involved in the operation of power cutters on corn detasseling machines.    b.    OccupationsActivities involved in the driving of power-driven detasseling machines unless the driver has a valid driver’s license or a certificate issued by the Federal Extension Service showing that the driver has completed a 4-H farm and machinery program.       This subrule is intended to implement Iowa Code section 92.8(21)92.8(20).

        ITEM 29.    Adopt the following new rule 875—32.9(92):

    875—32.9(92) Terms.  The terms used in Iowa Code section 92.8A are defined and applied as specified in this rule.        "Incidental" means not a primary activity of the minor.         "Intermittent and for short periods of time" may vary depending on the degree and type of hazard. The frequency and duration of an activity shall make it clear the employee is a learner rather than a production worker. The burden is on the employer to justify more than one hour per day or 20 percent of a shift.        "Written permission" shall include a description of the activity that would otherwise be unlawful under Iowa Code section 92.8, including the expected frequency and duration of that activity.        This rule is intended to implement Iowa Code section 92.8A as enacted by 2023 Iowa Acts, Senate File 542, section 9.

        ITEM 30.    Amend rule 875—32.11(92), introductory paragraph, as follows:

    875—32.11(92) Civil penalty calculation.  An employer who violates this chapter or Iowa Code chapter 92 is subject to a civil penalty of not more than $10,000 per violation as set forth in this rule. The labor commissioner may refer a violation to the appropriate authority for criminal prosecution in addition to assessing a civil penalty.

        ITEM 31.    Amend subrules 32.11(1) and 32.11(2) as follows:    32 32.11 11(1) Counting the number of violations.      a.    Violations shall be counted as follows:each day that a child works too many hours, works at a prohibited time, or works in a prohibited occupation shall be a separate violation.    a.    Each item of inaccurate information on each Iowa Child Labor Application/Work Permit shall be a separate violation.    b.    Each day that a child works without a permit, works too many hours, works at a prohibited time, or works in a prohibited occupation shall be a separate violation.    c.    If an employer completes the Iowa Child Labor Application/Work Permit but fails to file it by the deadline, each day that the minor works after the deadline shall be a separate violation.    b.    The director may waive or reduce the penalty if this method of counting the violations would result in a penalty that is disproportionate to the harm done to the minor(s), the size of the employer, or both.    32 32.11 11(2) Determining whether a violation is a repeat violation.  The higher penalty amounts outlined in subrules 32.11(3) through32.11(4) and 32.11(5) for repeat instances may be assessed by the labor commissionerdirector if citations regarding the earlier instance or instances are final action and occurred less than five years before.

        ITEM 32.    Rescind and reserve subrule 32.11(3).

        ITEM 33.    Amend subrule 32.11(6) as follows:    32.11(6) Penalty reduction factors.  Except for violations related to the death of a child while working, the labor commissionerdirector shall reduce the penalty calculated pursuant to subrules 32.11(1) through, 32.11(2), 32.11(4) and 32.11(5) by the appropriate penalty reduction percentages set forth in this subrule. However, if the labor commissionerdirector requests information relevant to the penalty assessment and the employer does not provide responsive information, the labor commissionerdirector shall not reduce the penalty.    a.    Penalty reduction for size of business.The labor commissionerdirector shall reduce a penalty by 25 percent if the employer has 25 or fewer employees. The labor commissionerdirector shall reduce the penalty amount by 15 percent if the employer has 26 to 100 employees. The labor commissionerdirector shall reduce the penalty amount by 5 percent if the employer has 101 to 250 employees.    b.    Penalty reduction for good faith.The labor commissionerdirector may reduce a penalty by 15 percent based upon evidence that the employer made a good faith attempt to comply with the requirements. If at any time the labor commissionerdirector warned an employer in writing about a prohibited practice and a civil penalty is being assessed against the same employer for repeating the practice, the labor commissionerdirector shall not reduce the penalty based on good faith.    c.    Penalty reduction for history.The labor commissionerdirector shall reduce a penalty by 10 percent if the labor commissionerdirector has not assessed a civil penalty under this chapter within the past five years. If the labor commissionerdirector has assessed a civil penalty under this chapter in the past five years but the civil penalty has not reached judicial or administrative finality, the civil penalty shall be reduced by 10 percent.

        ITEM 34.    Amend rule 875—32.12(92) as follows:

    875—32.12(92) Civil penalty procedures.      32.12(1) Notice of civil penalty.  The commissionerdirector shall serve a notice of proposed civil penalty by certified mail or in a manner consistent with service of original notice under the Iowa Rules of Civil Procedure. There shall be a 15-day grace period before issuing the notice. The notice shall include the following:    a.    A statement that the notice proposes a civil penalty assessment for violation of child labor laws.    b.    Descriptions of the alleged violations including the provisions allegedly violated, the number of violations, and the proposed penalties.     c.    A statement that the employer has the right to request a hearing by filing a notice of contest with the labor commissionerdirector within 15 working days from the receipt of the notice of proposed civil penalty and that if a notice of contest is not timely filed, the proposed civil penalty will become final agency action.    d.    A reference to the applicable procedural provisions.    32.12(2) Notice of contest.  The civil penalty proposed by the labor commissionerdirector shall become final agency action if the employer does not timely file a notice of contest. The filing date for a timely notice of contest shall be within 15 working days of the date the notice of proposed civil penalty was received by the employer. The notice of contest shall include the name, address, and telephone number of the employer’s representative. If a notice of contest is filed by fax, the original shall be mailed to the labor commissionerdirector.    32.12(3) Contested case procedures.  Contested case procedures are set forth in 875—Chapter 1 and Iowa Code chapter 17A.       This rule is intended to implement Iowa Code section 92.22.
    ARC 7143CLabor Services Division[875]Notice of Intended Action

    Proposing rulemaking related to requests for extended inspection interval and providing an opportunity for public comment

        The Labor Commissioner hereby proposes to amend Chapter 90, “Administration of the Boiler and Pressure Vessel Program,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 89.14(11) as enacted by 2023 Iowa Acts, House File 461.State or Federal Law Implemented    This rulemaking implements, in whole or in part, 2023 Iowa Acts, House File 461.Purpose and Summary    This proposed rulemaking implements House File 461 regarding extensions of internal boiler and pressure vessel internal inspections. The proposed subrule clarifies what qualifies for an extension and how to get approval for the extension. The subrule facilitates granting the extension along with safety assurances.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department of Inspections, Appeals, and Licensing for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 2, 2024. Comments should be directed to: Mitchell Mahan Department of Inspections, Appeals, and Licensing 6200 Park Avenue Des Moines, Iowa 50321 Email: mitchell.mahan@dia.iowa.gov Public Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rulemaking 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Adopt the following new subrule 90.6(10):    90.6(10) Request for extended inspection interval.      a.    Owners of objects covered under Iowa Code section 89.3(4)“a” may apply for an extended internal inspection interval of up to seven years.    b.    The application for an extended internal inspection interval shall include the following information submitted to the director:    (1)   The name and contact information of the requestor.    (2)   The state identification number of the object.    (3)   The interval requested with supporting reasons.    (4)   An affidavit affirming the following:    1.   Compliance with the process safety management standard contained in 29 CFR §1910.119.    2.   The object is included as process safety management process equipment in the owner’s process safety management program.    3.   The object meets the requirements contained in the National Board Inspection Code.    4.   The object is fit for service based on the year of fabrication and the estimated service life of the object as determined by Part 2 of the National Board Inspection Code.    5.   Practices have been implemented for managing consumable items and ancillary equipment of the object.    (5)   The following supporting records:    1.   Inspection records of the boiler and ancillary equipment for the prior five years.    2.   The most recent Report of Fitness for Service Assessment.    3.   Every Form R-1 Report of Repair and Form R-2 Report of Alterations for the prior five years.    (6)   A request for an informal conference, if desired.    c.    The director will consider, among other things, whether the object meets the requirements contained in the National Board Inspection Code, whether the object is fit for service based on the year of fabrication, the estimated service life of the object as determined by Part 2 of the National Board Inspection Code, and whether the owner has implemented practices for managing consumable items and ancillary equipment of the object.    d.    The director may grant an extended inspection interval.    (1)   An extended inspection interval lasts until the next inspection, at which time the owner of the object may again apply for an extension.    (2)   The owner shall promptly report to the department’s boiler and pressure vessel unit any unscheduled shutdowns, significant incidents, near misses, and any other occurrences that might reasonably require reinspection before the extended date. Should the occurrence reasonably require it, or if any such event is not reported within ten days of occurrence, the director may revoke the extended inspection interval.    e.    If the director does not intend to grant the extension, the director will give the applicant a Notice of Intent to Deny Extended Inspection Interval, granting ten days for the applicant to provide additional reasons and evidence why the interval should be extended.
    ARC 7170CMedicine Board[653]Notice of Intended Action

    Proposing rulemaking related to standards of practice for physicians who perform or induce abortions 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 Rulemaking    This rulemaking is proposed under the authority provided in 2023 Iowa Acts, House File 732.State or Federal Law Implemented    This rulemaking implements, in whole or in part, 2023 Iowa Acts, House File 732.Purpose and Summary    The proposed rule is directed by 2023 Iowa Acts, House File 732, to outline the standards of practice for physicians who perform or induce abortions, including the detection of a fetal heartbeat, exceptions, and discipline.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board under 653—Chapter 3 for a waiver of the discretionary provisions, if any.Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on January 2, 2024. Comments should be directed to: Chrissy Greco Iowa Board of Medicine 6200 Park Avenue, Suite 100 Des Moines, Iowa 50321 Phone: 515.242.6039 Fax: 515.242.5908 Email: chrissy.greco@iowa.gov Public Hearing     A public hearing at which persons may present their views orally or in writing will be held as follows: January 4, 2024 10 a.m. to 12 noon 6200 Park Avenue 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 rulemaking.     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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Adopt the following new rule 653—13.17(135L,146A,146E,147,148,272C):

    653—13.17(135L,146A,146E,147,148,272C) Standards of practice for physicians who perform or induce abortions—definitions—detection of fetal heartbeat—fetal heartbeat exceptions—discipline.      13.17(1) Standards of practice.  This rule sets forth the standards of practice for physicians who perform or induce abortions. More information is contained in Iowa Code section 146E.2(5) as enacted by 2023 Iowa Acts, House File 732.    13.17(2) Definitions.  As used in this rule:        "Private health agency" means any establishment, facility, organization, or other entity that is not owned by a federal, state, or local government that either is a health care provider or employs or provides the services of a health care provider. Establishments, facilities, organizations, or other entities that are health care providers include the following:
    1. A hospital as defined in Iowa Code section 135B.1;
    2. A health care facility as defined in Iowa Code section 135C.1;
    3. A health facility as defined in Iowa Code section 135P.1; or
    4. A similar entity that either is a health care provider or employs or provides the services of a health care provider.
            "Public health agency" means any establishment; facility; organization; administrative division; or entity that is owned by a federal, state, or local government that either is a health care provider or employs or provides the services of a health care provider. Establishments, facilities, organizations, administrative divisions, or other entities that are health care providers include the following:
    1. A hospital as defined in Iowa Code section 135B.1;
    2. A health care facility as defined in Iowa Code section 135C.1;
    3. A health facility as defined in Iowa Code section 135P.1; or
    4. A similar entity that either is a health care provider or employs or provides the services of a health care provider.
            "Standard medical practice" means the degree of skill, care, and diligence that a physician of the same medical specialty would employ in like circumstances. As applied to the method used to determine the presence of a fetal heartbeat for purposes of Iowa Code chapter 146E as enacted by 2023 Iowa Acts, House File 732, and this rule, “standard medical practice” includes employing the appropriate means of detection depending on the estimated gestational age of the unborn child and the condition of the woman and her pregnancy.        "The pregnancy is the result of a rape" means a circumstance in which the pregnancy is the result of conduct perpetrated against a female that would be a prosecutable offense under Iowa Code section 709.2, 709.3, 709.4, or 709.4A.        "The pregnancy is the result of incest" means a circumstance in which a sex act occurs between closely related persons that involves a vaginal penetration that causes a pregnancy. The closely related persons must be related, either legitimately or illegitimately, as an ancestor, descendant, brother or sister of the whole or half blood, aunt, uncle, niece, or nephew. For purposes of this rule, a closely related person includes a stepparent, stepchild, or stepsibling, including siblings through adoption.
        13.17(3) Detection of fetal heartbeat.  A physician who intends to perform or induce an abortion must determine via abdominal ultrasound whether the woman is carrying an unborn child with a detectable fetal heartbeat.    a.    Obligation.The obligation under this rule requires a bona fide effort to detect a fetal heartbeat in the unborn child. This effort must be made in good faith and according to standard medical practice and reasonable medical judgment.    b.    Method.Consistent with standard medical practice and reasonable medical judgment, the physician shall perform an exterior abdominal ultrasound on the woman to determine whether the unborn child has a detectable fetal heartbeat. This exterior abdominal ultrasound shall be performed with real-time ultrasound equipment with a transducer of appropriate frequency. The equipment must be properly maintained and in proper functioning order. At minimum, the exterior abdominal ultrasound shall examine the full region of the woman’s body between the chest and pelvis, including the side flanks between the rib cage and hips.    13.17(4) Fetal heartbeat exceptions.  The following applies to a physician who intends to perform or induce an abortion under a fetal heartbeat exception as defined in Iowa Code chapter 146E as enacted by 2023 Iowa Acts, House File 732, and this rule:    a.    Incest or rape.If a pregnancy is the result of incest or a rape, the woman seeking an abortion may report the incest or the rape within the appropriate time frame to a licensed physician whose services are retained for an abortion procedure.    (1)   To determine whether the pregnancy is the result of incest, a physician who intends to perform or induce an abortion must gather the following information from the woman seeking an abortion:    1.   Did a sex act occur between the woman and a closely related person, meaning, related, either legitimately or illegitimately, as an ancestor, descendant, brother or sister of the whole or half blood, aunt, uncle, niece, nephew, stepparent, stepchild, stepsibling, or an adopted sibling?    2.   On what date did the sex act that caused the pregnancy occur?    3.   If initial reporting was to someone other than the physician who intends to perform or induce an abortion, on what date was the act reported to a law enforcement agency, public health agency, private health agency, or family physician?The physician who intends to perform or induce an abortion shall use this information to determine whether the fetal heartbeat exception for incest applies. This information shall be documented in the woman’s medical records.The physician who intends to perform or induce an abortion may rely on the information provided by the woman seeking an abortion upon a good-faith assessment that the woman is being truthful. The physician who intends to perform or induce an abortion may require the woman to sign a certification form attesting that the information she gave was true and accurate to the best of the woman’s understanding.    (2)   To determine whether the pregnancy is the result of a rape, a physician who intends to perform or induce an abortion must gather the following information from the woman seeking an abortion:     1.   On what date did the sex act that caused the pregnancy occur?     2.   What was the age of the woman seeking an abortion at the time of that sex act?    3.   Did the sex act constitute a rape?    4.   Was the rape perpetrated against the woman seeking an abortion?    5.   If initial reporting was to someone other than the physician who intends to perform or induce an abortion, on what date was the rape reported to a law enforcement agency, public health agency, private health agency, or family physician?The physician who intends to perform or induce an abortion shall use this information to determine whether the fetal heartbeat exception for rape applies. This information shall be documented in the woman’s medical records.The physician who intends to perform or induce an abortion may rely on the information as provided by the woman seeking an abortion upon a good-faith assessment that the woman is being truthful. The physician who intends to perform or induce an abortion may require the woman to sign a certification form attesting that the information she gave was true and accurate to the best of the woman’s understanding.    b.    Fetal abnormality.A certification from an attending physician that a fetus has a fetal abnormality that in the attending physician’s reasonable medical judgment is incompatible with life must contain the following information:    (1)   The diagnosis of the abnormality;    (2)   The basis for the diagnosis, including the tests and procedures performed, the results of those tests and procedures, and why those results support the diagnosis; and    (3)   A description of why the abnormality is incompatible with life.The diagnosis and the attending physician’s conclusion must be reached in good faith following a bona fide effort, consistent with standard medical practice and reasonable medical judgment, to determine the health of the fetus. The certification must be signed by the attending physician. A physician who intends to perform or induce an abortion may rely in good faith on a certification from an attending physician if the physician who intends to perform or induce an abortion has a copy of the certification. The certification must be included in the woman’s medical records by the physician who intends to perform or induce an abortion.    13.17(5) Discipline.  Failure to comply with this rule or the requirements of Iowa Code chapter 146E as enacted by 2023 Iowa Acts, House File 732, may constitute grounds for discipline.       This rule is intended to implement Iowa Code chapter 146E as enacted by 2023 Iowa Acts, House File 732.
    ARC 7175CProfessional Licensure Division[645]Notice of Intended Action

    Proposing rulemaking related to licensure of podiatrists and providing an opportunity for public comment

        The Board of Podiatry hereby proposes to rescind Chapter 220, “Licensure of Podiatrists,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code chapters 17A, 147, 149 and 272C.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapters 17A, 147, 149 and 272C.Purpose and Summary    This proposed rulemaking sets minimum standards for entry into the podiatry profession. Iowa residents, licensees, and employers benefit from the rulemaking because it articulates the processes by which individuals apply for licensure as a podiatrist in the state of Iowa, as directed in statute. This includes the process for initial licensure, renewal, and reinstatement. These requirements ensure public safety by ensuring that any individual entering the profession has minimum competency. Requirements include the application process, minimum educational qualifications, and examination requirements.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    A waiver provision is not included in this rulemaking because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on January 31, 2024. Comments should be directed to: Tony Alden Iowa Department of Inspections, Appeals, and Licensing 6200 Park Avenue Des Moines, Iowa 50321 Phone: 515.281.4401 Email: tony.alden@dia.iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 30, 2024 10 to 10:20 a.m. 6200 Park Avenue Des Moines, Iowa Via video/conference call: meet.google.com/jji-jaoj-uqy Or dial: 1.402.921.2210 PIN: 744 558 427# January 31, 2024 10 to 10:20 a.m. 6200 Park Avenue Des Moines, Iowa Via video/conference call: meet.google.com/jji-jaoj-uqy Or dial: 1.402.921.2210 PIN: 744 558 427#     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing.      Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Rescind 645—Chapter 220 and adopt the following new chapter in lieu thereof: CHAPTER 220PODIATRISTSchapter 220licensure of podiatristschapter 221licensure of orthotists, prosthetists, and pedorthistschapter 222continuing education for podiatristschapter 223practice of podiatrychapter 224discipline for podiatrists, orthotists, pedorthists, and prosthetistschapter 225continuing education for orthotists, prosthetists, and pedorthistsLICENSURE OF PODIATRISTS

    645—220.1(149) Definitions.          "Active license" means a license that is current and has not expired.        "Board" means the board of podiatry.        "Grace period" means the 30-day period following expiration of a license when the license is still considered to be active.         "Inactive license" means a license that has expired because it was not renewed by the end of the grace period.         "Licensee" means any person licensed to practice as a podiatrist in the state of Iowa.        "License expiration date" means June 30 of even-numbered years.        "Licensure by endorsement" means the issuance of an Iowa license to practice podiatry to an applicant who is or has been licensed in another state.        "NBPME" means National Board of Podiatric Medical Examiners.        "Reactivate" "reactivation" means the process as outlined in rule 645—220.15(17A,147,272C) by which an inactive license is restored to active status.        "Reciprocal license" means the issuance of an Iowa license to practice podiatry to an applicant who is currently licensed in another state that has a mutual agreement with the Iowa board of podiatry to license persons who have the same or similar qualifications to those required in Iowa.        "Reinstatement" means the process as outlined in rule 645—11.31(272C) by which a licensee who has had a license suspended or revoked or who has voluntarily surrendered a license may apply to have the license reinstated, with or without conditions. Once the license is reinstated, the licensee may apply for active status.

    645—220.2(149) Requirements for licensure.      220.2(1)   The applicant will submit a completed online application for licensure and pay the nonrefundable licensure fee specified in rule 645—5.15(147,148F,149).    220.2(2)   No application will be considered complete until official copies of academic transcripts are received, verifying graduation from a college of podiatric medicine approved by the Council on Podiatric Medical Education (CPME) of the American Podiatric Medical Association. Transcripts must be sent directly from the college to the board.    220.2(3)   Licensees who were issued their licenses within six months prior to the renewal date do not need to renew their licenses until the renewal date two years later.    220.2(4)   Incomplete applications that have been on file in the board office for more than two years will be:    a.    Considered invalid and destroyed; or    b.    Retained upon written request of the applicant. The applicant is responsible for requesting that the file be retained.    220.2(5)   An applicant who graduated from a podiatric college in 1961 or earlier, is currently licensed in another state and has practiced for the 24 months immediately prior to application may be exempted from passing Part I and Part II of the NBPME examination based on the applicant’s credentials and the discretion of the board.    220.2(6)   An applicant who graduated from a podiatric college on or after January 1, 1995, but before January 1, 2013, shall present documentation of successful completion of a residency approved by the CPME of the American Podiatric Medical Association.    220.2(7)   An applicant who graduated from a podiatric college on or after January 1, 2013, shall present documentation of successful completion of two years of a residency approved by the CPME of the American Podiatric Medical Association.    220.2(8)   Passing score reports for Part I, Part II, and Part III of the NBPME examination shall be sent directly from the examination service to the board.

    645—220.3(149) Written examinations.      220.3(1)   The examinations required by the board shall be Part I, Part II, and Part III of the NBPME.    220.3(2)   The applicant has responsibility for:    a.    Making arrangements to take the examinations; and    b.    Arranging to have the examination score reports sent directly to the board from the NBPME.    220.3(3)   A passing score as recommended by the administrators of the NBPME examinations shall be required.

    645—220.4(149) Educational qualifications.      220.4(1)   A new applicant for permanent or temporary licensure to practice as a podiatrist shall present official copies of academic transcripts, verifying graduation from a college of podiatric medicine approved by the Council on Podiatric Medical Education (CPME) of the American Podiatric Medical Association. Transcripts must be sent directly from the college to the board of podiatry.    220.4(2)   Foreign-trained podiatrists shall:    a.    Provide an equivalency evaluation of their educational credentials by one of the following: International Education Research Foundation, Inc., Credentials Evaluation Service, P.O. Box 3665, Culver City, CA 90231-3665, telephone 310.258.9451, website www.ierf.org, or email at info@ierf.org; or International Credentialing Associates, Inc., 7245 Bryan Dairy Road, Bryan Dairy Business Park II, Largo, FL 33777, telephone 727.549.8555. The professional curriculum must be equivalent to that stated in these rules. The candidate shall bear the expense of the curriculum evaluation.    b.    Provide a notarized copy of the certificate or diploma awarded to the applicant from a podiatry program in the country in which the applicant was educated.    c.    Receive a final determination from the board regarding the application for licensure.

    645—220.5(149) Title designations.  A podiatrist may use the prefix “Doctor” but shall add after the person’s name the word “Podiatrist” or “DPM.”

    645—220.6(147,149) Temporary license.      220.6(1)   A temporary license may be issued for up to one year and may be annually renewed at the discretion of the board. Temporary licenses will expire on June 30.    220.6(2)   Each applicant shall:    a.    Submit a completed online application for licensure and pay the nonrefundable licensure fee specified in rule 645—5.15(147,148F,149);    b.    Have official copies of academic transcripts sent directly to the board of podiatry from a college of podiatric medicine approved by the Council on Podiatric Medical Education (CPME) of the American Podiatric Medical Association;    c.    Request that passing score reports of the NBPME examination Part I and Part II be sent directly to the board of podiatry from the National Board of Podiatric Medical Examiners;    d.    Furnish an affidavit by the institution director or dean of an approved podiatric college attesting that the applicant has been accepted into a residency program in this state that is approved by the Council on Podiatric Medical Education (CPME) of the American Podiatric Medical Association;    e.    Request verification of license(s) from every jurisdiction in which the applicant has been licensed, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides:    (1)   Licensee’s name;    (2)   Date of initial licensure;    (3)   Current licensure status; and    (4)   Any disciplinary action taken against the license.    220.6(3)   An applicant who graduated from a podiatric college in 1961 or earlier, is currently licensed in another state, and has practiced for the 24 months immediately prior to application may be exempted from passing Part I and Part II of the NBPME examination based on the applicant’s credentials and the discretion of the board.    220.6(4)   The ultimate decision to issue a temporary license resides with the board, and a temporary license shall be surrendered if the reason for issuance ceases to exist.

    645—220.7(149) Licensure by endorsement.  An applicant who has been a licensed podiatrist under the laws of another jurisdiction may file an application for licensure by endorsement with the board office.    220.7(1)   The board may receive by endorsement any applicant from the District of Columbia, another state, territory, province or foreign country who:    a.    Submits a completed online application for licensure and pays the nonrefundable licensure fee specified in rule 645—5.15(147,148F,149);    b.    Shows evidence of licensure requirements that are similar to those required in Iowa;    c.    Provides the board with official copies of academic transcripts, verifying graduation from a college of podiatric medicine approved by the Council on Podiatric Medical Education (CPME) of the American Podiatric Medical Association. Transcripts must be sent directly from the school to the board of podiatry; and    d.    Provides verification of license(s) from every jurisdiction in which the applicant has been licensed, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides:    (1)   Licensee’s name;    (2)   Date of initial licensure;    (3)   Current licensure status; and    (4)   Any disciplinary action taken against the license.    220.7(2)   An applicant shall submit the passing score reports for Part I and Part II of the NBPME examination. An applicant who graduated from a podiatric college in 1961 or earlier, is currently licensed in another state, and has practiced for the 24 months immediately prior to application may be exempted from passing Part I and Part II of the NBPME examination based on the applicant’s credentials and the discretion of the board.    220.7(3)   An applicant shall submit passing score reports for Part III of the NBPME examination. An applicant who passed the Part III NBPME examination more than three years prior to the date of application in Iowa must submit proof of podiatry practice for one of the last three years.    220.7(4)   An applicant who graduated from a podiatric college on or after January 1, 1995, must present documentation of successful completion of a residency approved by the CPME of the American Podiatric Medical Association.    220.7(5)   A person who is licensed in another jurisdiction but who is unable to satisfy the requirements for licensure by endorsement may apply for licensure by verification, if eligible, in accordance with rule 645—19.1(272C).

    645—220.8(149) License renewal.      220.8(1)   The biennial license renewal period for a license to practice podiatry begins on July 1 of an even-numbered year and ends on June 30 of the next even-numbered year. The licensee is responsible for renewing the license prior to its expiration.     220.8(2)   An individual who was issued a license within six months of the license renewal date does not need to renew the individual’s license until the subsequent renewal two years later.    220.8(3)   An applicant who graduated from a podiatric college on or after January 1, 2013, and who is seeking renewal for the first time shall present documentation of successful completion of a residency program approved by the CPME of the American Podiatric Medical Association.    220.8(4)   A licensee seeking renewal shall:    a.    Meet the continuing education requirements of rule 645—222.2(149,272C) and the mandatory reporting requirements of subrule 220.9(4). A licensee whose license was reactivated during the current renewal compliance period may use continuing education credit earned during the compliance period for the first renewal following reactivation; and    b.    Submit the completed renewal application and renewal fee before the license expiration date.    220.8(5)   Mandatory reporter training requirements.    a.    A licensee who, in the scope of professional practice or in the licensee’s employment responsibilities, examines, attends, counsels or treats children and dependent adults in Iowa shall indicate on the renewal application completion of two hours of training in child abuse identification and reporting in the previous five years or condition(s) for waiver of this requirement as identified in paragraph 220.8(5)“e.”    b.    A licensee who, in the course of employment, examines, attends, counsels or treats adults in Iowa shall complete the applicable department of health and human services training related to the identification and reporting of child and dependent adult abuse as required by Iowa Code section 232.69(3)“b.” The requirement for mandatory training for identifying and reporting child and dependent adult abuse shall be suspended if the board determines that suspension is in the public interest or that a person at the time of license renewal:    (1)   Is engaged in active duty in the military service of this state or the United States.    (2)   Holds a current waiver by the board based on evidence of significant hardship in complying with training requirements, including an exemption of continuing education requirements or extension of time in which to fulfill requirements due to a physical or mental disability or illness as identified in 645—Chapter 4.    c.    The board may select licensees for audit of compliance with the requirements in paragraphs 220.8(5)“a” and “b.”    220.8(6)   Upon receiving the information required by this rule and the required fee, board staff will administratively issue a two-year license. In the event the board receives adverse information on the renewal application, the board will issue the renewal license but may refer the adverse information for further consideration or disciplinary investigation.    220.8(7)   The license certificate and proof of active licensure will be displayed in a conspicuous public place at the primary site of practice.    220.8(8)   Late renewal. A license not renewed by the expiration date will be assessed a late fee as specified in 645—subrule 5.15(3). Completion of renewal requirements and submission of the late fee within the grace period are needed to renew the license.    220.8(9)   Inactive license. A license not renewed by the end of the grace period is inactive. A licensee whose license is inactive continues to hold the privilege of licensure in Iowa, but may not practice as a podiatrist in Iowa until the license is reactivated. A licensee who practices as a podiatrist in the state of Iowa with an inactive license may be subject to disciplinary action by the board, injunctive action pursuant to Iowa Code section 147.83, criminal sanctions pursuant to Iowa Code section 147.86, and other available legal remedies.

    645—220.9(17A,147,272C) License reactivation.  To apply for reactivation of an inactive license, an applicant will:    220.9(1)   Submit a completed online application for licensure and pay the nonrefundable licensure fee specified in rule 645—5.15(147,148F,149).    220.9(2)   Provide verification of current competence to practice as a podiatrist by satisfying one of the following criteria:    a.    If the license has been on inactive status for five years or less, provide the following:    (1)   Verification of the license(s) from every jurisdiction in which the applicant is or has been licensed and is or has been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:    1.   Licensee’s name;    2.   Date of initial licensure;    3.   Current licensure status; and    4.   Any disciplinary action taken against the license; and    (2)   Verification of completion of 40 hours of continuing education within two years of application for reactivation.    b.    If the license has been on inactive status for more than five years, provide the following:    (1)   Verification of the license(s) from every jurisdiction in which the applicant is or has been licensed and is or has been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:    1.   Licensee’s name;    2.   Date of initial licensure;    3.   Current licensure status; and    4.   Any disciplinary action taken against the license; and    (2)   Verification of completion of 80 hours of continuing education within two years of application for reactivation.

    645—220.10(17A,147,272C) License reinstatement.  A licensee whose license has been revoked, suspended, or voluntarily surrendered must apply for and receive reinstatement of the license in accordance with rule 645—11.31(272C) and must apply for and be granted reactivation of the license in accordance with rule 645—220.15(17A,147,272C) prior to practicing as a podiatrist in this state.       These rules are intended to implement Iowa Code chapters 17A, 147, 149, and 272C.
    ARC 7176CProfessional Licensure Division[645]Notice of Intended Action

    Proposing rulemaking related to licensure of orthotists, prosthetists, and pedorthists and providing an opportunity for public comment

        The Board of Podiatry hereby proposes to rescind Chapter 221, “Licensure of Orthotists, Prosthetists, and Pedorthists,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code chapters 17A, 147, 148F and 272C.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapters 17A, 147, 148F and 272C.Purpose and Summary    This proposed rulemaking sets minimum standards for entry into the professions of orthotists, prosthetists, and pedorthists. Iowa residents, licensees, and employers benefit from the rulemaking because it articulates the processes by which individuals apply for licensure in the state of Iowa, as directed in statute. This includes the process for initial licensure, renewal, and reinstatement. These requirements ensure public safety by ensuring that any individual entering the profession has minimum competency. Requirements include the application process, minimum educational qualifications, and examination requirements.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    A waiver provision is not included in this rulemaking because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on January 31, 2024. Comments should be directed to: Tony Alden Iowa Department of Inspections, Appeals, and Licensing 6200 Park Avenue Des Moines, Iowa 50321 Phone: 515.281.4401 Email: tony.alden@dia.iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 30, 2024 10 to 10:20 a.m. 6200 Park Avenue Des Moines, Iowa Via video/conference call: meet.google.com/jji-jaoj-uqy Or dial: 1.402.921.2210 PIN: 744 558 427# January 31, 2024 10 to 10:20 a.m. 6200 Park Avenue Des Moines, Iowa Via video/conference call: meet.google.com/jji-jaoj-uqy Or dial: 1.402.921.2210 PIN: 744 558 427#     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing.     Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Rescind 645—Chapter 221 and adopt the following new chapter in lieu thereof: CHAPTER 221LICENSURE OF ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS

    645—221.1(148F) Definitions.          "Active license" means a license that is current and has not expired.        "Board" means the board of podiatry.        "Grace period" means the 30-day period following expiration of a license when the license is still considered to be active.         "Inactive license" means a license that has expired because it was not renewed by the end of the grace period.         "Licensee" means any person licensed to practice as an orthotist, prosthetist, or pedorthist in the state of Iowa.        "License expiration date" means June 30 of even-numbered years.        "Licensure by endorsement" means the issuance of an Iowa license to practice orthotics, prosthetics, or pedorthics to an applicant who is or has been licensed in another state.        "Reactivate" "reactivation" means the process as outlined in rule 645—221.8(17A,147,272C) by which an inactive license is restored to active status.        "Reciprocal license" means the issuance of an Iowa license to practice orthotics, prosthetics, or pedorthics to an applicant who is currently licensed in another state that has a mutual agreement with the Iowa board of podiatry to license persons who have the same or similar qualifications to those required in Iowa.        "Reinstatement" means the process as outlined in rule 645—11.31(272C) by which a licensee who has had a license suspended or revoked or who has voluntarily surrendered a license may apply to have the license reinstated, with or without conditions. Once the license is reinstated, the licensee may apply for active status.

    645—221.2(148F) Requirements for licensure.      221.2(1)   The applicant will submit a completed online application for licensure and pay the nonrefundable licensure fee specified in rule 645—5.15(147,148F,149).    221.2(2)   No application will be considered complete until official copies of academic transcripts are received.    a.    Applicants for licensure in orthotics or prosthetics must submit proof of graduation from an educational program approved by the Commission on Accreditation of Allied Health Education Programs.    b.    Applicants for licensure in pedorthics must submit proof of graduation from an educational program approved by the National Commission on Orthotic and Prosthetic Education.    221.2(3)   Transcripts must be sent directly from the program to the board.    221.2(4)   Licensees who were issued their licenses within six months prior to the renewal date do not need to renew their licenses until the renewal date two years later.    221.2(5)   Incomplete applications that have been on file in the board office for more than two years will be:    a.    Considered invalid and destroyed; or    b.    Retained upon written request of the applicant. The applicant is responsible for requesting that the file be retained.    221.2(6)   The applicant shall ensure that the passing score from the appropriate professional examination is sent directly to the board from the examination service.    221.2(7)   Applicants for licensure in orthotics or prosthetics must provide documentation of successful completion of a residency program accredited by the National Commission on Orthotic and Prosthetic Education.    221.2(8)   Applicants for licensure in pedorthics must provide documentation of successful completion of a qualified clinical experience program.

    645—221.3(148F) Written examinations.      221.3(1)   Prosthetists must have completed and passed the Board of Certification/Accreditation, International (BOC), or American Board for Certification in Orthotics, Prosthetics and Pedorthics, Incorporated (ABC), examination for prosthetists.    221.3(2)   Orthotists must have completed and passed the BOC or ABC examination for orthotists.     221.3(3)   Pedorthists must have completed and passed the BOC or ABC examination for pedorthists.     221.3(4)   The applicant has responsibility for:    a.    Making arrangements to take the examination; and    b.    Arranging to have the examination score reports sent directly to the board from the ABC or BOC.    221.3(5)   A passing score as recommended by the administrators of the ABC or BOC examination shall be required.

    645—221.4(148F) Educational qualifications.      221.4(1)   An applicant for licensure to practice as an orthotist or prosthetist shall present official copies of academic transcripts, verifying completion of the following requirements:    a.    A baccalaureate or higher degree from a regionally accredited college or university. Transcripts must be sent directly from the college or university to the board of podiatry; and    b.    Verification of completion of an academic program in orthotics or prosthetics accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP). Transcripts must be sent directly from the program to the board of podiatry.    221.4(2)   An applicant for licensure to practice as a pedorthist shall present official copies of academic transcripts, verifying completion of the following requirements:    a.    A high school diploma or its equivalent; and    b.    Verification of completion of an academic program in pedorthics accredited by the National Commission on Orthotic and Prosthetic Education. Verification must be sent directly from the program to the board of podiatry.    221.4(3)   An applicant who has relocated to Iowa from a state that did not require licensure to practice the profession may submit proof of work experience in lieu of educational and training requirements, if eligible, in accordance with rule 645—19.2(272C).

    645—221.5(148F) Licensure by endorsement.      221.5(1)   An applicant who has been a licensed orthotist, prosthetist, or pedorthist under the laws of another jurisdiction may file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia, or another state, territory, province or foreign country who:    a.    Submits a completed online application for licensure and pays the nonrefundable licensure fee specified in rule 645—5.15(147,148F,149);     b.    Shows evidence of licensure requirements that are similar to those required in Iowa;    c.    For prosthetic or orthotic licensure, provides:    (1)   A baccalaureate or higher degree from a regionally accredited college or university. Transcripts must be sent directly from the college or university to the board of podiatry; and    (2)   Verification of completion of an academic program in orthotics or prosthetics accredited by CAAHEP. Transcripts must be sent directly from the program to the board of podiatry;    d.    For pedorthic licensure, provides:    (1)   A high school diploma or its equivalent; and    (2)   Verification of completion of an academic program in pedorthics accredited by the National Commission on Orthotic and Prosthetic Education. Verification must be sent directly from the program to the board of podiatry;    e.    Provides verification of license(s) from every jurisdiction in which the applicant has been licensed, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if the verification provides:    (1)   Licensee’s name;    (2)   Date of initial licensure;    (3)   Current licensure status; and    (4)   Any disciplinary action taken against the license;    f.    Submits a copy of the scores from the appropriate professional examination to be sent directly from the examination service to the board.    221.5(2)   Individuals who were issued their licenses by endorsement within six months of the license renewal date do not need to renew their licenses until the next renewal date two years later.    221.5(3)   Licensure by verification. A person who is licensed in another jurisdiction but who is unable to satisfy the requirements for licensure by endorsement may apply for licensure by verification, if eligible, in accordance with rule 645—19.1(272C).

    645—221.6(148F) License renewal.      221.6(1)   The biennial license renewal period for a license to practice orthotics, prosthetics, or pedorthics begins on July 1 of an even-numbered year and ends on June 30 of the next even-numbered year. The licensee is responsible for renewing the license prior to its expiration.     221.6(2)   An individual who was issued a license within six months of the license renewal date will not be required to renew the license until the subsequent renewal date two years later.    221.6(3)   A licensee seeking renewal shall:    a.    Meet the continuing education requirements of rule 645—225.2(148F,272C). A licensee whose license was reactivated during the current renewal compliance period may use continuing education credit earned during the compliance period for the first renewal following reactivation; and    b.    Submit the completed renewal application and renewal fee before the license expiration date.    221.6(4)   Upon receipt of the information required by this rule and the required fee, board staff shall administratively issue a two-year license. In the event the board receives adverse information on the renewal application, the board will issue the renewal license but may refer the adverse information for further consideration or disciplinary investigation.    221.6(5)   The license certificate and proof of active licensure will be displayed in a conspicuous public place at the primary site of practice.    221.6(6)   Late renewal. The license shall become late when the license has not been renewed by the expiration date on the renewal. The licensee shall be assessed a late fee as specified in 645—subrule 5.15(7). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period.    221.6(7)   Inactive license. A licensee who fails to renew the license by the end of the grace period has an inactive license. A licensee whose license is inactive continues to hold the privilege of licensure in Iowa but may not practice as an orthotist, prosthetist, or pedorthist in Iowa until the license is reactivated. A licensee who practices as an orthotist, prosthetist, or pedorthist in the state of Iowa with an inactive license may be subject to disciplinary action by the board, injunctive action pursuant to Iowa Code section 147.83, criminal sanctions pursuant to Iowa Code section 147.86, and other available legal remedies.

    645—221.7(17A,147,272C) License reactivation.  To apply for reactivation of an inactive license, a licensee shall:    221.7(1)   Submit a completed online application for licensure and pay the nonrefundable licensure fee specified in rule 645—5.15(147,148F,149).    221.7(2)   Provide verification of current competence to practice by satisfying one of the following criteria:    a.    If the license has been on inactive status for five years or less, an applicant must provide the following:    (1)   Verification of the license(s) from every jurisdiction in which the applicant is or has been licensed and is or has been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:    1.   Licensee’s name;    2.   Date of initial licensure;    3.   Current licensure status; and    4.   Any disciplinary action taken against the license; and    (2)   Verification of completion of:    1.   For orthotists or prosthetists, 30 hours of continuing education within two years of application for reactivation.    2.   For pedorthists, 20 hours of continuing education within two years of application for reactivation.    b.    If the license has been on inactive status for more than five years, an applicant must provide the following:    (1)   Verification of the license(s) from every jurisdiction in which the applicant is or has been licensed and is or has been practicing during the time period the Iowa license was inactive, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification from a jurisdiction’s board office if the verification includes:    1.   Licensee’s name;    2.   Date of initial licensure;    3.   Current licensure status; and    4.   Any disciplinary action taken against the license; and    (2)   Verification of completion of:    1.   For orthotists or prosthetists, 60 hours of continuing education within two years of application for reactivation.    2.   For pedorthists, 40 hours of continuing education within two years of application for reactivation.

    645—221.8(17A,147,272C) License reinstatement.  A licensee whose license has been revoked, suspended, or voluntarily surrendered must apply for and receive reinstatement of the license in accordance with rule 645—11.31(272C) and must apply for and be granted reactivation of the license in accordance with rule 645—221.8(17A,147,272C) prior to practicing as an orthotist, a prosthetist, or a pedorthist in this state.       These rules are intended to implement Iowa Code chapters 17A, 147, 148F, and 272C.
    ARC 7177CProfessional Licensure Division[645]Notice of Intended Action

    Proposing rulemaking related to continuing education for podiatrists and providing an opportunity for public comment

        The Board of Podiatry hereby proposes to rescind Chapter 222, “Continuing Education for Podiatrists,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code chapters 17A, 147, 149 and 272C.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapters 17A, 147, 149 and 272C.Purpose and Summary    This proposed rulemaking sets forth continuing education requirements for podiatrists. The rulemaking includes definitions related to continuing education, the required number of hours of continuing education that licensees are required to obtain, the standards that licensees need to meet in order to comply with the rulemaking, and the types of continuing education courses that are permissible. The intended benefit of continuing education is to ensure that podiatrists maintain up-to-date practice standards and, as a result, provide high-quality services to Iowans.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    A waiver provision is not included in this rulemaking because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on January 31, 2024. Comments should be directed to: Tony Alden Iowa Department of Inspections, Appeals, and Licensing 6200 Park Avenue Des Moines, Iowa 50321 Phone: 515.281.4401 Email: tony.alden@dia.iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 30, 2024 10 to 10:20 a.m. 6200 Park Avenue Des Moines, Iowa Via video/conference call: meet.google.com/jji-jaoj-uqy Or dial: 1.402.921.2210 PIN: 744 558 427# January 31, 2024 10 to 10:20 a.m. 6200 Park Avenue Des Moines, Iowa Via video/conference call: meet.google.com/jji-jaoj-uqy Or dial: 1.402.921.2210 PIN: 744 558 427#     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing.     Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Rescind 645—Chapter 222 and adopt the following new chapter in lieu thereof: CHAPTER 222CONTINUING EDUCATION FOR PODIATRISTS

    645—222.1(149,272C) Definitions.          "Active license" means a license that is current and has not expired.        "Approved program/activity" means a continuing education program/activity meeting the standards set forth in these rules.        "Audit" means the selection of licensees for verification of satisfactory completion of continuing education requirements during a specified time period.        "Board" means the board of podiatry.        "Continuing education" means planned, organized learning acts acquired during licensure designed to maintain, improve, or expand a licensee’s knowledge and skills in order for the licensee to develop new knowledge and skills relevant to the enhancement of practice, education, or theory development to improve the safety and welfare of the public.        "Hour of continuing education" means at least 50 minutes spent by a licensee in actual attendance at and completion of an approved continuing education activity.        "Inactive license" means a license that has expired because it was not renewed by the end of the grace period.         "Independent study" means a subject/program/activity that a person pursues autonomously that meets standards for approval criteria in the rules and includes a posttest.        "License" means license to practice.        "Licensee" means any person licensed to practice as a podiatrist in the state of Iowa.

    645—222.2(149,272C) Continuing education requirements.      222.2(1)   The biennial continuing education compliance period extends for a two-year period beginning on July 1 of each even-numbered year and ending on June 30 of the next even-numbered year. Each biennium, each person who is licensed to practice as a podiatrist in this state shall be required to complete a minimum of 40 hours of continuing education.    222.2(2)   Requirements for new licensees. Those persons licensed for the first time shall not be required to complete continuing education as a prerequisite for the first renewal of their licenses. Continuing education hours acquired anytime from the initial licensing until the second license renewal may be used. The new licensee will be required to complete a minimum of 40 hours of continuing education per biennium for each subsequent license renewal.    222.2(3)   Hours of continuing education credit may be obtained by attending and participating in a continuing education activity. These hours must be in accordance with these rules.    222.2(4)   No hours of continuing education will be carried over into the next biennium.    222.2(5)   It is the responsibility of each licensee to finance the cost of continuing education.

    645—222.3(149,272C) Standards.      222.3(1) General criteria.  A continuing education activity that meets all of the following criteria is appropriate for continuing education credit if the continuing education activity:    a.    Constitutes an organized program of learning that contributes directly to the professional competency of the licensee;    b.    Pertains to subject matters that integrally relate to the practice of the profession;    c.    Is conducted by individuals who have specialized education, training and experience by reason of which said individuals should be considered qualified concerning the subject matter of the program. At the time of audit, the board may request the qualifications of presenters;    d.    Fulfills stated program goals, objectives, or both; and    e.    Provides proof of attendance to licensees in attendance including:    (1)   Date, location, course title, presenter(s);    (2)   Number of program contact hours; and    (3)   Certificate of completion or evidence of successful completion of the course provided by the course sponsor.    222.3(2) Specific criteria.      a.    Licensees may obtain continuing education hours of credit by teaching in a college, university, or graduate school that is recognized by the U.S. Department of Education. The licensee may receive credit on a one-time basis for the first offering of a course.    b.    Continuing education hours of credit may be obtained by completing the following programs/activities of a podiatric scientific nature and sponsored by an accredited college of podiatric medicine or the American Podiatric Medical Association or a regional or state affiliate or nonprofit hospital that are:    (1)   Educational activities in which participants and faculty are present at the same time and attendance can be verified. Such activities include lectures, conferences, focused seminars, clinical and practical workshops, simultaneous live satellite broadcasts and teleconferences; and    (2)   Scientifically oriented material or risk management activities.    c.    If the podiatrist utilizes conscious sedation, the podiatrist shall obtain a minimum of one hour of continuing education in the area of conscious sedation or other related topics.    d.    A licensee who has prescribed opioids to a patient during a renewal cycle shall have obtained a minimum of one hour of continuing education regarding the United States Centers for Disease Control and Prevention guideline for prescribing opioids for chronic pain, including recommendations on limitations on dosages and the length of prescriptions, risk factors for abuse, and nonopioid and nonpharmacologic therapy options.    e.    Combined maximum per biennium of 20 hours for the following continuing education source areas will not exceed:    (1)   Presenting professional programs that meet the criteria listed in this subrule. Two hours of credit will be awarded for each hour of presentation. A course schedule or brochure must be maintained for audit.    (2)   Ten hours of credit for viewing videotaped presentations if the following criteria are met:    1.   There is an approved sponsoring group or agency;    2.   There is a facilitator or program official present;    3.   The program official is not the only attendee; and    4.   The program meets all the criteria in rule 645—222.3(149,272C).    (3)   Ten hours of credit for computer-assisted instructional courses or programs pertaining to patient care and the practice of podiatric medicine and surgery. These courses and programs must be approved by the American Podiatric Medical Association or its affiliates and have a certificate of completion that includes the following information:    1.   Date course/program was completed;    2.   Title of course/program;    3.   Number of course/program contact hours; and    4.   Official signature or verification of course/program sponsor.    (4)   Five hours of credit for reading journal articles pertaining to patient care and the practice of podiatric medicine and surgery. The licensee must pass a required posttest and be provided with a certificate of completion.    f.    No office management courses will be accepted by the board.    g.    Continuing education hours of credit equivalents for academic coursework per biennium are as follows:1 academic semester hour = 15 continuing education hours1 academic quarter hour = 10 continuing education hours     h.    Credit is given only for actual hours attended.       These rules are intended to implement Iowa Code section 272C.2 and chapter 149.
    ARC 7178CProfessional Licensure Division[645]Notice of Intended Action

    Proposing rulemaking related to practice of podiatry and providing an opportunity for public comment

        The Board of Podiatry hereby proposes to rescind Chapter 223, “Practice of Podiatry,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code chapters 17A, 147, 149 and 272C.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapters 17A, 147, 149 and 272C.Purpose and Summary    This proposed rulemaking provides Iowans, licensees, and their employers with definitions relevant to the practice of podiatrists and requirements for administering conscious sedation, for preventing human immunodeficiency virus and hepatitis B virus transmission, for unlicensed graduates of a podiatric college working as assistants, and for prescribing opioids. This rulemaking articulates practice standards and provides a scope of practice for the profession.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    A waiver provision is not included in this rulemaking because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on January 31, 2024. Comments should be directed to: Tony Alden Iowa Department of Inspections, Appeals, and Licensing 6200 Park Avenue Des Moines, Iowa 50321 Phone: 515.281.4401 Email: tony.alden@dia.iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 30, 2024 10 to 10:20 a.m. 6200 Park Avenue Des Moines, Iowa Via video/conference call: meet.google.com/jji-jaoj-uqy Or dial: 1.402.921.2210 PIN: 744 558 427# January 31, 2024 10 to 10:20 a.m. 6200 Park Avenue Des Moines, Iowa Via video/conference call: meet.google.com/jji-jaoj-uqy Or dial: 1.402.921.2210 PIN: 744 558 427#     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing.      Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Rescind 645—Chapter 223 and adopt the following new chapter in lieu thereof: CHAPTER 223PRACTICE OF PODIATRY

    645—223.1(149) Definitions.          "Ambulatory surgical center" "ASC" means an ambulatory surgical center that has in effect an agreement with the Centers for Medicare and Medicaid Services (CMS) of the U.S. Department of Health and Human Services, in accordance with 42 CFR Part 416 as amended to November 22, 2023.        "Conscious sedation" means a depressed level of consciousness produced by the administration of pharmacological substances that retains the patient’s ability to independently and continuously maintain an airway and respond appropriately to physical stimulation or verbal command.

    645—223.2(149) Requirements for administering conscious sedation.  A licensed podiatrist who holds a permanent license in good standing may use conscious sedation for podiatric patients on an outpatient basis in a hospital or ASC after the podiatrist has submitted to the board office an attestation on a form approved by the board.    223.2(1)   The attestation shall include:    a.    Evidence of successful completion within the past five years of a formal anesthesiology rotation in a residency program approved by the Council on Podiatric Medical Education (CPME); or    b.    For a podiatrist who does not meet the requirements of paragraph 223.2(1)“a,” an attestation with evidence that the podiatrist is authorized by the governing body of a hospital or ASC to use conscious sedation. This attestation must be received by the board prior to January 1, 2005.    223.2(2)   The podiatrist will provide verification of current certification in Basic Cardiac Life Support (BCLS) or Advanced Cardiac Life Support (ACLS).    223.2(3)   A podiatrist who has an attestation on file and continues to use conscious sedation will meet the requirements of 645—Chapter 222 at the time of license renewal. A minimum of one hour of continuing education in the area of conscious sedation or related topics is required beginning with the renewal cycle of July 1, 2004, to June 30, 2006. Continuing education credit in the area of conscious sedation may be applied toward the 40 hours of continuing education required for renewal of the license. In addition, the podiatrist will maintain current certification in BCLS or ACLS.    223.2(4)   A podiatrist will only utilize conscious sedation in a hospital or ASC when the podiatrist has been granted clinical privileges by the governing body of the hospital or ASC in accordance with approved policies and procedures of the hospital or ASC.    223.2(5)   It is a violation of the standard of care for a podiatrist to use conscious sedation agents that result in a deep sedation or general anesthetic state.    223.2(6)   Reporting of adverse occurrences related to conscious sedation. A licensed podiatrist who has an attestation on file with the board must submit a report to the board within 30 days of any mortality or other incident which results in temporary or permanent physical or mental injury requiring hospitalization of the patient during or as a result of conscious sedation. Included in the report will be the following:    a.    Description of podiatric procedures;    b.    Description of preoperative physical condition of patient;    c.    List of drugs and dosage administered;    d.    Description, in detail, of techniques utilized in administering the drugs;    e.    Description of adverse occurrence, including:    (1)   Symptoms of any complications including, but not limited to, onset and type of symptoms;    (2)   Treatment instituted;    (3)   Response of the patient to treatment;    f.    Description of the patient’s condition on termination of any procedures undertaken;    g.    If a patient is transferred, a statement providing where and to whom; and    h.    Name of the registered nurse who is trained to administer conscious sedation and who assisted in the procedure.    223.2(7)   Failure to report. Failure to comply with subrule 223.2(6) when the adverse occurrence is related to the use of conscious sedation may result in the podiatrist’s loss of authorization to administer conscious sedation or in other sanctions provided by law.    223.2(8)   Record keeping. The patient’s chart must include:    a.    Preoperative and postoperative vital signs;    b.    Drugs administered;    c.    Dosage administered;    d.    Anesthesia time in minutes;    e.    Monitors used;    f.    Intermittent vital signs recorded during procedures and until the patient is fully alert and oriented with stable vital signs;    g.    Name of the person to whom the patient was discharged; and    h.    Name of the registered nurse who is trained to administer conscious sedation and who assisted in the procedure.    223.2(9)   Failure to comply with these rules is grounds for discipline.

    645—223.3(139A) Preventing HIV and HBV transmission.  Podiatrists will comply with the recommendations for preventing transmission of human immunodeficiency virus and hepatitis B virus to patients during exposure-prone invasive procedures, issued by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, or with the recommendations of the expert review panel established pursuant to Iowa Code section 139A.22(3) and applicable hospital protocols established pursuant to Iowa Code section 139A.22(1). Failure to comply will be grounds for disciplinary action.

    645—223.4(149) Unlicensed graduate of a podiatric college.  An unlicensed graduate of a podiatric college may function in the licensed podiatrist’s office only as a podiatric assistant. The licensed podiatrist has full responsibility and liability for the unlicensed person.    223.4(1)   Treatments, charting, and notations completed by the unlicensed graduate must be initialed by that person and countersigned by the licensed podiatrist.    223.4(2)   An unlicensed graduate will not:    a.    Be referred to as “doctor” during professional contact with patients.    b.    Treat patients in the office without a licensed podiatrist present.    c.    Perform surgical work without direct supervision of a licensed podiatrist.    d.    Diagnose or prescribe medicine.    e.    Take independent actions regarding diagnosis, treatment or prescriptions.    f.    Visit nursing homes or make house calls without the presence of the licensed podiatrist.    g.    Bill for any services.

    645—223.5(149) Prescribing opioids.  Podiatrists will review a patient’s information contained in the prescription monitoring program database for each opioid prescription prior to prescribing, unless the patient is receiving inpatient hospice care or long-term residential facility care.       These rules are intended to implement Iowa Code chapters 139A, 149 and 514F.
    ARC 7179CProfessional Licensure Division[645]Notice of Intended Action

    Proposing rulemaking related to discipline for podiatrists, orthotists, prosthetists, and pedorthists and providing an opportunity for public comment

        The Board of Podiatry hereby proposes to rescind Chapter 224, “Discipline for Podiatrists, Orthotists, Prosthetists, and Pedorthists,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code chapters 17A, 147, 148F, 149 and 272C.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapters 17A, 147, 148F, 149 and 272C.Purpose and Summary    This proposed rulemaking provides protection to Iowans because it publicly defines disciplinary options when a podiatrist, orthotist, pedorthist, or prosthetist fails to provide the standard of care. This is important to both the public and to the licensee because it creates a shared understanding of what is and is not appropriate for certain types of licensed individuals in the state of Iowa. When professional standards are not met, it can subject a licensee to discipline against the licensee’s license. Iowans have the ability to submit a complaint to the licensing board, which can then investigate the allegation. The Board has the ability to seek discipline against the licensee for those items outlined, ensuring that the public is protected.    The 19 boards in the legacy Department of Health and Human Services (HHS) Bureau of Professional Licensure have similar disciplinary standards for all professions. For this reason, one shared disciplinary chapter has been created that applies to all professions. This chapter contains only those disciplinary grounds that are unique to the Board and are therefore excluded from the general disciplinary chapter.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    A waiver provision is not included in this rulemaking because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on January 31, 2024. Comments should be directed to: Tony Alden Iowa Department of Inspections, Appeals, and Licensing 6200 Park Avenue Des Moines, Iowa 50321 Phone: 515.281.4401 Email: tony.alden@dia.iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 30, 2024 10 to 10:20 a.m. 6200 Park Avenue Des Moines, Iowa Via video/conference call: meet.google.com/jji-jaoj-uqy Or dial: 1.402.921.2210 PIN: 744 558 427# January 31, 2024 10 to 10:20 a.m. 6200 Park Avenue Des Moines, Iowa Via video/conference call: meet.google.com/jji-jaoj-uqy Or dial: 1.402.921.2210 PIN: 744 558 427#     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing.      Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Rescind 645—Chapter 224 and adopt the following new chapter in lieu thereof: CHAPTER 224DISCIPLINE FOR PODIATRISTS, ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS[Prior to 2/6/02, see 645—Chapter 220]

    645—224.1(148F,149,272C) Grounds for discipline.  The board may impose any of the disciplinary sanctions provided in Iowa Code section 272C.3 when the board determines that the licensee is guilty of any of the following acts or offenses or those listed in 645—Chapter 13:    224.1(1)   Prescribing opioids in dosage amounts exceeding what would be prescribed by a reasonably prudent prescribing practitioner engaged in the same practice.    224.1(2)   Reserved.

    645—224.2(148F,149,272C) Indiscriminately prescribing, administering or dispensing any drug for other than a lawful purpose.  The board may impose any of the disciplinary sanctions provided in 645—Chapter 13 when the board determines that the licensee is guilty of any of the following acts or offenses:    224.2(1)   Self-prescribing or self-dispensing controlled substances.    224.2(2)   Prescribing or dispensing controlled substances to members of the licensee’s immediate family for an extended period of time.    a.    Prescribing or dispensing controlled substances to members of the licensee’s immediate family is allowable for an acute condition or on an emergency basis when the physician conducts an examination, establishes a medical record, and maintains proper documentation.    b.    Immediate family includes spouse or life partner, natural or adopted children, grandparent, parent, sibling, or grandchild of the physician; and natural or adopted children, grandparent, parent, sibling, or grandchild of the physician’s spouse or life partner.    224.2(3)   Prescribing or dispensing controlled substances outside the scope of the practice of podiatry.       These rules are intended to implement Iowa Code chapters 147, 148F, 149, and 272C.
    ARC 7180CProfessional Licensure Division[645]Notice of Intended Action

    Proposing rulemaking related to continuing education for orthotists, prosthetists, and pedorthists and providing an opportunity for public comment

        The Board of Podiatry hereby proposes to rescind Chapter 225, “Continuing Education for Orthotists, Prosthetists, and Pedorthists,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code chapters 17A, 147, 148F and 272C.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapters 17A, 147, 148F and 272C.Purpose and Summary    These proposed rules set forth continuing education requirements for orthotists, prosthetists, and pedorthists. The rules include definitions related to continuing education, the required number of hours of continuing education that licensees are required to obtain, the standards that licensees need to meet in order to comply with the rules, and the types of continuing education courses that are permissible. The intended benefit of continuing education is to ensure that orthotists, prosthetists, and pedorthists maintain up-to-date practice standards and, as a result, provide high-quality services to Iowans.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    A waiver provision is not included in this rulemaking because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on January 31, 2024. Comments should be directed to: Tony Alden Iowa Department of Inspections, Appeals, and Licensing 6200 Park Avenue Des Moines, Iowa 50321 Phone: 515.281.4401 Email: tony.alden@dia.iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 30, 2024 10 to 10:20 a.m. 6200 Park Avenue Des Moines, Iowa Via video/conference call: meet.google.com/jji-jaoj-uqy Or dial: 1.402.921.2210 PIN: 744 558 427# January 31, 2024 10 to 10:20 a.m. 6200 Park Avenue Des Moines, Iowa Via video/conference call: meet.google.com/jji-jaoj-uqy Or dial: 1.402.921.2210 PIN: 744 558 427#     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing.     Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Rescind 645—Chapter 225 and adopt the following new chapter in lieu thereof: CHAPTER 225CONTINUING EDUCATION FOR ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS

    645—225.1(148F) Definitions.          "ABC" means the American Board for Certification in Orthotics, Prosthetics and Pedorthics, Incorporated.        "Active license" means a license that is current and has not expired.        "Approved program/activity" means a continuing education program/activity meeting the standards set forth in these rules.        "Audit" means the selection of licensees for verification of satisfactory completion of continuing education requirements during a specified time period.        "Board" means the board of podiatry.        "BOC" means the Board of Certification/Accreditation, International.        "Continuing education" means planned, organized learning acts acquired during licensure designed to maintain, improve, or expand a licensee’s knowledge and skills in order for the licensee to develop new knowledge and skills relevant to the enhancement of practice, education, or theory development to improve the safety and welfare of the public.        "Hour of continuing education" means at least 50 minutes spent by a licensee in actual attendance at and completion of an approved continuing education activity.        "Inactive license" means a license that has expired because it was not renewed by the end of the grace period.        "Independent study" means a subject/program/activity that a person pursues autonomously that meets standards for approval criteria in the rules and includes a posttest.        "License" means license to practice.        "Licensee" means any person licensed to practice as an orthotist, prosthetist, or pedorthist in the state of Iowa.

    645—225.2(148F,272C) Continuing education requirements.      225.2(1)   The biennial continuing education compliance period extends for a two-year period beginning on July 1 of each even-numbered year and ending on June 30 of the next even-numbered year.    a.    Each biennium, each person who is licensed to practice as an orthotist in this state shall be required to complete a minimum of 30 hours of continuing education.    b.    Each biennium, each person who is licensed to practice as a prosthetist in this state shall be required to complete a minimum of 30 hours of continuing education.    c.    Each biennium, each person who is licensed to practice as a pedorthist in this state shall be required to complete a minimum of 20 hours of continuing education.    225.2(2)   Requirements for new licensees. Those persons licensed for the first time shall not be required to complete continuing education as a prerequisite for the first renewal of their licenses. Continuing education hours acquired anytime from the initial licensing until the second license renewal may be used.    a.    The new orthotic licensee will be required to complete a minimum of 30 hours of continuing education per biennium for each subsequent license renewal.    b.    The new prosthetic licensee will be required to complete a minimum of 30 hours of continuing education per biennium for each subsequent license renewal.    c.    The new pedorthic licensee will be required to complete a minimum of 20 hours of continuing education per biennium for each subsequent license renewal.    225.2(3)   Hours of continuing education credit may be obtained by attending and participating in a continuing education activity. These hours must be in accordance with these rules.    225.2(4)   No hours of continuing education will be carried over into the next biennium.    225.2(5)   It is the responsibility of each licensee to finance the cost of continuing education.

    645—225.3(148F,272C) Standards.      225.3(1) General criteria.  A continuing education activity that meets all of the following criteria is appropriate for continuing education credit if the continuing education activity:    a.    Constitutes an organized program of learning that contributes directly to the professional competency of the licensee;    b.    Pertains to subject matters that integrally relate to the practice of the profession;    c.    Is conducted by individuals who have specialized education, training and experience by reason of that said individuals should be considered qualified concerning the subject matter of the program. At the time of audit, the board may request the qualifications of presenters;    d.    Fulfills stated program goals, objectives, or both; and    e.    Provides proof of attendance to licensees in attendance including:    (1)   Date, location, course title, and presenter(s);    (2)   Number of program contact hours; and    (3)   Certificate of completion or evidence of successful completion of the course provided by the course sponsor.    225.3(2) Specific criteria for licensees.      a.    Licensees may obtain continuing education hours of credit by attending workshops, conferences, symposiums, electronically transmitted courses, live interactive conferences, and academic courses that relate directly to the professional competency of the licensee. Official transcripts indicating successful completion of academic courses that apply to the field of orthotics, prosthetics, or pedorthics will be necessary in order to receive the following continuing education credits:1 academic semester hour = 15 continuing education hours of credit1 academic trimester hour = 12 continuing education hours of credit1 academic quarter hour = 10 continuing education hours of credit    b.    Licensees may obtain continuing education hours of credit by teaching in an approved college, university, or graduate school. The licensee may receive credit on a one-time basis for the first offering of a course.    c.    Continuing education hours of credit may be granted for any of the following activities not to exceed a maximum combined total of 15 hours for orthotists and prosthetists and 10 hours for pedorthists:    (1)   Presenting professional programs that meet the criteria listed in this rule. Two hours of credit will be awarded for each hour of presentation. A course schedule or brochure must be maintained for audit.    (2)   Authoring research or other activities, the results of which are published in a recognized professional publication. The licensee will receive five hours of credit per page.    (3)   Viewing videotaped presentations and electronically transmitted material that have a postcourse test if the following criteria are met:    1.   There is a sponsoring group or agency;    2.   There is a facilitator or program official present;    3.   The program official is not the only attendee; and    4.   The program meets all the criteria specified in this rule.    (4)   Participating in home study courses that have a certificate of completion and a postcourse test.    (5)   Participating in courses that have business-related topics: marketing, time management, government regulations, and other like topics.    (6)   Participating in courses that have personal skills topics: career burnout, communication skills, human relations, and other like topics.    (7)   Participating in courses that have general health topics: clinical research, CPR, child abuse reporting, and other like topics.

    645—225.4(148F,272C) Audit of continuing education report.  In addition to the requirements of 645—4.11(272C), proof of current BOC or ABC certification as an orthotist, prosthetist, or pedorthist will be accepted in lieu of individual certificates of completion for an audit.       These rules are intended to implement Iowa Code section 272C.2 and chapter 148F.
    ARC 7181CRevenue Department[701]Notice of Intended Action

    Proposing rulemaking related to collection of tax debt and debt owed to other state agencies and providing an opportunity for public comment

        The Revenue Department hereby proposes to rescind Chapter 20, “Filing and Extension of Tax Liens and Charging Off Uncollectible Tax Accounts,” and adopt a new Chapter 20 with the same title; rescind Chapter 21, “Federal Offset for Iowa Income Tax Obligations,” and adopt a new Chapter 21 with the same title; rescind Chapter 22, “Collection of Debts Owed the State of Iowa or a State Agency,” and adopt a new Chapter 22 with the same title; rescind Chapter 23, “Debt Collection and Selling of Property to Collect Delinquent Debts,” and adopt a new Chapter 23 with the same title; rescind Chapter 24, “License Sanctions for Collection of Debts Owed the State of Iowa or a State Agency,” and adopt a new Chapter 24 with the same title; rescind Chapter 25, “Challenges to Administrative Levies and Publication of Names of Debtors,” and adopt a new Chapter 25, “Challenges to Administrative Levies”; and adopt Chapter 27, “Subpoena of Records from Utility Companies and Publication of Names of Debtors,” Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code chapters 272D and 453B and section 421.17.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapters 626 and 642 and sections 272D.2, 272D.5 to 272D.7, 272D.9, 421.17, 421.17A, 422.20, 422.26 and 422.72.Purpose and Summary    The purpose of this proposed rulemaking is to readopt several chapters related to the collection of tax debt and debt owed to other state agencies and to adopt one new chapter on related topics. The proposed chapters were revised to remove unnecessary or obsolete language and language that is duplicative of statute and to clarify readopted rules.    Chapter 20 provides practices and procedures the Department will follow in filing liens on property to establish a priority interest in assets of the taxpayer for unpaid debt. Chapter 21 provides when and how the Department may offset a taxpayer’s federal refund via the Treasury Offset Program to satisfy state income tax obligations. Chapter 22 contains requirements for other state agencies and local government entities to place their debt with the Department for collection. Chapter 23 contains a rule implementing the Department’s authority to seize and sell property to collect tax debt and other delinquent liabilities collected by or owed to the State of Iowa. Chapter 24 provides requirements of the Department for sanctioning a professional or other license and the procedure for challenging. Chapter 25 contains the procedure for a debtor to challenge a wage or bank levy issued by the Department. Chapter 27 is a newly created chapter that contains rules on the subpoena of utility companies and the Director’s power to release the names of debtors. The rules in this newly created chapter were previously located in other chapters, but were moved to Chapter 27 for more intuitive organization.    A Regulatory Analysis, including the proposed rule text, was published on October 4, 2023. A public hearing was held on October 25, 2023. No public comments on the Regulatory Analysis were received at the hearing or in writing. The Administrative Rules Coordinator provided preclearance for publication of this Notice of Intended Action on November 9, 2023.    Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking 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 rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 2, 2024. Comments should be directed to: Nick Behlke Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306-3457 Phone: 515.336.9025 Email: nick.behlke@iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 3, 2024 9 to 11 a.m. Via video/conference call January 3, 2024 1 to 3 p.m. Via video/conference call     Persons who wish to participate in a video/conference call should contact Nick Behlke before 4:30 p.m. on January 2, 2024, to facilitate an orderly hearing. A video link will be provided to participants prior to the hearing.    Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Rescind 701—Chapter 20 and adopt the following new chapter in lieu thereof: CHAPTER 20FILING AND EXTENSION OF TAX LIENS AND CHARGING OFF UNCOLLECTIBLE TAX ACCOUNTS[Prior to 12/17/86, Revenue Department[730]][Prior to 11/2/22, see Revenue Department[701] Ch 9]

    701—20.1(422,423) Definitions.  As used in the rules contained herein, the following definitions apply unless the context otherwise requires:        "Assessment issued" means the same as defined in Iowa Code section 422.26(10).        "Charge off" means moving an unpaid account to inactive status. “Charge off” does not mean the account is deleted from the department’s records or that the account is not due and owed. Charge off does not prevent the department from recovering all or part of the account through actions including but not limited to bankruptcy, probate, or setoff or through voluntary payment.         "Department" means the Iowa department of revenue.        "Director" means the director of the department or the director’s authorized representative.        "Lien" means the legal right or interest against personal or real property provided by Iowa Code section 422.26 or other Iowa Code sections making reference to Iowa Code section 422.26.        "Recorder" means the county recorder of any county in the state of Iowa.        "Taxes" means all taxes or charges administered by the department and any tax or charge to which Iowa Code section 422.26 applies.

    701—20.2(422,423) Place of filing.       20.2(1)   A notice of lien may be filed in the office of the recorder in any county.     20.2(2)   The director may charge off any account before the lien has lapsed if the taxpayer meets one or more of the following criteria:    a.    The taxpayer is deceased, and there are no assets in the estate or there are no assets available for the payment of taxes under Iowa Code section 633.425.    b.    The taxpayer is a corporation that has dissolved or ceased to exist with no assets remaining.    c.    The taxpayer is retired because of age or total disability (as described in rule 701—104.12(425)) with income and assets such that it would cause the taxpayer undue financial hardship if the department enforced collection of past due taxes. The director may require other evidence to determine when collection of tax would be a hardship on a taxpayer.    d.    The taxpayer has unpaid tax amounting to less than $50.    e.    The taxpayer cannot be found, after diligent inquiry, and has no property upon which the lien can attach.    f.    The taxpayer is insolvent with no property, real or personal, upon which the lien can attach.       These rules are intended to implement Iowa Code section 422.26.

        ITEM 2.    Rescind 701—Chapter 21 and adopt the following new chapter in lieu thereof: CHAPTER 21FEDERAL OFFSET FOR IOWA INCOME TAX OBLIGATIONS[Prior to 11/2/22, see Revenue Department[701] Ch 150]

    701—21.1(421,26USC6402) Definitions.  The following definitions are applicable to the federal offset program:        "Assessment" means the determination of a past due tax obligation and includes self-assessments. An assessment includes the Iowa income tax, interest, penalties, fees or other charges associated with the past due legally enforceable Iowa income tax obligation.        "Department,” “state of Iowa,” “Iowa" "the state" means the Iowa department of revenue.        "Director" means the director of the Iowa department of revenue or the director’s authorized representative.        "Overpayment" means a federal tax refund due and owing to a person or persons.        "Past due legally enforceable Iowa income tax obligation" means a debt defined in 26 U.S.C. 6402(e)(5).        "Resident of Iowa" means any person with a federal overpayment for the year in which Iowa seeks offset and such person has an Iowa address listed on that person’s federal return for the tax period of overpayment.        "Secretary" means the Secretary of the Treasury for the federal government.        "State income tax obligation" "Iowa income tax obligation" is intended to cover all Iowa income taxes. This term includes all local income taxes administered by the Iowa department of revenue or determined to be a “state income tax” under Iowa law. Such taxes may include but are not limited to individual income tax, income surtax, fiduciary income tax, withholding tax, or corporate income tax, and penalties, interest, fines, judgments, or court costs relating to such tax obligations.        "Tax refund offset" means withholding or reducing, in whole or in part, a federal tax refund payment by an amount necessary to satisfy a past due legally enforceable state income tax obligation owed by the payee (taxpayer) of the tax refund payment. This chapter only involves the offset of tax refund payments under 26 U.S.C. 6402(e); it does not cover the offset of federal payments other than tax refund payments for the collection of past due legally enforceable state income tax obligations.        "Tax refund payment" means the amount to be refunded to a taxpayer by the federal government after the Internal Revenue Service (IRS) has applied the taxpayer’s overpayment to the taxpayer’s past due tax liabilities in accordance with 26 U.S.C. 6402(a) and 26 CFR 301.6402-3(a)(6).

    701—21.2(421,26USC6402) Prerequisites for requesting a federal offset.  The following requirements must be met before the state can request an offset of a federal overpayment against an Iowa income tax obligation:    21.2(1)   The state must have made written demand on the taxpayer to obtain payment of the state income tax obligation for which the request for offset is being submitted.    21.2(2)   Pre-offset notice. At least 60 days prior to requesting the offset of a taxpayer’s federal overpayment for an Iowa income tax obligation, the state of Iowa must provide notice by certified mail, return receipt requested, to the person owing the Iowa income tax liability. This notice must include information as required by 26 U.S.C. 6402 and 31 CFR 285.8.    21.2(3)   The state must consider any evidence presented by the person owing the obligation and determine whether the amount or amounts are past due and legally enforceable.    21.2(4)   Additional pre-offset notices. The department must provide a taxpayer with an additional pre-offset notice if the amount of the obligation to be subject to offset is increased due to a new assessment. However, a new pre-offset notice is not required if there is an increase in the amount to be offset due to accrued interest, penalties or other charges associated with an Iowa income tax obligation in which notice has previously been given.    21.2(5)   Before offset of the federal refund can be requested by the state of Iowa, the person’s Iowa income tax liability must be at least $25, unless otherwise provided based on the discretion of the department and the Secretary. If an individual owes more than one Iowa income tax obligation, the minimum amount will be applied to the aggregate amounts of such obligations owed to Iowa.    21.2(6)   Only residents of Iowa are subject to offsets under these rules.

    701—21.3(421,26USC6402) Submission of evidence.  A taxpayer may challenge the offset by submitting evidence that all or part of the debt is not past due or not legally enforceable. The challenge must be postmarked or received within 60 days of the date of the pre-offset notice in the manner described in the pre-offset notice.

    701—21.4(421,26USC6402) Procedure after submission of evidence.  Following timely receipt of evidence by the department from the taxpayer, the department will notify the taxpayer whether the evidence submitted is sufficient to terminate the intended offset. If the department determines that the evidence is sufficient, the procedure to initiate the federal offset shall be terminated for that obligation and the taxpayer’s record of Iowa income tax obligation for that particular obligation shall be adjusted accordingly. However, if the department determines that the evidence is insufficient to show that the amount or amounts at issue are not, in whole or in part, a past due and legally enforceable income tax obligation, the department must notify the taxpayer of the decision. The challenge of an offset under these rules is subject to judicial review under Iowa Code section 17A.19 as other agency action.In cases in which a taxpayer claims immunity from state taxation due to being an enrolled member of an Indian tribe who lives on that member’s reservation and derives all of that member’s income from that reservation, the taxpayer may refer to 31 CFR 285.8(c)(3)(ii) for additional information.        These rules are intended to implement Iowa Code chapter 421 and 26 U.S.C. 6402(e) et seq.

        ITEM 3.    Rescind 701—Chapter 22 and adopt the following new chapter in lieu thereof: CHAPTER 22COLLECTION OF DEBTS OWED THE STATE OF IOWA OR A STATE AGENCY[Prior to 11/2/22, see Revenue Department[701] Ch 151]

    701—22.1(421) Definitions.  For purposes of this chapter, the following definitions shall govern:        "Centralized collections unit" means the unit within the department charged with collecting debt for the department and other entities pursuant to Iowa Code section 421.17(27) or any other Iowa statute.         "Debtor" means any person having a delinquent account, charge, fee, loan, or other indebtedness due the state of Iowa or any state agency.        "Department" means the Iowa department of revenue.         "Director" means the director of revenue or the director’s authorized representative.        "Liability" "debt" means any liquidated sum due and owing to the state of Iowa or any state agency that has accrued through contract, subrogation, tort, operation of law, or any legal theory regardless of whether there is an outstanding judgment for that sum.        "Person" "entity" means individual, corporation, business trust, estate, trust, partnership or association, limited liability company, or any other legal entity, but does not include a state agency.        "State agency" "agency" includes but is not limited to entities listed in Iowa Code section 421.17(27)“a.”

    701—22.2(421) Participation guidelines.  The department may collect on behalf of a public agency at the department’s sole discretion. The department may require that a public agency enter into an agreement for collection with the department prior to collecting for the public agency. Agreements will be signed by the director or another staff member of the department designated by the director.

    701—22.3(421) Duties of the agency.  A public agency seeking the use of the centralized collections unit shall have the following duties regarding the department and debtors.    22.3(1) Notification to the department.  The public agency must provide a list of debtors to the department of revenue. This list must be in a format and type prescribed by the department and include information relevant to the identification of the debtor and the source and amount of the debt. The public agency shall terminate all collection activities once notification is given to the department.    22.3(2) Change in status of debt.  A public agency that has provided liability information to the department of revenue must notify the department immediately of any change in the status of a debt. This notification shall be made no later than ten calendar days from the occurrence of the change. Change in status may come from payment of the debt or liability, invalidation of the liability, alternate payment arrangements with the debtor, bankruptcy, or other factors.       These rules are intended to implement Iowa Code sections 421.17, 422.20, and 422.72.

        ITEM 4.    Rescind 701—Chapter 23 and adopt the following new chapter in lieu thereof: CHAPTER 23DEBT COLLECTION AND SELLING OF PROPERTY TO COLLECT DELINQUENT DEBTS[Prior to 11/2/22, see Revenue Department[701] Ch 152]

    701—23.1(421,422,626,642) Definitions.          "Delinquent debtor" means an individual, corporation, limited liability company, business trust, estate, trust, partnership, or any other legal entity that owes a delinquent liability, or unpaid taxes to the state or a liability that is collectible by the state.        "Department" means the Iowa department of revenue.        "Director" means the director of revenue or the director’s authorized representative.        "Property" means any property, including but not limited to real property, tangible property, and intangible property. “Property” includes but is not limited to a homestead.         "State" means the state of Iowa.       This rule is intended to implement Iowa Code sections 421.17 and 422.26 and chapters 626 and 642.

    701—23.2(421,422,626,642) Sale of property.  Property may be seized and sold to satisfy unpaid taxes, delinquent liabilities owed to the state, and liabilities collected by the state. A homestead may be sold to satisfy delinquent taxes collected under Iowa Code section 422.26 and any other similar section. However, a homestead may not be sold for collection of any other liability owed to or collected by the state other than taxes unless specifically authorized by statute.       This rule is intended to implement Iowa Code sections 421.17 and 422.26 and chapters 626 and 642.

        ITEM 5.    Rescind 701—Chapter 24 and adopt the following new chapter in lieu thereof: CHAPTER 24LICENSE SANCTIONS FOR COLLECTION OF DEBTS OWED THE STATE OF IOWA OR A STATE AGENCY[Prior to 11/2/22, see Revenue Department[701] Ch 153]

    701—24.1(272D) Definitions.  For purposes of this chapter, the following terms shall have the same definitions as Iowa Code section 272D.1:
    1. Certificate of noncompliance.
    2. Liability.
    3. License.
    4. Licensee.
    5. Licensing authority.
    6. Obligor.
    7. Person.
    8. Unit.
    9. Withdrawal of a certificate of noncompliance.

    701—24.2(272D) Notice to person of potential sanction of license.  Before issuing a certificate of noncompliance, the unit must send a notice to a person in accordance with Iowa Code section 272D.3.

    701—24.3(272D) Challenges.  A person may challenge the unit’s issuance of a certificate of noncompliance by requesting a conference. Upon receiving a timely written request for a conference, the unit shall grant the person a stay of the issuance of a certificate of noncompliance. The stay shall remain in effect pending the decision of the unit under Iowa Code section 272D.6(1).    24.3(1) Conference.  The person may request a conference with the unit to challenge the unit’s issuance of a certificate of noncompliance following the mailing of the notice of potential license sanction or at any time after a licensing authority serves notice of suspension, revocation, denial of issuance, or nonrenewal of a license. The request for a conference shall be made in writing to the unit. If the conference is requested pursuant to and after the unit’s mailing of a notice of potential license sanction under rule 701—24.2(272D), the request must be received by the unit within 20 days following the mailing or service of that notice.     24.3(2) Notification.  The unit shall notify the person of the date, time, and location of the conference by regular mail, with the date of the conference to be no earlier than ten days following the unit’s issuance of the notice of the conference. If the person fails to appear at the conference, the unit shall issue a certificate of noncompliance.    24.3(3) Location.  The conference will be conducted by telephone unless otherwise indicated in the written notification by the department.

    701—24.4(272D) Issuance of certificate of noncompliance.      24.4(1)   If the person fails to appear at the conference, the unit shall issue a certificate of noncompliance. If the person does not timely request a conference or pay the amount of liability owed within 20 days of the date the notice was postmarked, the unit shall issue a certificate of noncompliance.     24.4(2)   However, the unit will not issue a certificate of noncompliance if:    a.    The unit finds a mistake in the identity of the person;    b.    The unit finds a mistake in determining the amount of the liability;    c.    The unit determines the amount of the liability is less than $1,000;    d.    The obligor pays the amount due or enters into an acceptable payment plan;    e.    The obligor is in bankruptcy; or    f.    The unit finds additional time is required for the person to comply.

    701—24.5(272D) Written agreements.  The obligor and the unit may enter into a written agreement for payment of the liability owed pursuant to Iowa Code section 272D.5.

    701—24.6(272D) Decision of the unit.      24.6(1)   If the unit mails a notice to a person and the person requests a conference, the unit shall issue a written decision if any of the conditions in Iowa Code section 272D.6(1) exist.    24.6(2)   Mailing of decision. The unit shall send a copy of the written decision as described in Iowa Code section 272D.6(2).

    701—24.7(272D) Certificate of noncompliance to licensing authority.      24.7(1)   The unit shall issue a certificate of noncompliance to any appropriate licensing authority as required by Iowa Code section 272D.7.     24.7(2)   The suspension, revocation, or denial shall be effective no sooner than 30 days following the date of notice to the person.

    701—24.8(272D) Requirements of the licensing authority.  Licensing authorities shall observe the requirements and procedures of Iowa Code section 272D.8.

    701—24.9(272D) District court hearing.  A person may file an application for review of the decision by the unit or following issuance of notice by the licensing authority with the district court as described in Iowa Code section 272D.9. Actions initiated by the unit under this chapter shall not be subject to contested case proceedings or further review pursuant to Iowa Code chapter 17A, and any resulting court hearing shall be an original hearing before the district court.       These rules are intended to implement Iowa Code sections 272D.2, 272D.5, and 272D.9.

        ITEM 6.    Rescind 701—Chapter 25 and adopt the following new chapter in lieu thereof: CHAPTER 25CHALLENGES TO ADMINISTRATIVE LEVIES[Prior to 11/2/22, see Revenue Department[701] Ch 154]

    701—25.1(421) Challenges to administrative levies.  A challenge to an administrative levy can only be made by an obligor or an account holder of interest. A challenge to an administrative levy will be reviewed by the centralized collections unit of the department. This review is not subject to the provisions of Iowa Code chapter 17A. An account holder of interest means a person named on the account.

    701—25.2(421) Form and time of challenge.   The obligor or an account holder of interest must submit a written challenge to an administrative levy within ten days of the date of the notice. Challenges must be submitted to the department in the manner described on the notice furnished by the department to the obligor or account holder of interest.

    701—25.3(421) Issues that may be raised.  The issues raised by the challenging party, which are limited to a mistake of fact, may include but are not limited to:
    1. The challenging party has the same name as the obligor but is not the obligor.
    2. The challenging party does not have an interest in the account that is being seized.
    3. The amount listed in the notice to the obligor is greater than the amount actually owed.
           These rules are intended to implement Iowa Code sections 421.17 and 421.17A.

        ITEM 7.    Adopt the following new 701—Chapter 27: CHAPTER 27SUBPOENA OF RECORDS FROM UTILITY COMPANIES AND PUBLICATION OF NAMES OF DEBTORS

    701—27.1(421) Subpoena of records from public or private utility company.  The director may subpoena records of a public or private utility company to the extent permitted by Iowa Code section 421.17(32).     27.1(1) Definitions.          "Reasonable efforts," for purposes of Iowa Code section 421.17(32), will be considered complete when the department has attempted to reach the individual using the individual’s last-known address as determined pursuant to subrule 7.33(2).         "Utility" means the same as “public or private utility company” as defined in Iowa Code section 421.17(32)“f.”    27.1(2) Procedure for issuing a subpoena; data transfer.      a.    The department shall submit the subpoena to the utility’s designated recipient on or before the date a secure data file is submitted for processing. The subpoena will include the director’s authority to make the request, the name of the file submitted for processing, the information to be provided for each individual, the expected response date, and the department’s contact information. The subpoena must be signed by the director. The data file provided to the utility by the department will include social security numbers, names, and last-known addresses in the mutually agreed-upon format.    b.    Within 30 days of receiving the department’s data file, the utility will process and return the data file to the department.    27.1(3) Confidentiality.  The utility must keep confidential all records received from the department. After the department has received the requested information from the utility, the utility must delete the data files the utility received in a secure manner. The department must keep confidential all records received from the utility in compliance with all applicable state and federal laws regarding individual privacy and the privacy rights of public and private utility companies.       This rule is intended to implement Iowa Code sections 421.17(32), 422.20, and 422.72.

    701—27.2(421) List for publication.      27.2(1)   The director may compile and make available for publication a list of names, with last-known addresses and amounts of indebtedness owed to or being collected by the state if the indebtedness is subject to the centralized debt collection procedure established in Iowa Code section 421.17(27) and 421.17(34). The director may determine when to compile the list.    27.2(2)   Names selected for release for publication shall be based on the records of the centralized collections unit. The director will not include the names of persons who owe less than $100 or the threshold amounts determined by the director. The threshold amounts may vary by the debt types being collected by the centralized collections unit. The director may withhold names from publication if, in the director’s opinion, publication would not assist in the collection of the debt.    27.2(3)   The director will not release for publication names of persons who have entered into a payment agreement with the centralized collections unit to pay the outstanding debt and are current in liquidating the debt based on the payment agreement. Upon entering a payment agreement with the centralized collections unit, the name of the party will be removed from publication within 60 days if the person is current in paying on the payment plan. This rule does not prevent the department from disclosing information under a provision of law other than Iowa Code section 421.17(27)“i.”

    701—27.3(421) Release of information.  The director may release the information, as the director deems necessary, as follows:
    1. The director may issue an announcement describing the manner in which a copy of the list of names for publication may be obtained. The director will make the list available in an electronic medium of the director’s choice.
    2. The director may release to credit reporting agencies the names selected for release for publication upon request. The names are to be released in the same electronic medium as the names are released for publication.
           These rules are intended to implement Iowa Code section 421.17.
    ARC 7144CRevenue Department[701]Notice of Intended Action

    Proposing rulemaking related to definitions and providing an opportunity for public comment

        The Revenue Department hereby proposes to rescind Chapter 200, “Definitions,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code sections 421.14, 422.68 and 423.42.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code sections 423.1, 423.2, 423.3, 423.6 and 423.45.Purpose and Summary    The purpose of this proposed rulemaking is to readopt Chapter 200, which consists solely of rule 701—200.1(423) and provides definitions that apply across other sales tax rules chapters. These terms are used throughout other Iowa Administrative Code chapters, but are not defined in statute. The Department proposes revisions to the rule to remove portions of the rule that the Department determined are unnecessary and duplicative of statutory language.    A Regulatory Analysis, including the proposed rule text, was published on October 4, 2023. A public hearing was held on October 25, 2023. No public comments on the Regulatory Analysis were received at the hearing or in writing. The Administrative Rules Coordinator provided preclearance for publication of this Notice of Intended Action on November 9, 2023.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking 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 rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 2, 2024. Comments should be directed to: Nick Behlke Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306-3457 Phone: 515.336.9025 Email: nick.behlke@iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 3, 2024 9 to 11 a.m. Via video/conference call January 3, 2024 1 to 3 p.m. Via video/conference call     Persons who wish to participate in a video/conference call should contact Nick Behlke before 4:30 on January 2, 2024, to facilitate an orderly hearing. A video link will be provided to participants prior to the hearing.    Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Rescind 701—Chapter 200 and adopt the following new chapter in lieu thereof: CHAPTER 200TITLE IIISALES, USE, AND EXCISE TAXDEFINITIONS[Prior to 9/7/22, see Revenue Department[701] Ch 211]

    701—200.1(423) Definitions.   The definitions set out in this chapter are applicable wherever the terms they define appear in this title unless the context indicates otherwise.        "Agricultural production" is limited to what would ordinarily be considered a farming operation undertaken for profit. The term “agricultural production” refers to the raising of crops or livestock for market on an acreage. Included within the meaning of the phrase “agricultural production” is any feedlot operation whether or not the land upon which a feedlot operation is located is used to grow crops to feed the livestock in the feedlot and regardless of whether or not the livestock fed are owned by persons conducting the feedlot operation, and operations growing and raising hybrid seed corn or other seed for sale to nurseries, ranches, orchards, and dairies. “Agricultural production” includes the raising of flowering, ornamental, or vegetable plants in commercial greenhouses or elsewhere for sale in the ordinary course of business. “Agricultural production” also includes any kind of aquaculture, silviculture, commercial greenhouses, and raising catfish. Beekeeping and the raising of mink, other nondomesticated furbearing animals, and nondomesticated fowl (other than ostriches, rheas, and emus) continue to be excluded from the term “agricultural production.” The above list of exclusions and inclusions within the term “agricultural production” is not exhaustive. “Agricultural products” includes flowering, ornamental, or vegetable plants and those products of aquaculture and silviculture.        "Aquaculture" means the cultivation of aquatic animals and plants, including fish, shellfish, and seaweed, in natural or controlled marine or freshwater environments.        "Chemical" means a substance that is primarily used for producing a chemical effect. A chemical effect results from a chemical process wherein the number and kind of atoms in a molecule are changed in form (e.g., where oxygen and hydrogen are combined to make water). A chemical process is distinct from a physical process wherein only the state of matter changes (e.g., where water is frozen into ice or heated into steam).        "Domesticated fowl" means any domesticated bird raised as a source of food, either eggs or meat. “Domesticated fowl” includes, but is not limited to, chickens, ducks, turkeys, pigeons, ostriches, rheas, and emus that are raised for meat rather than for racing or as pets. Excluded from the meaning of “domesticated fowl” are nondomesticated birds, such as pheasants, raised for meat or any other purpose.        "Livestock" means domestic animals that are raised on a farm as a source of food or clothing. “Livestock” includes cattle, sheep, hogs, goats, chickens, ducks, turkeys, ostriches, rheas, emus, bison, and farm deer. “Farm deer” means the same as defined in Iowa Code section 170.1 and commonly includes animals belonging to the Cervidae family, such as fallow deer, red deer or elk and sika. However, “farm deer” does not include unmarked free-ranging elk. Fish and any other animals that are products of aquaculture are considered to be “livestock” as well.Excluded from the term “livestock” are horses, mules, other draft animals, dogs, cats, and other pets. Also excluded from the term “livestock” are mink, bees, or other nondomesticated animals even if raised in captivity and even if raised as a source of food or clothing. Also excluded from “livestock” is any animal raised for racing.        "Plants" means fungi such as mushrooms and crops commonly grown in this state such as corn, soybeans, oats, hay, alfalfa hay, wheat, sorghum, and rye. Also included within the meaning of the term “plants” are flowers, shrubs, and fruit trees. Excluded from the meaning of the term “plants” are products of silviculture, such as trees raised for Christmas trees and any trees raised to be harvested for wood.        "Reagent" means a substance used for various purposes (i.e., in detecting, examining, or measuring other substances; in preparing materials; in developing photographs) because it takes part in one or more chemical reactions or biological processes. A reagent is also a substance used to convert one substance into another by means of the reaction that it causes. To be a reagent for purposes of the exemption, a substance must be primarily used as a reagent.        "Silviculture" means the establishment, growth, care, and cultivation of trees. “Silvicultural activities” includes logging. “Silvicultural products” includes trees raised and offered for sale for Christmas trees and any trees raised to be harvested for wood.        "Solvent" means a substance in which another substance can be dissolved and that is primarily used for that purpose.        "Sorbent" means a solid material, often in a powder or granular form, that acts to retain another substance, usually on the sorbent’s surface, thereby removing the other substance from the gas or liquid phase. The sorbent and the second material bond together at the molecular or atomic scale via physiochemical interactions. A substance is not a sorbent based on an ability to absorb heat or thermal energy.        "Tax" means the tax imposed upon retail sales or use of tangible personal property, specified digital products, or taxable services.       This rule is intended to implement Iowa Code chapter 423.
    ARC 7171CRevenue Department[701]Notice of Intended Action

    Proposing rulemaking related to sales and use tax permits and providing an opportunity for public comment

        The Revenue Department hereby proposes to rescind Chapter 201, “Sales and Use Tax Permits,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code sections 421.14, 423.25, 423.36 and 423.42.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code sections 252J.7, 421.17, 423.2, 423.36 and 423.40.Purpose and Summary    The purpose of this proposed rulemaking is to rescind Chapter 201 and adopt a new Chapter 201 related to sales and use tax permits. Chapter 201 describes the requirements surrounding sales and use tax permits. The rules in this chapter are intended to help the public understand how to obtain a permit and what is required to obtain one. The citation in subrule 201.2(3) to 701—Chapter 19 refers to a chapter that was recently adopted in a separate rulemaking, ARC 7101C.    A Regulatory Analysis, including the proposed rule text, was published on October 18, 2023. A public hearing was held on November 8, 2023. No public comments on the Regulatory Analysis were received at the hearing or in writing. The Administrative Rules Coordinator provided preclearance for publication of this Notice of Intended Action on November 21, 2023.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking 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 rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 2, 2024. Comments should be directed to: Nick Behlke Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306-3457 Phone: 515.336.9025 Email: nick.behlke@iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 3, 2024 9 to 11 a.m. Via video/conference call January 3, 2024 1 to 3 p.m. Via video/conference call     Persons who wish to participate in a video/conference call should contact Nick Behlke before 4:30 p.m. on January 2, 2024, to facilitate an orderly hearing. A video link will be provided to participants prior to the hearing.    Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Rescind 701—Chapter 201 and adopt the following new chapter in lieu thereof: CHAPTER 201SALES AND USE TAX PERMITS[Prior to 7/13/22, see 701—Chapter 13]

    701—201.1(423) Permit required.      201.1(1) Permit requirement.  A person shall not make taxable sales of tangible property, specified digital products, or services until the person has received a permit from the department.     201.1(2) Purchases subject to use tax.  A person liable for use tax under Iowa Code section 423.34 is required to file a sales and use tax return with the department, reporting and remitting use tax on all property or taxable service purchased for use in Iowa during the tax period covered by the return, unless the seller from whom the purchase is made is registered with the department and has collected sales or use tax on the purchase.    201.1(3) Sales subject to use tax.  A remote seller as defined in rule 701—207.1(423) making sales into Iowa or sales of tangible personal property, specified digital products, or taxable services without meeting or exceeding the sales threshold as defined in rule 701—207.1(423) may register for a sales and use tax permit to collect use tax on such sales. The person collecting use tax on these sales shall report these sales as sales subject to use tax on the sales and use tax return. Rule 701—207.6(423) contains additional information about sales tax collection obligations for out-of-state persons.    201.1(4) Infrequent purchases.  A person who does not regularly make purchases subject to use tax but needs to remit tax may use the Iowa non-permit use tax return available via GovConnectIowa or by other means as prescribed by the department. If a person owes less than $1,200 per year in use tax, the person does not need to obtain a permit and may file the Iowa non-permit use tax return.       This rule is intended to implement Iowa Code section 423.36.

    701—201.2(423) Application for permit.      201.2(1) Permit application.      a.    An application for a sales and use tax permit shall be made via GovConnectIowa or by other means prescribed by the department, and the applicant shall furnish all information requested on such form. An application for a permit for a business operating under a trade name shall state the trade name, as well as the individual owner’s name, in the case of a sole proprietorship by an individual, or the trade name and the name of all partners in the case of a partnership. The application shall state the date when the applicant will begin making taxable sales from the location for which the application is made.    b.    There is no charge for a sales and use tax permit. If a person makes retail sales from more than one location, each location from which taxable sales of tangible personal property, specified digital products, or services will occur shall be required to hold a permit.    201.2(2) Signatures required.      a.    Applications.The application shall be signed by the owner in the case of a sole proprietorship or a single-member LLC, or otherwise by an individual authorized to act on behalf of the business under rule 701—7.6(17A,22,421,422).     b.    Electronic applications.For electronically transmitted applications, the signature must comply with rule 701—8.2(17A,421) unless more specified requirements are described on the form.     201.2(3) Retroactive permits and returns for prior periods.  A person may indicate on a permit application that the effective date of the permit is in a prior tax period. Returns must be filed for all prior tax periods dating back to the effective date of the permit. Penalty and interest applies pursuant to Iowa Code sections 421.27 and 423.40. Submission of a retroactive permit application makes a person ineligible for a voluntary disclosure agreement for those prior tax periods and does not prohibit the department from enforcing provisions of Iowa Code section 423.40 if applicable. 701—Chapter 19 contains more information about the voluntary disclosure program.    201.2(4) Address only required for retail sales locations.  If a person is subject to sales tax and has physical presence or economic presence and is not making sales exclusively through a marketplace facilitator, the person shall provide a location for its sales and use tax permit.    201.2(5) Seasonal filers.  A seasonal business retailer with sales in up to four months during the calendar year may register to file a return and remit tax as a seasonal filer. The retailer will be expected to only file returns for the specific months in which the retailer conducts business as indicated by the retailer upon registration. The retailer will not be expected to file a return or remit tax for the other months of the year. Like any other retailer, the seasonal retailer must still notify the department when it ceases operation permanently; if it does not, it will receive a nonfiler notice from the department.       This rule is intended to implement Iowa Code section 423.36.

    701—201.3(423) Retailers selling nontaxable goods and services.  Persons regularly engaged in selling tangible personal property or a specified digital product that is exempt from tax, making nontaxable transactions, or performing a service that is not enumerated in Iowa Code section 423.2 shall not be required to obtain a sales tax permit. However, if the retailer makes taxable sales or provides taxable services, the retailer will be required to hold a permit under the provisions of this chapter and Iowa Code section 423.36.       This rule is intended to implement Iowa Code section 423.36.

    701—201.4(423) Obtaining a new permit after voluntarily canceling a prior permit.  A person who previously held and canceled a permit who wishes to re-engage in business shall apply to the department for a new permit and file any previously unfiled tax returns. Upon receipt of the proper clearance for previous tax returns, a new permit may be issued if the relevant persons described in Iowa Code section 423.36 are not substantially delinquent in paying any tax due that is administered by the department.       This rule is intended to implement Iowa Code section 423.36.

    701—201.5(423) Permit not transferable—sale of business.  If a permit is held by a single-member LLC or a sole proprietor, the permit is not transferable. An entity that is not a single-member LLC or a sole proprietorship may, upon the sale of the business, transfer its permit to a new owner that is not a single-member LLC or a sole proprietorship.       This rule is intended to implement Iowa Code section 423.36.

    701—201.6(423) Change of location.  A business changing its location shall cancel its original permit and apply for a new permit. If a business does not have a stationary location, the business shall report its mailing address as its location.       This rule is intended to implement Iowa Code section 423.36.

    701—201.7(423) Change of ownership or business organization.      201.7(1) Change of business entity.  A retailer changing its business entity shall apply for a new permit under the name of the new entity. This includes but is not limited to such entity changes as proprietorship to partnership, partnership to corporation, or any combination thereof.     201.7(2) Change of ownership.  A business that changes ownership shall cancel its permit and reapply with the new federal employer identification number (FEIN).        This rule is intended to implement Iowa Code section 423.36.

    701—201.8(423) Change of legal or operating name of a business.      201.8(1) Change to legal name.  A retailer changing its legal name but maintaining its ownership may continue to use its existing sales and use tax permit. The retailer shall notify the department of the change in legal name and shall provide any form of documentation requested by the department proving the change in name before the department will change the legal name for the permit.    201.8(2) Change to operating name.  A retailer changing its operating, or “doing business as,” name may continue using its existing sales and use tax permit. The retailer shall notify the department of the change in operating name. The department may require any documentation to update the operating name associated with the permit.       This rule is intended to implement Iowa Code section 423.36.

    701—201.9(423) Trustees, receivers, executors and administrators.  By virtue of their appointment, trustees, receivers, executors and administrators who continue to operate, manage or control a business involving the sale of tangible personal property, specified digital products, or taxable services or engage in liquidating the assets of a business by means of sales made in the usual course of trade shall collect and remit tax on inventory and non-inventory items. A permit of a ward, decedent, cestui que trust, bankrupt, assignor or debtor for whom a receiver has been appointed, which is valid at the time a fiduciary relation is created, shall continue to be a valid permit for the fiduciary to continue the business for a reasonable time or to close out the business for the purpose of settling an estate or terminating or liquidating a trust or receivership.       This rule is intended to implement Iowa Code section 423.36.

    701—201.10(423) Substantially delinquent tax—denial of permit.      201.10(1) Substantial delinquency factors.  For purposes of Iowa Code section 423.36, the department will consider the following nonexclusive factors when considering whether an applicant is substantially delinquent in paying a tax such that a permit application will be denied:
    1. The amount of tax delinquent.
    2. The number of filing periods for which a tax remains due and unpaid.
    3. The length of time a tax has been unpaid.
    4. The amount of tax, interest, or penalty owed in relation to the applicant’s total financial resources.
    5. Additional factors, which may be considered based on the specific facts and circumstances of each application.
        201.10(2) Child support noncompliance.  The department will deny a permit to any applicant or permittee who is an individual if the department has received a certificate of noncompliance from the child support recovery unit in regard to the individual, until the unit furnishes the department with a withdrawal of the certificate of noncompliance. The department will not deny a permit to any applicant that is an entity if the department has received a certificate of noncompliance from the child support recovery unit in regard to an individual who is an owner or officer of the entity.       This rule is intended to implement Iowa Code section 252J.7 and 423.36.

    701—201.11(423) Substantially delinquent tax—revocation of permit.      201.11(1) Substantial delinquency of tax.  The department may revoke a permit if the permit holder has become substantially delinquent in paying any tax that is administered by the department or the interest or penalty on the tax. The department will consider the nonexclusive factors set forth in subrule 201.10(1) to determine whether there is a substantial delinquency.     201.11(2) Child support noncompliance.  The holder of a revoked permit will not be permitted to obtain a new permit if the department has received a certificate of noncompliance from the child support recovery unit in regard to the permit holder who is an individual requesting reinstatement, until the unit furnishes the department with a withdrawal of the certificate of noncompliance. The department will not revoke a permit from an entity if the department has received a certificate of noncompliance from the child support recovery unit in regard to an individual who is an owner or officer of the entity.       This rule is intended to implement Iowa Code section 423.36.

    701—201.12(423) Obtaining a new permit after revocation.      201.12(1)   If a taxpayer’s permit is revoked, the taxpayer may apply for a new permit. The new permit application will be granted or denied based on terms and conditions set forth by the department. Terms and conditions include payment of any tax liability that may be due to the department.     201.12(2)   Upon revocation of a sales and use tax permit, the taxpayer will be required to pay all delinquent tax liabilities, to file returns, and to refrain from taxable occurrences under Iowa Code section 423.2 prior to the issuance of a new sales tax permit, and the director may require the taxpayer to post a bond.    201.12(3)   The director may impose a waiting period during which the person must refrain from taxable occurrences pursuant to the penalties of Iowa Code section 423.40, not to exceed 90 days, to issue a new permit after a revocation. The department may require a sworn affidavit, under penalty of perjury, stating that the person has fulfilled all requirements of said order of revocation and stating the dates on which the person refrained from taxable occurrences.    201.12(4)   Each of the following situations will be considered one offense, for the purpose of determining the waiting period to reinstate a revoked permit or issue a new permit after a revocation, unless otherwise noted:    a.    Failure to post a bond as required.    b.    Failure to file a return timely.    c.    Failure to pay tax timely (including dishonored checks, failure to pay, and late payments).    d.    Failure to file a return and pay tax shown on the return timely (counts as two offenses).    201.12(5)   The administrative law judge or director of revenue may order a waiting period after the revocation not to exceed:    a.    Five days for one through five offenses.    b.    Seven days for six through seven offenses.    c.    Ten days for eight through nine offenses.    d.    Thirty days for ten offenses or more.    201.12(6)   The administrative law judge or director of revenue may order a waiting period not to exceed:    a.    Forty-five days if the second revocation occurs within 24 months of the first revocation.    b.    Sixty days if the second revocation occurs within 18 months of the first revocation.    c.    Ninety days if the second revocation occurs within 12 months of the first revocation.    d.    Ninety days if the third revocation occurs within 36 months of the second revocation.    201.12(7)   A new permit will not be issued following revocation if the department has received a certificate of noncompliance from the child support recovery unit in regard to the permit holder until the unit furnishes the department with a withdrawal of the certificate of noncompliance. The department will not deny a permit to any applicant that is an entity if the department has received a certificate of noncompliance from the child support recovery unit in regard to an individual who is an owner or officer of the entity.        This rule is intended to implement Iowa Code sections 423.2, 423.36, and 423.40.

    701—201.13(423) Administrative cancellation of permit.  The department may cancel a permit upon verification by the department that the permit is no longer in use.        This rule is intended to implement Iowa Code section 421.17(37).
    ARC 7145CRevenue Department[701]Notice of Intended Action

    Proposing rulemaking related to elements included in and excluded from a taxable sale and sales price and providing an opportunity for public comment

        The Revenue Department hereby proposes to rescind Chapter 203, “Elements Included in and Excluded From a Taxable Sale and Sales Price,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code sections 421.14, 422.68 and 423.42.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code sections 423.1, 423.2, 423.3 and 423.24.Purpose and Summary    The purpose of this proposed rulemaking is to readopt Chapter 203. The Department proposes revisions to the chapter to remove portions of the rules that the Department determined are obsolete, unnecessary, or duplicative of statutory language. The chapter describes the Department’s interpretation of the underlying statutes to help the public understand elements included in and excluded from a taxable sale. These rules reduce uncertainty about what constitutes sales price.    A Regulatory Analysis, including the proposed rule text, was published on October 4, 2023. A public hearing was held on October 25, 2023. No public comments on the Regulatory Analysis were received at the hearing or in writing. The Administrative Rules Coordinator provided preclearance for publication of this Notice of Intended Action on November 9, 2023.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking 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 rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 2, 2024. Comments should be directed to: Nick Behlke Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306-3457 Phone: 515.336.9025 Email: nick.behlke@iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 3, 2024 9 to 11 a.m. Via video/conference call January 3, 2024 1 to 3 p.m. Via video/conference call     Persons who wish to participate in a video/conference call should contact Nick Behlke before 4:30 p.m. on January 2, 2024, to facilitate an orderly hearing. A video link will be provided to participants prior to the hearing.    Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Rescind 701—Chapter 203 and adopt the following new chapter in lieu thereof: CHAPTER 203ELEMENTS INCLUDED IN AND EXCLUDED FROM A TAXABLE SALE AND SALES PRICE[Prior to 9/7/22, see Revenue Department[701] Ch 212]

    701—203.1(423) Tax not to be included in price.  When a retailer prices an article for retail sale and displays or advertises the same to the public with that price marked, the price so marked or advertised shall include only the sales price of such article unless it is stated on the price tag that the price includes tax.This rule does not prohibit advertising or displaying the sale price plus tax or the price including tax, as shown in the following examples:“This dress—$10 plus tax” or “This dress—$10.70 including tax.”When a retailer conspicuously advertises in such manner and position so that it may be readily seen and read by the public that the price “includes tax,” the retailer will be allowed to determine sales price by dividing the total of such retailer’s price which includes tax by the applicable percentage. For example, a retailer in a jurisdiction that has the state sales tax rate of 6 percent plus a 1 percent local option tax would use a factor of 107 percent.However, where an invoice is given to the purchaser as a part of the sale, either the invoice must show the tax separately from the retailer’s price or it must be stated on each invoice that tax is included in the retailer’s price. If the invoice states “tax included,” the seller may determine sales price by the applicable percent method described above. It shall be the responsibility of the retailer that uses or has used the applicable percent method for reporting to provide proof that the retailer has complied with the method of advertising or displaying the retailer’s price, as described above.       This rule is intended to implement Iowa Code sections 423.14 and 423.24.

    701—203.2(423) Finance charge.  Interest or other types of additional charges that result from selling on credit or under installment contracts are not subject to sales tax when such charges are separately stated and when such charges are in addition to an established cash sales price. However, if finance charges are not separately stated and a sale is made for a lump sum amount, the tax is due on the total retailer’s price.When interest and other types of additional charges are added as a condition of a sale in order to obtain title rather than as a charge to obtain credit where title to goods has previously passed, such charges will be subject to tax even though they may be separately stated. More information is contained in rule 701—213.3(423), relating to conditional sales contracts.       This rule is intended to implement Iowa Code section 423.1(51).

    701—203.3(423) Retailers’ discounts, trade discounts, rebates and coupons.      203.3(1) Retailers’ discounts.  A retailer’s discount reduces the retailer’s price of a property or service with the remainder being the actual sales price of the goods charged in the account. The purchaser entitled to the discount will never owe the retailer’s price as a debt, the debt being the sales price after the agreed discount has been deducted. The word “discount” means “to buy at a reduction.” Any discount a retailer allows that reduces a retailer’s price to a sales price is a proper deduction when collecting and reporting tax. This is not the case when the retailer offers a discount to a purchaser but bills and collects tax on the retailer’s price rather than on the sales price. The customer must receive the benefit of the discount, for sales tax purposes, in order for the retailer to exclude the discount from the sales price when collecting and reporting tax.Certain retailers bill their customers on a gross and net basis, with the difference considered to be a discount for payment purposes. When a customer does not resolve the bill within the net payment period, tax shall apply on the gross charge shown on the billing, the gross charge having become the taxable sales price by virtue of the customer’s failure to take the action, which allows the discount to be taken.    203.3(2) Rebates.  A “rebate” is a return of part of an amount paid for a product. Manufacturers’ rebates are not discounts and cannot be used to reduce the sales price received from a sale or to reduce the purchase price of a product. This subrule applies even though the rebate is used by the retailer to reduce the retailer’s price to a sales price or is used by the purchaser as a down payment. The rebate is considered a transaction between the manufacturer and the purchaser.     203.3(3) Coupons.  Coupons issued by the producer of a product are not discounts and cannot be used as an abatement from the retailer’s price of the product. Coupons issued by the retailer that actually reduce the price of the product to the purchaser are treated as a discount as provided in subrule 203.3(1).     203.3(4) Trade discounts.  A “trade discount” is a discount from a seller’s list price that is offered to a class or category of customer, e.g., retailers or wholesalers. Trade discounts given or allowed by manufacturers, distributors, or wholesalers to retailers or by manufacturers or distributors to wholesalers and payments made by manufacturers, distributors, or wholesalers directly to retailers or by manufacturers or distributors to wholesalers to reduce the sales price of a manufacturer’s, distributor’s, or wholesaler’s product (e.g., cigarettes) or to promote the sale or recognition of the manufacturer’s, distributor’s, or wholesaler’s product are not to be included in any taxable sales price. This subrule does not apply to coupons issued by manufacturers, distributors, or wholesalers to consumers; more information is contained in subrule 203.3(3).       This rule is intended to implement Iowa Code section 423.1(51).

    701—203.4(423) Excise tax included in and excluded from sales price.      203.4(1)   An excise tax that is not an Iowa sales or use tax may be excluded from the sales price or purchase price of the sale or use of property or taxable services only if all of the following conditions exist:    a.    The excise tax is imposed upon the identical sales price on which the Iowa sales tax is imposed or upon the purchase price that measures the amount of taxable use or upon a use identical to the Iowa taxable use and not upon some event or activity that precedes or occurs after the sale or use.    b.    The legal incidence of the excise tax falls upon the purchaser who is also responsible for payment of the Iowa sales tax. The purchaser must be obligated to pay the excise tax either directly to the government in question or to another person (e.g., the retailer) who acts as a collector of the tax. Gurley v. Rhoden, 421 U.S. 200, 95 S. Ct. 1605, 44 L.Ed.2d 110 (1975) contains a description of the circumstances under which the legal, as opposed to the economic, burden of an excise tax falls upon the purchaser.    c.    The name of the excise tax is specifically stated, and the amount of the excise tax is separately set out on the invoice, bill of sale, or another document that embodies a record of the sale.    203.4(2)   The following federal excise taxes are to be included in the sales price upon which Iowa sales tax is to be paid for purposes of collecting Iowa sales tax:    a.    The federal gallonage taxes imposed by 26 U.S.C. Sections 5001, 5041, and 5051 on distilled spirits, wines, and beer.    b.    The tax imposed by 26 U.S.C. Section 5701 with regard to cigars, cigarettes, cigarette papers and tubes, smokeless tobacco, and pipe tobacco.    c.    The federal tax imposed under 26 U.S.C. Section 4081 on gasoline.    203.4(3)   The following excise taxes are excluded from the amount of the sales price:    a.    The federal tax imposed by 26 U.S.C. Section 4251(a) on the communication services of local telephone service, toll telephone service, and teletypewriter exchange service.    b.    The federal tax imposed by 26 U.S.C. Section 4051 upon the first retail sale of automobile and truck chassis and bodies, truck trailer and semitrailer chassis and bodies and tractors of the kind chiefly used for highway transportation in combination with trailers or semitrailers.       This rule is intended to implement Iowa Code section 423.1(51).

    701—203.5(423) Trade-ins.      203.5(1)   Trade-ins.    a.    When tangible personal property is traded toward the purchase price of other tangible personal property, the sales price shall be only that portion of the purchase price that is payable in money to the retailer if the conditions in paragraph 203.5(1)“b” are met.    b.    The tangible personal property is traded to a retailer, the property traded is the type normally sold in the regular course of the retailer’s business and either subparagraph 203.5(1)“b”(1) or 203.5(1)“b”(2) is true.    (1)   The tangible personal property traded to a retailer is intended by the retailer to be ultimately sold at retail; or    (2)   The tangible personal property traded to a retailer is intended to be used by the retailer or another in the remanufacturing of a like item.Several months later, Hometown Appliance sells the used refrigerator it received from Customer A to the local school district, which is exempt from sales tax on its purchase. The trade-in provision on the original transaction is still applicable because both conditions in paragraph 203.5(1)“b” and subparagraph 203.5(1)“b”(1) were met. The sale is “at retail,” even if the sales price is exempt from tax.    203.5(2)   All the provisions of subrule 203.5(1) apply to the trade-in of vehicles subject to registration when the trade involves retailers of vehicles.When vehicles subject to registration are traded among persons who are not retailers of vehicles subject to registration, the conditions set forth in subrule 203.5(1) need not be met. The purchase price is only that portion of the purchase price represented by the difference between the total purchase price of the vehicle subject to registration acquired and the value of the vehicle subject to registration traded.This rule applies only when a vehicle is traded for tangible personal property, regardless of whether the transaction is between a retailer and a nonretailer or between two nonretailers. The vehicle traded in must be owned by the person(s) trading in the vehicle. It is presumed that the name or names indicated on the title of the vehicle dictate ownership of the vehicle as set forth in Iowa Code chapter 321.    203.5(3)   Trade for services or specified digital products. The trade-in provisions referenced in Iowa Code section 423.1(51) and found in Iowa Code section 423.3(59) do not apply to taxable enumerated services or specified digital products. When taxable enumerated services or specified digital products are traded, the sales price would be determined based on the value of the service or specified digital products or other consideration.    203.5(4)   Three-way trade-in transactions. In a three-way trade-in transaction, the agreement provides that a lessee sells to a third-party dealer a vehicle (or other tangible personal property) that the lessee owns. The lessor then purchases another vehicle from the third-party dealer at a reduced price and leases the vehicle to the lessee. The difference between the reduced sale price and retail price of the vehicle is not allowed as a trade-in on the vehicle for use tax purposes.       This rule is intended to implement Iowa Code sections 423.1(51) and 423.3(59).

    701—203.6(423) Installation charges when tangible personal property is sold at retail.  When the sale of tangible personal property includes a charge for installation of the personal property sold, the current rate of tax shall be measured on the entire sales price from the sale. The installation charges would not be taxable if the installation service is not an enumerated service, and where a sales agreement exists, the installation charges are separately contracted. If the written contract contains no provisions separately itemizing such charges, tax is due on the full contract price with no deduction for installation charges, whether or not such installation charges are itemized separately on the invoice.If the installation services are enumerated services, the installation charges would not be taxable if (1) the services are exempt from tax (e.g., the services are performed on or connected with new construction, reconstruction, alteration, expansion or remodeling of a building or structure) or the services are rendered in connection with the installation of new industrial machinery or equipment, and (2) where a sales agreement exists, the installation charges are separately contracted. If the written contract contains no provisions separately itemizing such charges, tax is due on the full contract price with no deduction for installation charges, whether or not such installation charges are itemized separately on the invoice. If no written contract exists, the installation charges must be separately itemized on the invoice to be exempt from tax. More information is contained in rule 701—219.13(423).       This rule is intended to implement Iowa Code section 423.1(51).

    701—203.7(423) Service charge and gratuity.  When the purchase of any food, beverage or meal automatically and invariably results in the inclusion of a mandatory service charge to the total price for such food, beverage or meal, the amounts so included shall be subject to tax. The term “service charge” means either a fixed percentage of the total price of or a charge for food, a beverage or a meal.The mandatory service charge shall be considered: (1) a required part of a transaction arising from a taxable sale and a contractual obligation of a purchaser to pay to a vendor a charge arising directly from and as a condition of the making of the sale and (2) a fixed labor cost included in the price for food, a beverage or a meal even though such charge is separately stated from the charge for the food, beverage or meal.When a gratuity is voluntarily given for food, a beverage or a meal, it shall be considered a tip and not subject to tax.        This rule is intended to implement Iowa Code sections 423.1(51) and 423.2(1).

    701—203.8(423) Payment from a third party.  The sales price from the sales of tangible personal property, services, or enumerated services includes consideration received by the seller from third parties. The following conditions shall apply:    203.8(1)   The seller actually receives consideration from a party other than the purchaser, and the consideration is directly related to a price reduction or discount on the sale;    203.8(2)   The seller has an obligation to pass the price reduction or discount through to the purchaser;    203.8(3)   The amount of the consideration attributable to the sale is fixed and determinable by the seller at the time of the sale of the item to the purchaser; and    203.8(4)   One of the following criteria is met:    a.    The purchaser presents a coupon, certificate or other documentation to the seller to claim a price reduction or discount where the coupon, certificate or documentation is authorized, distributed or granted by a third party with the understanding that the third party will reimburse any seller to whom the coupon, certificate or documentation is presented;    b.    The purchaser self-identifies to the seller as a member of a group or organization entitled to a price reduction or discount (a “preferred customer” card that is available to any patron does not constitute membership in such a group); or    c.    The price reduction or discount is identified as a third-party price reduction or discount on the invoice received by the purchaser or on a coupon, certificate or other documentation presented by the purchaser.       This rule is intended to implement Iowa Code chapter 423.
    ARC 7146CRevenue Department[701]Notice of Intended Action

    Proposing rulemaking related to rules necessary to implement the streamlined sales and use tax agreement and providing an opportunity for public comment

        The Revenue Department hereby proposes to rescind Chapter 204, “Rules Necessary to Implement the Streamlined Sales and Use Tax Agreement,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code sections 421.14, 422.68 and 423.42.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code chapter 423, subchapter IV.Purpose and Summary    The purpose of this proposed rulemaking is to readopt Chapter 204. The Department proposes revisions to the chapter to remove portions of the rules that the Department determined are obsolete or unnecessary or that duplicate statutory language. Iowa has been a member of the Streamlined Sales Tax Governing Board and a party to the Streamlined Sales and Use Tax Agreement (SSUTA) since October 1, 2005. The goal of the SSUTA is to maintain uniformity of definitions of certain sales and use tax-related terms, state and local tax bases, sourcing rules, and administration, among other features. In order to maintain compliance with the SSUTA, Iowa statutes, rules, and policies must comply with each provision of the SSUTA. Iowa Code chapter 423, subchapter VI, is the Uniform Sales and Use Tax Act Administration, which outlines Iowa’s intent to enter into the SSUTA to simplify and modernize sales and use tax administration in order to substantially reduce the burden of tax compliance for sellers. Chapter 204 contains rules interpreting the Uniform Sales and Use Tax Act Administration and additional rules necessary to maintain compliance with the SSUTA and help the public understand tax policies that Iowa has adopted as part of implementing the SSUTA.    A Regulatory Analysis, including the proposed rule text, was published on October 4, 2023. A public hearing was held on October 25, 2023. No public comments on the Regulatory Analysis were received at the hearing or in writing. The Administrative Rules Coordinator provided preclearance for publication of this Notice of Intended Action on November 9, 2023.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking 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 rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 2, 2024. Comments should be directed to: Nick Behlke Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306-3457 Phone: 515.336.9025 Email: nick.behlke@iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 3, 2024 9 to 11 a.m. Via video/conference call January 3, 2024 1 to 3 p.m. Via video/conference call     Persons who wish to participate in a video/conference call should contact Nick Behlke before 4:30 p.m. on January 2, 2024, to facilitate an orderly hearing. A video link will be provided to participants prior to the hearing.     Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Rescind 701—Chapter 204 and adopt the following new chapter in lieu thereof: CHAPTER 204RULES NECESSARY TO IMPLEMENT THE STREAMLINED SALES AND USE TAX AGREEMENT[Prior to 9/7/22, see Revenue Department[701] Ch 240]

    701—204.1(423) Allowing use of the lowest tax rate within a database area and use of the tax rate for a five-digit area when a nine-digit zip code cannot be used.  Any database maintained by the department that displays tax rates and tax jurisdictional boundaries based on either a five-digit or nine-digit zip code system shall, if an area encompassing one zip code has two or more rates of tax, provide to retailers a means of identifying and applying the lowest rate within the area for use in computing tax due. If a nine-digit zip code designation is not available for a street address or if a seller is unable to determine the nine-digit zip code designation of a purchaser after exercising due diligence to determine the designation, the seller may apply the lowest rate for the five-digit zip code area.       This rule is intended to implement Iowa Code section 423.55.

    701—204.2(423) Permissible categories of exemptions.      204.2(1) Definitions.          "Entity-based exemption" means an exemption based on who purchases the product or who sells the product.        "Product-based exemption" means an exemption based on the description of the product and not based on who purchases the product or how the purchaser intends to use the product.        "Use-based exemption" means an exemption based on the purchaser’s use of the product.    204.2(2) Product-based exemptions.  Iowa will enact a product-based exemption without restriction only if the agreement does not have a definition for the product or for a term that includes the product. If the agreement has a definition for the product or for a term that includes the product, Iowa will exempt all items included within the definition but will not exempt only part of the items included within the definition unless the agreement sets out the exemption for part of the items as an acceptable variation.    204.2(3) Entity-based and use-based exemptions.  Iowa will enact an entity-based or a use-based exemption without restriction only if the agreement has no definition for the product whose use or purchase by a specific entity is exempt or for a term that includes the product. If the agreement has a definition for the product whose use or specific purchase is exempt, Iowa will enact an entity-based or a use-based exemption that applies to that product only if the exemption utilizes the agreement’s definition of the product. If the agreement does not have a definition for the product whose use or specific purchase is exempt but has a definition for a term that includes the product, Iowa has the power to enact an entity-based or a use-based exemption for the product without restriction.       This rule is intended to implement Iowa Code chapter 423, subchapter IV.

    701—204.3(423) Requirement of uniformity in the filing of returns and remittance of funds.  Any model 1, 2, or 3 seller may submit its sales or use tax returns in a simplified format that does not include more data fields than permitted by the governing board. The department will require only one remittance for each return except as otherwise allowed by the agreement. If any additional remittance is required, it will only be required from sellers that have collected more than $30,000 in sales and use taxes in Iowa during the preceding calendar year. The amount of the additional remittance shall be determined through a calculation method rather than actual collections and shall not require the filing of an additional return.       This rule is intended to implement Iowa Code chapter 423, subchapter IV.

    701—204.4(423) Allocation of bad debts.  If a seller is entitled under Iowa Code section 423.21 to deduct bad debts owed to the seller and those bad debts consist of any sales price or purchase price upon which tax has been paid to the state of Iowa as well as a state or states other than Iowa, then allocation of the bad debt is allowed. The seller must support an allocation of the bad debts between Iowa and the other state or states through the proper accounting of its books and records.       This rule is intended to implement Iowa Code chapter 423, subchapter IV.

    701—204.5(423) Purchaser refund procedures.  Iowa law allows a purchaser to seek a return of overcollected sales or use taxes from the seller who collected them. More information is contained in Iowa Code section 423.45(2). In connection with any purchaser’s request of a seller that the seller return sales or use tax alleged to have been overcollected, the seller to whom the request is directed shall be rebuttably presumed to have a reasonable business practice if, in the collection of such sales or use tax, the seller uses either a provider or a system, including a proprietary system, which is certified by this state and has remitted all taxes collected by the use of that provider system to the department, less any deductions, credits, or collection allowances.       This rule is intended to implement Iowa Code chapter 423, subchapter IV.

    701—204.6(423) Relief from liability for reliance on taxability matrix.  Iowa provides and maintains a taxability matrix in a database that is in a downloadable format approved by the governing board. All sellers and certified service providers are relieved from liability to Iowa and any jurisdiction imposing a local option tax under Iowa Code chapter 423B or 423E for having charged and collected the incorrect amount of sales or use tax resulting from the seller’s or certified service provider’s reliance on erroneous data provided by that taxability matrix.       This rule is intended to implement Iowa Code chapter 423, subchapter IV.

    701—204.7(423) Effective dates of taxation rate increases or decreases when certain services are furnished.   Certain taxable services are usually furnished over an extended period of time (e.g., utilities, janitorial, and ministorage services), and the user of such a service is billed at regular intervals (e.g., monthly or quarterly). The beginning date when a rate change is imposed on the sales price of this type of service differs, depending upon whether a rate increase or rate decrease is involved. If the rate of taxation has been increased, the beginning date of the rate change shall be the first day of the first billing period occurring on or after the effective date of the rate increase. If the rate of taxation has been decreased, the new rate shall apply to bills rendered on or after the effective date of the rate decrease.       This rule is intended to implement Iowa Code chapter 423, subchapter IV.
    ARC 7147CRevenue Department[701]Notice of Intended Action

    Proposing rulemaking related to sourcing of taxable services, tangible personal property, and specified digital products and providing an opportunity for public comment

        The Revenue Department hereby proposes to rescind Chapter 205, “Sourcing of Taxable Services, Tangible Personal Property, and Specified Digital Products,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code sections 421.14, 422.68 and 423.42.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code sections 423.2, 423.15 and 423B.5.Purpose and Summary    The purpose of this proposed rulemaking is to readopt Chapter 205. The Department proposes revisions to the chapter to remove portions of the rules that the Department determined are obsolete, are unnecessary, or are duplicative of statutory language. The chapter describes the Department’s interpretation of the underlying statute to help the public understand the sourcing of taxable services, tangible personal property, and specified digital products. These rules provide clarification about where a sale takes place in order to determine when and where Iowa sales or use tax applies.        A Regulatory Analysis, including the proposed rule text, was published on October 4, 2023. A public hearing was held on October 25, 2023. No public comments on the Regulatory Analysis were received at the hearing or in writing. The Administrative Rules Coordinator provided preclearance for publication of this Notice of Intended Action on November 9, 2023.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking 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 rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on January 2, 2024. Comments should be directed to: Nick Behlke Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306-3457 Phone: 515.336.9025 Email: nick.behlke@iowa.gov Public Hearing     Public hearings at which persons may present their views orally or in writing will be held as follows: January 3, 2024 9 to 11 a.m. Via video/conference call January 3, 2024 1 to 3 p.m. Via video/conference call     Persons who wish to participate in a video/conference call should contact Nick Behlke before 4:30 p.m. on January 2, 2024, to facilitate an orderly hearing. A video link will be provided to participants prior to the hearing.    Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.     Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Rescind 701—Chapter 205 and adopt the following new chapter in lieu thereof: CHAPTER 205SOURCING OF TAXABLE SERVICES, TANGIBLE PERSONAL PROPERTY, AND SPECIFIED DIGITAL PRODUCTS[Prior to 9/7/22, see Revenue Department[701] Ch 223]

    701—205.1(423) Definitions.  For purposes of this chapter, the following terms shall have the same definition as in Iowa Code section 423.1:        "Agreement" means the same as defined in Iowa Code section 423.1.        "Department" means the same as defined in Iowa Code section 423.1.        "First use of a service" means the same as defined in Iowa Code section 423.1.        "First use of a service performed on tangible personal property" means receiving, with the ability to use, whether or not actually used, the tangible personal property on which the taxable service was performed.         "Governing board" means the same as defined in Iowa Code section 423.1.        "Receive" "receipt," with regard to sales of services, means making “first use of services” pursuant to this chapter. For purposes of receipt of services performed on tangible personal property under rule 701—205.3(423), the location (or locations) where the purchaser (or the purchaser’s donee) regains possession or can potentially make first use of the tangible personal property on which the seller performed the service is the location (or locations) of the receipt of the service. The location where the seller performs the service is not determinative of the location where the purchaser receives the service. The terms “receive” and “receipt” do not include possession by a shipping company on behalf of the purchaser; this is treated as though the retailer delivered to the purchaser the tangible personal property on which the service was performed. When a shipping company delivers tangible personal property on which the service was performed, the service is deemed “received” where the shipping company delivers the tangible personal property to the purchaser. For the purposes of sales of personal care services, the location (or locations) where the service is performed on the purchaser (or the purchaser’s donee) is the location where the purchaser receives the service.        "Retailer" means the same as defined in Iowa Code section 423.1.        "Seller" means the same as defined in Iowa Code section 423.1.

    701—205.2(423) General sourcing rules for taxable services.  Except as otherwise provided in the agreement, retailers providing taxable services in Iowa shall source the sales of those services using the destination sourcing requirements described in Iowa Code section 423.15. In determining whether to apply the provisions of Iowa Code section 423.15 to the sale of a taxable service, it is necessary to determine the location where the result of the service is received, is first used, or could potentially be first used by the purchaser or the purchaser’s donee. The provisions of these rules do not affect the obligation of a purchaser or lessee to remit additional tax, if any, to another taxing jurisdiction based on the use of the service at another location.    205.2(1) Determining the result of a service.  Determining the location where the result of a service is received by a purchaser requires a fact-based inquiry on a case-by-case basis.The photoshoot is the result of Company Z’s service, which occurs in Okoboji, Iowa—the location where the performance of the photoshoot begins. Company Z must therefore charge Iowa sales tax and any applicable local option tax on the $2,000 charge for the photoshoot. The $1,000 charge for the photographs is a sale of tangible personal property and is sourced to Illinois—the location where the photographs are delivered. Company Z therefore does not need to charge Iowa sales tax on the $1,000 but may be responsible for collecting and remitting Illinois tax.    205.2(2) Subsequent use in Iowa.  If an Iowa purchaser is determined to owe sales tax in another state based on first use, Iowa use tax may still apply. If, subsequent to the first use in another state, the product or result of a service is used in Iowa, Iowa use tax applies. (More information can be found in Iowa Code section 423.5.)    205.2(3) Measurement of use tax due.  If tax has been imposed on the sales price of services performed on tangible personal property in another state at a rate that is less than the Iowa use tax rate, the purchaser will have to pay Iowa use tax at a rate measured by the difference between the Iowa use tax rate and the tax rate imposed in the state where the service was first used. (More information can be found in Iowa Code section 423.22.) There is no local option use tax.

    701—205.3(423) First use of services performed on tangible personal property.      205.3(1) First use of services performed on tangible personal property defined.  A service performed on tangible personal property is a service that changes some aspect of the property, such as its appearance or function. Services with respect to tangible personal property, but not necessarily performed on tangible personal property, such as inspection and appraisal, are not addressed in this rule. Except as otherwise provided in the agreement or the rules adopted by the governing board, a service performed on tangible personal property is first used at, and sourced to, the location where the customer receives, regains possession of, or can potentially make first use of, whether or not actually used, the tangible personal property on which the seller performed the service. In general, this is the location where the tangible personal property is returned to the purchaser or the purchaser’s donee.    205.3(2) Sourcing of taxable services performed on tangible personal property as applied to local option sales and services tax.  A local option sales and services tax shall be imposed on the same basis as the state sales and services tax. With respect to sourcing of taxable services performed on tangible personal property, the local option sales and services tax sourcing rules shall be the same as the destination sourcing requirements described in Iowa Code section 423.15 and as set forth in rules 701—205.1(423) and 701—205.2(423) and subrule 205.3(1). However, the location of the taxable service performed on tangible personal property shall be sourced to the taxing jurisdiction, rather than to the state, where the customer regains possession or can potentially make first use of the tangible personal property on which the seller performed the service. Iowa does not impose a local option use tax.    205.3(3) Specific examples of taxable enumerated services.  Specific examples of services performed on tangible personal property taxable in Iowa under Iowa Code section 423.2 include, but are not limited to:    a.    Alteration and garment repair;    b.    Vehicle repair and vehicle wash and wax;    c.    Boat repair;    d.    Carpentry;    e.    Roof, shingle, and glass repair;    f.    Dry cleaning, pressing, dyeing, and laundering;    g.    Electrical and electronic repair and installation;    h.    Farm implement repair of all kinds;    i.    Furniture, rug, carpet, and upholstery repair and cleaning;    j.    Gun and camera repair;    k.    Household appliance, television, and radio repair;    l.    Jewelry and watch repair;    m.    Machine repair of all kinds, including office and business machine repair;    n.    Motor repair;    o.    Motorcycle, scooter, and bicycle repair;    p.    Pet grooming;    q.    Wood preparation;    r.    Sewing and stitching;    s.    Shoe repair and shoeshine; and    t.    Taxidermy services.    205.3(4) Examples of sourcing rules for motor and machine repair.  The following examples are intended to clarify when motor and machine repair services are deemed “received.”    205.3(5) Examples of sourcing rules for the painting of tangible personal property.  The following examples are intended to clarify when the service of painting of tangible personal property is deemed “received.”    205.3(6) Example of sourcing rules for dry cleaning services.  The following example is intended to clarify when dry cleaning services are deemed “received.”    205.3(7) Example of sourcing rules for vehicle wash and wax services.  The following example is intended to clarify when vehicle wash and wax services are deemed “received.”    205.3(8) Examples of sourcing rules for animal grooming services.  The following examples are intended to clarify when animal grooming services are deemed “received.”    205.3(9) Example of local option sales and service tax sourcing rules for camera repair services.  The following example is intended to clarify when camera repair services are deemed “received.”    205.3(10) Examples of local option sales and service tax sourcing rules for bicycle repair services.  The following examples are intended to clarify when bicycle repair services are deemed “received.”

    701—205.4(423) Sourcing rules for personal care services.      205.4(1) Definition.  “Personal care services” means services that are performed on the physical human body. Examples of personal care services governed by this rule include, but are not limited to:    a.    Barber and beauty services;    b.    Massage, excluding services provided by massage therapists licensed under Iowa Code chapter 152C;    c.    Reflexology;    d.    Reducing salons; and    e.    Tanning beds and salons.    205.4(2) Sourcing of personal care services.  Except as otherwise provided in the agreement or the rules adopted by the governing board, a purchaser receives a personal care service within the meaning of subrule 205.4(1) at the location where the services are performed, which is the same location where the services are received by the purchaser (or the purchaser’s donee). The services will be received by the purchaser (or the purchaser’s donee) either at the seller’s location, pursuant to Iowa Code section 423.15(1)“a,” or at the purchaser’s (or the purchaser’s donee) location, pursuant to Iowa Code section 423.15(1)“b.”    205.4(3) Examples of sourcing of personal care services.  The following examples are intended to clarify sourcing rules for personal care services.

    701—205.5(423) Sourcing of tickets or admissions to places of amusement, fairs, and athletic events.  Sales of tickets or admissions to places of amusement, fairs, and athletic events are sourced in the same manner as services, using the destination sourcing requirements described in Iowa Code section 423.15 and as set forth in rule 701—205.2(423). Generally, the sale of a service is sourced to the location where the purchaser makes first use of the service. In the case of an event that the purchaser attends at a physical location, first use would occur at the location of the event.    205.5(1) Sales of admissions to virtual events.  First use of a ticket of admission to a virtual event occurs at the location where the attendee first participates in or accesses the event, if known to the seller. If this location is unknown, the sale is sourced pursuant to Iowa Code section 423.15(1).    205.5(2) Sales of admissions that can be used at multiple locations.  Admissions that may be used at multiple locations should be sourced to the location where the admission is purchased if the purchaser picks it up in person and it can be used at that location. If the service cannot be used at that location or the sale is made online, the sale should be sourced using the provisions of Iowa Code section 423.15 and these rules that apply when the location of first use is unknown.

    701—205.6(423) Sourcing rules for tangible personal property and specified digital products.  All sales of tangible personal property and specified digital products by sellers obligated to collect sales and use tax, except those enumerated in Iowa Code section 423.16, shall be sourced using the destination sourcing requirements described in Iowa Code section 423.15. Products received by a purchaser at a seller’s business location shall be sourced to that business location. When the retailer has the address to which the retailer or a shipping company will deliver a product to the purchaser, Iowa Code section 423.15(1)“b” applies and the sale is sourced to the delivery address. The sale of a product delivered to a shipping company is not sourced to the location of the shipping company. The terms of a sale as F.O.B. (origin) are irrelevant for purposes of sourcing a sale. More information can be found in Iowa Code section 423.1(43)“b.”    205.6(1) General examples of sourcing of tangible personal property.  The following examples illustrate the sourcing principles of Iowa Code section 423.15(1) as applied to sales, but not leases or rentals, of tangible personal property.    205.6(2) General examples of sourcing of specified digital products.  The following examples illustrate the sourcing principles of Iowa Code section 423.15(1) as applied to specified digital products.    205.6(3) Examples of sourcing of leases and rentals of tangible personal property other than transportation equipment or products described in Iowa Code section 423.16.  The following examples illustrate the sourcing principles of Iowa Code section 423.15(2) as applied to leases or rentals of tangible personal property, other than transportation equipment as defined in Iowa Code section 423.15(3). This rule does not cover products described in Iowa Code section 423.16.In exchange for possession of the couch, X makes the required $50 down payment to Y at Y’s office in Des Moines, Iowa. X receives the couch at Y’s office in Des Moines, and X takes the couch to X’s home in Indianola, Iowa. While purchasing the couch, X provides Y with X’s Indianola address, which Y keeps on file. For the remainder